The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-08-13


according to law; shall hear and de-
eide the matter in controversy, report
his decision in writing, and, with it.
return all the papers to the Court OF
Common Pleas. From the decision
of the missioner an appeal may
be- taken to the Court by the party
or parties dissatisfied Herewith, as in
case Of an appeal frcm the decision of
Referee appinted under the Code. If
there be no appeal, the Clerk OF the
Court shall docket judgment accord
ing to the report and decision OF the
Commissioner; u ~
Sec. G. In every case in which the
defendant.or defendants in any burn
ed Judgment or decree shall ho absent
from und without tho limits Of this
State. in lieu of the service required
by this Act. it Shall be sufficient to
publish, in newspaper Of Abbeville
County, one months notice Of such
application, and, if the absentce's
residence is known, 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 tho notice in this
Section provided, from moving the
Court, upon proper showing, to set
aside such iudpmcnt or decree.
Sec. Z. The County Commissioners
for Abbevile County shall, forthwith,
furnish the Clerk of said County with
book or books of proper size, suita.
bly, ruled and securely bound, to be
labelled "Abstr ct of Burnt Jndg-
n.ent and DEGREES in which the said
Clerk shall enter an abstract of every
such judgment and decree, new
record of which shall be SO ordered
to be substituted, setting out, in dis,
tinct and appropriate columns, as near
as possible, the names of all the orig.
iual parties, plaintiffs and defendants
attorneys, the date Of the signing OF
the Judgment or filing ef the decree,
the amount of the recovery, the sum
bearing interest. and the date from
which the interest began to run, the
balance actually due at the date OF
the destruction, the date of the entry
of the origin1l process, the last pro.
cess issued for the execution of such
Judgment, and the costs thereon
land such entries shall, without other
or further record, be good and snffi.
cient in law for all purposes for which
the original record itself could have
been used. and of equal authority
Herewith in all respects.
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
the loss and destruction of such record
or other document, he may, if the
respondent, or either of them. if more
than one lie living. and be within the
limits of the State, call upon such re
spondent to answer, on oath, rs to the
former existence Of such record OF
other document, and as to it's con
tents, character and description, and
also as to the amount due thereon
And in case such respondent, after al
least ten days personal notice, if he
be within the County when such pro
eeeding is had, and twenty days if he
IS not shall fail to answer, upon
oath, the intcrrogatories so PROFOUND
cd. such failure to answer, (unloss
satisfactorily explained or accounted
for,) shall be taken and considered as
an admission by such respondent Of
the truth Of the facts stated and scl
forth in the applicants affidavit: Pro
vided, That such admission shall only
affect the party so failing to answer
as aforesaid. and his legal representa-
tivcs. IF such respondent shat 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 tc
such applicant, or his legal reprcsen
tatives, or sh II deny any other mate
rial fact alleged in the applicants
affidavit, the answer Of the respon
dent, together with the affidavit. O.
the applicant, shall be considered a'
evidence in the case, and shall, with
Isuch other testimony as the parties
on both sides may offer, be submitted
to the Conrt: Provided, That no costs
shall be taxed against the respondent
for the interrogatories which may bt
propounded to him under the provi
sions of this Act.
Sec. 9. That the Commissioners O
the County SHALL provide book Of
books for the Clerk of the Court. ir
which the said Clerk shall record ar
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 a statement Of the
names of the parties, a 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 suck registry shall be entered anew
on said paper. And the said deeds,
convcyances, mortgages, settlements,
liens, ard other instruments in wri,
ting, shall be recorded as above pro,
vided for within six months from the
ratification of thio Ant ~ tbar,pico