The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-30

on oath, the former existence of suct
record or other document, so attempt
ed to be set up, or shall deny, on oatl
that there is anything due thereon.'
such applicant, or his legal represen
tatives, or sh II deny any other mate
rial fact alleged in the applicant,
affidavit, the answer Of the respon.
dent, together with the affidavit D
the applicant, shall be considered u,
evidence in the case, and shall, will
such other testimony as the parties
on both sides may offer, be submitted
to the Court: Provided, That no costs
shall be taxed against the respondent
for the interrogatories which may be
propounded to him under the provi'
sions Of this Act.
Sec. 8. That the Commissioners OF
the County shall provide a book or
books for The Clerk of the Court. il
which the said Clerk shall record an
abstract of all the deeds, convey
ances, mortgages, settlements, liens,
and other instruments in writing
heretofore recorded, and required by
law to be recorded, which abstract
shall contain a statement OF the
names of the parties, a 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 the certificate
of such registry shall be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements,
liens, and other instruments in wri-
ting, shall be recorded as above pro-
vided for within six months from the
ratification of this Act, otherwise
they shall not prevail as liens against
subsequent creditors or purchasers
for valuable consideration without
notice..
Sec. 10. That in care any deed, con-
veyance, settleme ent. agricultural lien.
or other instrument in writing, shall
have been duly recorded, and. after
registry, delivered to the owner
thereof, and the same shall have been
mislaid, lost or destroyed whilst in
possession of the owner, or in case OF
any deed, conveyance, mortgage, set
tlement, agricultural lien, Or other
instrument in writing requiring regis
try, shall have been delivered to the
Register with such intent, aud shall
have been burned whilst in the office
of the Register of Mesne Convey
ance, and before redelivery to the
owner thereof, an abstract of all such
deeds, conveyances, mortgages, settle
ments, agricultural liens, and other
In writing shall be
proved as in the case of judgments,
as aforesaid, and recorded by tho
Clerk in the book or books, as order.
ed in the preceding Section of this
Act.
Sec. II. That nothing herein con-
tanned shall prevent any one from
establishing, on the trial Of any
cause, any lost or burnt paper, accord
ing to the rules Of evidence now cx-
isting.
Sec. 12. That the Judge of the
Eighth Judicial Circuit shall have
power to appoint person, who shall
be called Commissioner, to-. hear
and decide all questions to be referred
to him. as required under the provi-
sions Of this Act
Sec. 13. The County Commissioners
are authorized and requireh to employ
the service of a competent person to
arrange properly, in the new office OF
the Probate Judge of said County,
all the records of the late Court of
Equity which properly belong to the
Probate Court, and which were saved
in o mixed and di>orderly y condition
from the late fire in Abbeville.
Sec II. That in cases where records
are altogether destroyed or burned,
the execution excepted, the execution
shall be taken as prinan t"c,e evidence
of the burned or lost record.
Sec Is. That by the substitution
and removal ofjudgments and papers,
az provided by this Act, no party
shall have any other or greater right
than would have existed had the
Judgment and conveyance, mortgage,
settlement, hen, or other instrument,
in writing, never been burned, mis-
laid, lost or destroyed.
Sec. 16. The plaintiff shall pay the
costs of his application to replace and
renew his Judgment, as aforesaid II
the defendant make default upon such
application or consent thereto. In
such cases, the plaintiff g costs, to be
paid him. shall be ten dollars tor his
In cases where Judg-
meut does not pass against the deten-
dant by default or by consent, and he
contests the plaintiffs claim or ri ght,
the costs shall be the same as provide q
by the Code, and awarded 10 parties
according 10 the Code of Procedure:
The fees of the Clerk and Sheriff shall
be The same as now fixed by law for
similar services, and those of the
Commissioners to be appointed under
this Act the same as were allowed to
commissioners in Equity by the Act
of the General Assembly OF this
State. passed in December, s3 1899.
Approved February 27, 1873.