The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-16
[oFFIcIAL.]
Tle Laws Of South CatDina
Acts and Joint Resolutions
! Passed by the General AS
sembly at the Session OF
1S72-'73.

AN ACT to Remedy and Supply the
Loss of Public Records, aud tc
sPerpetuate Testimony in Regarc
& to Deeds, Mortgages, Settlement:
: and other Papers, Lost by Fire Al
Abbeville.
Section Be it enacted by tho
Senate and House of Representatives
of ,he State of South Carolina, now
met and sitting in General Assembly
and by the authority Of the same:
That any party to record psaln
tiff, defendant, assignee, or any person
having an interest in any Judgment
decree or agricultural lien, the record
of which has been destroyed ty fire
at Abbeville, on the 18th January and
18th November, 1872, shall have the
right to supply the same in the 1ol
lowing manner:
Sec. 2. That the party desiring tc
supply such record may, upon notice
of not less than twenty days. served
personally upon the other parties In
interest in such record, make applica-
ton to the Clerk of the Court tol
leave to substitute q new record
which application shall contain, as
nearly as possible, state nent OF inc
names of the parties. the amount OF
the debt, the entry of said judgment
and execution, the names of the at
torneys of record, with such other
particulars as the applicanrmay deem
proper to his case; all which shall be
verified by the affidavit of the appll'
can't, or his or her attorney, according
to the test of his knowledge, intor'
nation and belief. e..
Sec. 8. That upon failure of the
party or parties, served as aforesaid
to answer such application, in writing
to be filed in the Clerks office within
twenty days thereafter, exclusive OF
the dav of service, the Clerk of the
Court Shall docket judgment for the
party fling said application.
Sec. 4. That if the party or parties
served with notice as above, flo with
the Clerk of the Court, within twenty
davs after such service. excluding the
day of service, an answer to the ap
p.ication, denying, upon oath, the
applicants right to the relief sought
with a statement of the grounds why
such application should not be grant
ed, the jurisdiction of the Clerk Of
the Court shall cease, and he shall
ra the application, answer, and any
accompanying papers, to a Commls'
sioner, for whose appointment proVi'
sion is hereafter made.
Sec. 5. That said Commissioner
shall take, in writing, all the testImo'
nv introduced by one or both parties,
according to law; shall hear and de-
eide the matter in controversy, report
his decision in writing, and, with it
return all the papers to the Court OF
Common Pleas. From the decision
of the Commissioner an appeal may
be taken to the Court by the party
or parties dissatisfied Herewith, as in
case Of an appeal frcm the decision o.
Referee appinted under the Code. L
there be no appeal, tho Clerk Of tho
Court shall docket Judgment accord
ing to the report and decision OF The
Commissioner.
Sec. 6. In every case in which the
defendant or defendants in any burn
ed Judgment or decree shall be absent
from and without the limits Of this
State, in lieu Of the Service required
by this Act, it shall be sufficient to
publish, in a newspaper Of Abbcville
County, one months notice Of such
application, and, if the abscntee's
residence is known, copy of the pa
per containing the publication shall
be mailed to his or her address: Pro
vided, That nothing herein contained
shall prevent such absent defendant
or defendants, within two years after
the publication of the notice in this
Section provided, from moving the
Court, upon proper showing, TO set
aside such judgment or decree.
Sec. Z. The County Commissioners
for Abbeville County shall, forthwith,
furnish the Clerk Of said County with
book Or books Of proper size, suita-
bly, ruled and securely bound, to be
labelled "Abstract Of Burnt judg-
n.ents and DEGREES in which the said
Clerk shall enter an abstract of every
such Judgment and decree, new
record OF which shall be so ordered
to be substituted. setting out, in dis
tinct and appropriate columns, as near
as possible, the names of all the orig
inal parties, plaintiffs and defendants
attorneys, the date Of the signing of
the judgment or filing Of the decree,
the amount Of the recovery, the sum
bearing interest. and the date from
which the interest began to run, the
balance actually duo at the date of
the destruction, the date Of the entry
of the Original process, the last pro-
cess issued for the execution. Of such
Judgment, and the costs thereon.
And such entries shall, without other
or further record, be good and suffi-
.cient in law for all purposes for which
the original record itself could have
been used, and Of equal authority
thercwith in all respects.
Sec. s. In any case provided for in
this Act, if the applicant, or, in case
of his death, his personal representa-
tive. shall make oath, according to the
best of his knowledge and belief, that
a discovery from the party or parties
respondent is tho only means by
which such lost or destroyed record
or document can be established, and