The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-23

AN ACT to Remedy and Supply the
Loss of Public Records, and to
Perpetuate Testimony in Regard
to Deeds, Mortgages, Settlements
and othor Papers, Lost by Fire at
Abbeville.
Section / Be, it enacted by the
Senate and House of Representatives
of ,he State 5of South Carolina, now
met and sitting in General Assembly
and by the authority of the same:
That any party to a record, plain
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 10Th January and
18th November, 1879, shall have the
right to supply the same in tho fol
lowing manner:
Sec. 2 That the party desiring to
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 fol
leave to substitute q new record
which application shall contain, a.
nearly as possible, state nent of the
n ames of the parties, the amount o1
the debt, the entry of said judgment
and eyecution. the names of the at
torneys of record, with such other
particulars as the applicant may deem
proper to his case; all which shall be
verified by the affidavit of the appli
can't. or his:or her attorney, according
to the rest of his knowledg &c, infor'
nation andjbelief. :.
Sec. 8. That upon failure Of the
party or parties, served as aforesaid,
to answer such application, in writing
to be fled in the Clerks office within
twenty days thereafter, exclusive OF
the day 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 rs above, file with
the Clerk of the Court, within twenty
days 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 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
refer the, application, answer, and any
accompanying papers, to a Commits
sioner, for whose appointment proVl'
sion is hereafter made.
Sec. S. That said Commissioner
shall take, in writing, all the testimo-
ny 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 70 the Court of
Common Pleas. From tho 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 from the decision Of
Referee appintcd under the Code. If
there be no appeal, the Clerk Of the
Court shall docket judgment accord
ing to the report and decision of the
Commissioner.
Sec. 8. In every case in which the
defendant or defendants in any burn
ed Judgment or decree shall 10 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 Abbeville
County, one months notice of such
and, if the absentee's
residence is known, q 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 a proper showing TO set
aside such judgment or decree.