Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-10-02

REGARD ITO DEEDS, NJ MoRTdAaEssf
SETTLEMENTS AND OTHER PArERs,
Losr BY FIRE AT ABBEyILIE.
}Stis .sfss 2iisFl sisza 3's5 l2ifsHiii iatsss
SEoTIeN 1. Be- IL enacted IyL the
Senate and House of Representatives. sof
the State of South Carolina, now met
and sitting in General Assembly ,,andS
by the authority fthe same, That any
party to record, plaintiff, defendant,
assignee, or any person having an inter
est in any Judgment, or agricultural len
the record of which has been Destroyer
by fire at Abbeyille, on the 10Th Janus
ary and 17the November, 1s72, shall
have tho right to supply the same in tlaps
following manner: Ji,,ft t;sy5. 81
Sec. 2. That the party desiring %
supply such record may, upon notice aof.I
not less than twenty days, served rar4
sonally upon the other parties in inter
est in such record, make application tos
tho. clerk Of tho Court for leave to. .sabstiS
tute7 now record, which-applications
shall contain, as nearly as possible, a
statement Of the names Of tho parties,
the amount ,ofthe debt, the entry ofsaid
judgment add execution, tho names OF
the attorneys of record, with such other
partic ulars as the applicant may deem
proper to his cease all which shall be-
! verified dy the affidavit of.tsie applicant,
or his or her agent OF attorney, accord
ing to the best OF his knowledge, informas
tion and belief
SEQ 3. That upon failure Of the party
or parties, served as aforaai,l, to answer
such application, in writing, to be fled
in the clerks Office within twcnty days
thereafter, exclusive of the day ofssers
vice, tho clerk. of tle Court shall docket
JUDI ments for the party Sling said
cation. -
SEC. 4. That if the party or parties,
served with notice as above. file VITA 4
tho clerk of the Court, within twenty
days after such service, excluding tile
day of service, an answer to the applisa-
ton, denying, upon oath, the appllosn.'st
right to tue relief sought, with, u state
mont of the goands why such applical
i ton should not be granted, tho 6urisdies
tion Of the clerk of the Court shall cease,
= and he shall refer the application,
answer, and any accompanying papers,
to commissioner For whose appoint:
mcnt provision is,hereafter made. .gsiF
SEC. 5. That said commissioners shall
take, in writing, all the testimony intro
iduced, by one or both parties, according
TO law shall hear and dccide.the .matter
in controversy, report his decision in
writings and, with it, return all the
papers tosthc Court Of commoni Pleas.
From the decision of ihc commissioners
an appeal may bo taken to the Court by
the party or parties dissatisfied there
with, as in case of an appeal from the
decision Of Referee appointed under the
Code. If thoro be no appeal, the clerk
of the Court, shall docket Judgment
according to the ropert and decision Of
the commissioner. ''R lls.
SEC. 6. In every case in which the
defendant or defendants in any buried },
judgment or decree shall be absent from
and without the limits Of this State, in
lieu of the service required by this Act
it shall be sufficient to publishd, in
newspaper of Abbevillc County ono
months notice of such application, and,
if the abscntcc's residence is known, n
copy of the paper containing the publ
cation shall bo mailed to his or her I'D
dress Prouidcd, That nothing herein
contained shall prevent such absent
defendant or defendants, within two
years after.th disqualification Of the notice
in this Section provided, from moving
the Court, upon a proper showing, I'd set
aside such judgment or decree.
SEC z. The County commissioners for
Abbeyfllc County shall, forthwith,
furnish tho clerk of.said County with q
book or books Of proper size, suitably
ruled and securely bound. to he labelled