The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-09-27

defendants attorneys, the cate OF the
siguing of tbs judgment or fling 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 due at the date Of the
destruction, the date of the entry of the
original process, the last process issued
for the execution ofsuch judgment, and
the costs due thereon. And such
entries shall, without other or further
record, be good and sufficient in law for
all purposes for which the original record
itself could have been used, and of equal
authority Herewith in all respects.
SEC. 8. In any case provided for in
this Act, ifthe applicant, or, in case of
his death, his personal representative,
shall make oath, according to the best
of his knowledge and belief, that dis
covery from the party or parties re
spondent is the only means by which
such lost or destroyed record or docu
msnt ca be established, and also of the
former existence aud of the loss and
destruction of such record or other docu
ment, he may, if the respondent, or
either Of them, if more than one be
living, and be within the limits of the
State, call uoon such respondent to
answer, on oath, az to the former sxis
tence of such record or other document,
and as to It's contents, character and
description, and also as to the amount
due thereon. And in case such respond
ent, after at least ten days personal
notice, (if he be within the County
when such proceeding is had, and
twenty days if he is not, } shall fail to
answer, upon oath, the interregatories
SO propounded, such failure to alswsr,
(unless satisfactorily explained or 40
counted for,) shall be taken aud con
sdered as an admission BY such respond
ent of the truth of the facts stated and
net forth in the applicants affidavit:
Irouided, That such admission shall
only affect th5 party SO falling to answer
as aforesaid, and his legai representa-
tives. If such respondent shall deny,
on oath, the former existence Of such
record or other document, 70 attem pte d
to be set up, or shall deny, on oath, that
there is anything due thereon to such
applicaat, or his legal representatives,
or shall deny any other material fact
alleged in the applicants affidavit, the
answer of the respondent, together with
the affidavit of the applicant, shall be
considered as evidence in the case, aad
shall, with such other testimony as the
parties on both sides may offer, be sub
mitted to the Court: Provided, That no
costs shall be taxed against the respond
eat for tho iaterrogatories which may
be propounded to him under the pro
visions Of this Act.
SEC. 8. That the commissioners Of the
County shall provide book or books
for the clerk of the Court. in which the
said clerk shall rocerd an abstract of all
the deeds, conveyances, mortgages,
settlements, liens, and other instruments
in writing heretofore recorded, and
required by law to be recorded, which
abstract shall contain statement Of the
names of the parties, brief statement
Of the inameS Of the parties, brief state
ment of the property mentioned in the
deed or other instrument, the date Of
the paper, the time when the registry
was made, and Che certificate Of such
registry shall be entered anew on said
papsr. Aud the said deeds, convey
anocs, mortgages, settlements, liens, and
other instruments in writing, shall be
recorded as above provided for within
six months FROM 3he ratification of this
Act, otherwise they shall not prevail as
liens against subsequent creditors or
purchasers for q valuable consideration
without notice.
Sec. 10. That in case any deed, con
veyance, settlement, mortgage, Agricul
tural lien, or other instrument in writ
ing, shah have been duly recorded, and,
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