The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-07-02
Burnt Records.

AN ACT to Remedy and Supply the
Loss of Public; Records, and to
Perpetuate Testimony in Regard
to Deeds, Mortgages, Settlements
and other Papers, Lost by Fire at
Abbeville. 49,.
Section l Be it enacted by the
Senate and House of Representatives
of ,he State of 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 hy fire
at Abbcville, on the 18th January and
18th November, 1872, shall have the
right to supply the same in the fol
lowing manner:
Sec. 2 That the party desiring to
suprly such record may, upon notice
of not less than twenty days. served
personally upon the other parties in
interest ir. such record, make applica-
ton to the Clerk of the court~for
leave to substitute a new record,
which application shall contain, az
nearly as possible, state nent of the
n 4mes of the parties. the amount of
the debt. the entry of said judgment
and eyecntion. the names Of the at
tornevs of record, with such other
particulars as the applicant may deem
proper to his case; all which shall be
verified hy the affidavit of the appli-
cant, or his or her attorney, according
to the. rest of his knowledge, infor-
nation and belief. .
Sec. 3. That upon failure Of the
party or parties, served as aforesaid,
to answer such application, in writing,
to he 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. That if the party or parties,
served with notice as 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 provi-
sion is hereafter made. .....
Sec. 5. 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 to the Court of
Common Pleas. From the 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 appinted 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. 6. 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
publish, in newspaper of Abbeyille
County, one months notice Of such
application, and, if the. 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
Eshall prevent such absent defendant
or defendants. within two years after
the publication of the notice in this
Section provided, from moving the
Court, upon proper showing, to set
aside such judgment or decree. ~
Sec. 2. The County Commissioners
for Ahoeville County shall, forthwith,
furnish the Clerk of said County with
a book Or books of proper size, suita-
bly, ruled and securely bound, to be
labelled .ssAbstr.'ct of Burnt Judg-
n.ente and DEGREES "in which the said
Clerk shall enter an abstract of every
such Judgment and decree, a new
record of which shall be 80 ordered
to be substituted, sstting 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 judgment or filing of the decree