The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-06-04
oncr, for whose appointment provi

lsioncr, FOR whose appolntmenG Pro'l-
sion is hereafter made. ...
Z Sec. 5. That said Commissioner
shall take in writing, all the testlmo-
ny introduced by one,or both parties,
accordingto law; shall hear and de-
eide the matter in controversy, report
his decision in writing, and, with II,
return all tile papers to the Court OF
Common Pleas. From the decision
Of the Commissioner an appeal may
he taken to the Court by the party
or nartics dissatisfied Herewith, as IN
ease OF an appeal from the decision OF
Referee appintcd under the Code: If
there be no appeal, the Clerk OF the
Court shalt docket Judgment accord
inc to The report and decision of the
Commissioner IS. = %.
Sec. G. In every case in which the
defendant or defcndantsin any burn
cd Judgment or decree shall ho absent
from and without tho limits of this
State in lieu Of the service required
by this Act. it shall be sufficient to
publish, in newspaper Of Abbcville
County, one months notice Of such
application, and, if tho abscntec's
residence is known, a 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 proper showing, TO set
aside such Judgment ordccreo. '-a
Sec. Z. The County. Commissioners
for Abbevillc County shall, forthwith,
furnish the Clerk of said County with
book or books of proper size, sulta-
bly, rnled and securely bound, to be
labelled "Abstract Of Burnt Judg-
En.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 appropriated columns, as near
as possible, the names of all the orig
inul parties, plaintiffs: and defendants
attorneys, the date of the signing Of
tthc judgment Or filing Of the decree.
the amount of the recovery the sum
bearing interest. and the date from
which the interest began to run, the
balance actually duo at the date Of
he destruction, the date Of the entry
of the oriyin..i 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 and snfi:-
cient in law for all purposes for which
the original record itself could have
been used. and Of equal authority
Herewith in albrespects.
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
a 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
.he 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, callupon such re-
Spondent to answer, on oath, as to the
former existence Of such record O:
other document, and us to its con:
tents, character and description, and
also rs to the amount due thereon.
And in case such respondent, after at
least ten days personal notice, Off he
be Within the County when such pro-
,:eeding is had, and twenty days if he
IS not.) shall fail to answer, upon
oath, the interrogatories so propomd-
ed. such failure to answer. (unless
satisfactorily explained or accounted
for Shall be taken and considered as
an admission by such respond&t Of
the truth of the facts stated and .set
forth in the applicants affidavit: Pro.
vidtd, That such admission shall only
affect the party SO failing to answer
as aforesaid. and his legal representa-
tivcs. If snch 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 Il deny any other mate
rial fact alleged in the applicants
affidavit, the answer of the respon-
deit, 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 mterrogatories which. maybe
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. in
which the said Clerk shall record an
abstract of all the. deeds, convey
ances, mortgages, settlements, liens,
and other Instruments in writing