The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-05-07

Ifespendent is the only means by
(which such lost or destroyed record
Ior document can be established, and
ialso Of the former existence and OF
the 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, call upon such re-
spondent to answer, on oath, lis to the
former existence Of such record OF
other document, and rs to lis con:
tents. character and description, and
also as to the amount dne thereon.
And in case such respondent, after at
least ten days personal notice, Off he
be within the County when such pro
,ecding is had, and twenty days if he
IS not,) shall fail to answer, upon
oath, the Undergraduates so propnund-
ed. such failure TO answer. (unIcSS
Satisfactorily explained or accounted
tor,) shall be taken and considered as
an admission by such respondent of
the truth of the facts stated and set
forth in the applicant 5 affidavit: Pro
vidrd, That snch admission Shall only
affect the party so failing to answer
as aforesaid. and his legal representa-
ltives. If such respondent shal / deny,
Ion oath, the former existence Of such
Irecord or other document, so attempt
I'd 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.
deaf, 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 ubnltted
to the Court: Provided, That nc. costs
stall be taxed against the respondent
for the interrogatories which may be
propounded to him under the proYi'
sions Of this Act.
Sec. s. That the Commissioners OF
the County shall provide a book or
books for tho Clerk Of the Court. II
which the said Clerk shall record an
abstract of all the deeds, convey
ances, ortgages, settlements, hens,
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, brief state
ment of the property mentioned IL
the deed or other instrument, the
date OF the paper, the time when the
registry was made, and the certificate
of such registry sha j be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements
liens, ard other instruments in wrl-
ting, shall be 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 valuable consideration without
notice. r,.-.
Sec. 10. That in case any deed, con-
veyance, settlement 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 oi
any deed, conveyance, mortgage, set
Element, agricultural lien, Or other
instrument in writing requiring regis
try, shall have been delivered to the
| Register with such intent, aud shal
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 sucl
deeds, conveyances, mortgages. settle
ments, agricultural liens, and Other
instruments in writing. shall be
proved as in the case of judgments
as aforesaid, and recorded by tn,
Clerk in the book or books, as order
ed in the preceding Section OF this
Act.
; Sec. II. That nothing herein con
tanned shall prevent any one from
establishing, on the trial Of any
caase, any lost or burnt paper, accord
ling to the rules Of evidence now ex
isting.
Sec. ~. That the Judge of the
Eighth Judicial Circuit shall have
power to appoint person, who shall
be called a Commissioner, 10 hear
and decide all questions to be referred
to him. as required under the provi:
sions of this Act
Sec. laUThe County Commissioners
are authorized and required-to employ
the service of o competent person to
arrange properly, in the new office OF
=. the Probate Judge of said County,
. 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 Abbevilie.
Sec II. That in cases where records
are altogether destroyed or burned
the execution excepted, the execution
shall be taken as prinsa t"cse evidence
of the burned or lost record.
Sec. Is. That by the substitution
and removal of judgments and papers
as provided by this Act, no party
shall have any other or greater right
than would shave existed had the
Judgment and conveyance, mortgage
settlement, len, or other instrument
in writing, never been burned, mis-
laid, lost or destroyed.
Sec. 16. The plaintiff shall pay the