The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-05-21
lsc of an appeal frcmthe decision oa

Court shall DOCKET Judgment accord:
ing to The report and decision of the
Commissioner .-~.
Secs. In every case in which the
defendant or defendants in any burn
ed judgment or, decree shall he absent.
from and without the limits Of this
State. in lieu of the service required
by this Act. it shall be sufficient to
pubiish;; in a newspaper of Abbeville
County, one months notice Of such
application, and, if the absentee's
residence is known, a copy of the pa
per containing the publications 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. g..
Sec. Z: The County Commissioners
flor Abbcville 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 "Abstr.ct Of Burnt Judg-
n.ent and DEGREES in which the said
Clerk Shall enter an abstract of every
such Judgment and decree, q new
record of which shall be 80 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 lgment or fling of the decree.
the amount of the recovery the sum
bearing interest. and the date from
which the ,nterest began to run, the
balance actually due at the date OF
he destruction, the date-of the entry
of the oriyin-.l process, the last pro-
Ecess issued for Il he execution of such
Judgment, and the costs thereon.
| And such entries shall, without other
or further record, be good and suffi-.
Ecient in law for. all purposes for which
the original record itself could have
been used. and of equal anthorlty
Herewith in all respects.
Sec. 8 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 frontthe 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. as to the
| former existence. of such record or
other document, and as to its con-
tents, character and description, and
also as to the amount dne thereon,
And in case spch respondent, after at
least tendays' personal notice, Off he
be within the County when such pro-
eeeding:.is is had, and twenty days if. he
is not shall fail to answer, upon
oath, the interrogatories. so propound:;
fed. such failure to answer, (unless
satisfactorily explained or accounted
for,) shall be taken and considered as
an 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 failing to answer
as aforesaid, and his legal representa-
tives, If such respondent shall deny,
on oath, the former existence of such
hrecord or other document, 80 attempt
ed to be set.up, or shall deny, on oath,
that there is anything due thereon to
such applicant, or his legal represen-
ltatives, or sh Il 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 the1case, 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 provl-
sions 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 record an
abstract of all tho 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 he 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 a valuable consideration without
notice.
Sec. 10. That in case any deed, con-
veyance, settlement. agricultural lien,
or other instrument in writing, shall
have been duly recorded, and, after
registry, delivered to the owner
= h. o,or>P ,od {bo CO roo obo II hova hanp