Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-10-02
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signing Of She judgment. or fling ofithe4
1ieefeeS tho amount of the recovery, thea
gntn bearing interest, and the date Hom i
high the interest began toqrun, the,
balance actually due at the date of the
obstruction, the date Of the entry, of the e.
y original fprocess,a The last process issued
! for hesoxecutiongof such Judgment, and
+ the soosts due thereonsia And such
sntries shall, without other or further i
6record, be good and sufficient in law for.
All purposes for which the original record
itself could have been used, and Of equal
authority Herewith infall respects.
q. .lSEo. S.Ina aany case provided for in
this Act, 3iftle, applicant, or;in case. of.
his death, his personal representative
shall make oath ,according to the. best
of his knowledge aud belief, that a dis
e;coyery from the party or parties re
spondcnt is the only means by whichi
such lost 1or destroyed record or docq
,Smept caa be establ;&sad, aud also Of the !
saformers existence end of the loss and ],
destruction Of such record or other docu 5
ment, he may, if tho respondent, OF ,
either of them, if moro than one ono be
living and be within the limits OF tho
Stntc, call upon such respondent to !;
answer, on oath, as to the former exis /;
Sltcnce of such record or other documents
and as to its contents, character and ].
description, and also as to the amount
Esdue thereon. And in case such respond
8ent, after mt least ten days personal
notice, tif he be within the County
when such proceeding is had, and
twenty days if he isInot, y shall fail to |.
answer, upon oath, the interrogatories
SO prepounded, such failure to answer,
(unlcss satisfactorily explained or ac
counted for, shall be taken and con
sidered as an admission. by such respond ]
cnt Of the truth Of. the facts stated and
get turth in the appllcants, alHdayit (:
a.oeis7cd, That such admission. shall
only Affect the party 50 Falling to answer
as Aforesaid. and his legal representa-
tives. If such respondent shall deny
ON oath, the former existence ofsuch
record or other document, SO attempted
to, be set up, or shall deny, on oath, that
there is anything due thereon to such
applicant, or his legal representatives,
or shall deny any other material fact
alleged in 2 thoapplicant's affidavit, the
answer Of the respondent, 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 sub
nittcd to the Court: Provided, That no
costs shall be taxeds against the respond
ept for the intorrogatories which may
be, propounded. to. him under the pro
visions Of this Act. r. ~,
SEC. 8. That the commissioners of the,
County shall provide a book or books
ior the clerk Of the Court, in which tho
Said clerk shall record an abstract Of all
theil2 deeds, conveyances, mortgages,
settlements, liens, and other instruments
In writing heretofore recorded, and
required by law. to be recorded, which
abstrao. shall contain 9 statement of the
names OF the parties, 8 brief statement
ofthe names of the parties, a bricfstate
nient of the property mentioned in the
deed or other instrument, the date Of
the paper, tho time when tho registry
was made, and .he certificate Of such
registry shall be entered anew on said
paper. And the said deeds, convoy
ances, mortgages, settlements, liens, and
other instruments in writing, shall be
recorded as above provided for within
six months from .the ratification ofthis
Act, otherwise they shall not prevail as
liens against subsequent creditors or
purchasers, for valuable consideration
without notice. '"'t.V t''f'.i'S = f.il l@'
SEQ. 10. That in case any decd, con
veyanco, settlement, mortgage, Agricul
'tural lien, or other instrument in writ
ing, shall have been duly recorded, aud,
nftcr rop;ctrv ro1ol;yornd "a tho o,yn,.