The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-05-14

be taken to the Court by The party
or parties dissatisfied Herewith, as in
case Of an appeal frcm the decision OF
Referee appinted under the Code, Ii
there be no appeal, the Clerk Of the
Court shall docket judgment accord
ing to The report and decision of tho
Commissioner. SO .....
Sec. 6. In every case in which the
defendant or defendants in any burn
ed Judgment or decree shall be absent
from und without the limits of this
State. in liou of tho service required
by this Act. it shall be sufficient to
publish, in q newspaper of AbbcViIle
County, one months notice OF such
application, and, if tho absentee'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 a proper showing, 10 set
aside such judgment or decree.
Sec. 7. The County Commissioners
for AbbeviIle County shall, forthwith,
furnish the Clerk of said County with
book or books of proper size, suita.
b1y ruled and securely bound, to be
labelled "Abstr.: ct Of Burnt Judg=
n:ent and DEGREES =" in which the said
Clerk shall enter an abstract Of every
such Judgment and decree, a. 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 tho signing OF
the Judgment or fling of the decree.
the amount of the recovery the sum
hearing intercat. aud the date from
which tho interest began to run, the
balance actually due at the date OF
>ho destruction, the date OF the entry
of the origin.l 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 ard suffi-
cient in law for ali purposes for which
the original record itself could have
been used. and of equal authority
Itherewith 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
discovery from the party or parties
respondent is the only means by
which such lost or destroyed record
or document can be established, and
also of the former existence and Of
the loss and destruction of such record
or other document, he may, if the
respondent, or either of them, if more
than one be living. and be within. the
limits of the State, call upon such re-
spondent to answer, on oath, Us to the
former existence Of such record or
other document, and as to its con-
tents, character and description, and
also us to the amount due thereon.
And in case such respondent, after at
least ten days personal notice, (if be
be within tho County when such pro-
cecding is had, and twenty days if he
IS not,) shall fail to answer, upon
oath, the,interrogatories so propound-
ed. such failure to answer, (unless
satisfactorily explained or accounted
for,) SHALL be taken and considered as
al admission by such respondent of
the truth Of the facts stated and. set
forth in the applicants affidavit; Pro
vided, That such admission shall only
affect the party so falling to answer
as aforesaid, and bis legal representa-
tives. If such respondent shall deny,
on oath, the former existence of such
record or other document, so attempt
ed to be set up, or shall deny, on oath,
that there is anything due thereon to
such applicant, or his legal represen-
tatives, or sh II deny any other mate
rial fact alleged in the applicants
affidavit, the answer of the respon-
dent, together with the affidavit of
the applicant, shall be considered as
evidence in the case, and shall, with
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-
sons Of this Act.
Sec. 9. That the Commissioners of
the County shall provide book or
books for the Clerk Of the Court. in
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, 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,
oonveyances, mortgages, settlements,
liens, ard other Instruments in wri-
ting. shall he recorded as above pro-
vided for within six months from the
ratification of this Act, otherwise
thn1, SKILL moi nrevall ga liens arainSt