The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-06-11

other document, ana rs 10 ltS col'-
tents, character and description, and
also as to the amount due thereon.
And in case such respondent, after at
least ten days personal notice, (if he
be within the County when such pro-
cccding is had, and twenty days if ne
rs not,) shall fail to answer, upon
oath, the interrogatories so propound-
ed. such failure to answer, (unless
explained or accounted
for,) shall be taken and considered as
an admission by such respondent of
the truth Of the fncts stated and set
forth in the applicants affidavit: Pro
vidcd, That such admission shall only
affect the party so tailingto answer
as aforesaid. and his legal representa-
tives. IF such respondent shpl deny,
ON oath, the former existence of such
record or other dorument, so attempt
ed to be set up, or shall deny, on oath,
that there is anything due thereon to
such applicant, or his legal represenl-
tatives, or sh Il deny any other mate
rial fact alleged in the applicants
affidavit, the answer of tho respon.
dent, together with the affidavit OF
the applicant, shall be considered AZ
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
sl.all be taxed against the respondent
for the interrogatopies which may be
propounded to him .under the provl-
sions Of this Act.
Sec. 9. 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
heretofore recorded, and required by
law to be recorded. which abstract
shall contain q statement OF the
names of the parties, o brief state
ment of the property mentioned in
tho deed or other instrument, the
date of the paper, the time when the
registry was made, and the certificate
of such registry shall be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements
liens, ard other Instruments IN VIII
ting, shall he 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,
vevance, settlem ent agricultural lien.
or other instrument in writing, shall
have been duly recorded, and, after
registry, delivered TO ?. the owner
thereof, and the same shall have been
mislaid, lost or destroyed whilst in
possession of the owner, or in case OF
any deed, conveyance, mortgage, set
tlement, agricultural lien, or other
instrument in writing requiring regis
try, shall have been delivered to the
Register with such intent, and shall
have been burned whilst in the office
of the Register of Mesne Convey
ance, and before redelivery to the
owner thereof, an abstract of all such
deeds, conveyances. mortgages. settle
ments, agricultural liens, and other
instruments in wiring. shall be
proved as in the case of judgments
as aforesaid, and recorded by th1
Clerk in the book or books, as order
ed in the preceding Section OF this
Act.
Sec. II. That nothing herein con
taincd shall prevent any one from
establishing, on the trial Of any
canse, any lost or burnt paper, accord
ing to the rules of evidence now ex'
listing.
Sec. 12. That the Judge Of the
Eighth Judicial Circuit sha j have
power to appoint person. who shal!
be called a Commissioner, to hear
and decide all questions to be referred
to him. as required under the provi'
sions Of this Act. '
Sec. 13. The County Commissioners
are authorized and required to employ
the service Of II competent person to
arrange properly, in the new office OF
the Probate Judge Of said Comfy,
all the records of the late Court OF
Equity which properly belong to, the
Probate Court, and which were saved
in mixed and disorderly condition
from the late fire in Ahheville.
Sec II. That in cases where records
are altogether destroyed or burned,
the execution excepted, the execution
shall be taken as prinao f"c,e evidence
of the burned or lost record.
Sec Is. That by the substitution
and removal ofjudgments and papers,
as provided by this Act, no party
shall have any other or greater right
than would have existed had the
Judgment and conveyance. mortgage,
settlement, lien, or other instrument,
in writing, never been burned, mis-
laid, lost or destroyed.
Sec. 16. The plaintiff shallapay the
costs of his application to replace and
renew his judgment, as aforesaid, If
the defendant make default upon such
or consent thereto. In
such cases. the plaintiffs costs, to be
paid him. shall be ten dollars for his
In cases where jndg-
ment does not pass against the defen-
dant by default or by consent, and he
contests the plaintiffs claim or right,
the costs shall be the same as provided
by the Code, and awarded to parties
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