The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-07-30


by this Act. it shall be sufficient to
publish, ina newspaper of Abbeville
County,. one months notice of such
application, and, if, the absentee's
residence is known, a 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 the notice in this
Section provided. from moving the
Court, npon proper showing, to set
aside such judgment or decree.
Sec. z. The County Commissioners
for Abbeville 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, a 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 tho orig.
iual parties, plaintiffs and defendants
attorneys, the date Of the signing of
the Judgment or filing Of the decree.
the amount of tho recoCery, the sum
bearing interest and the date from
which the interest began to run, tho
balance actually due at the date of
the destruction, the date of the entry
of the origin..l process, the last pro-
cess issued for the execution Of such
Judgment, and the costs thereon.
And such entries shall, without other
or further record, be good and suffi-
cient in law for all purposes for which
the risinal record itself could have
been used. and Of eqnal authority
Herewith in all respects.
Sec. 8 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
discovery from the party or parties
respondent is the only means by
which such lost or destroyed record
or document can bo 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 he living and be within the
limits of the State, call upon such re-
spondent to answer, on oath, IA to the
former existence Of such record or
other document, and as to it's 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, (if he
be within the County when such pro-
recding is had, and twenty days if he
IS not.) shall fail to answer, upon
oath, the interrogatories 80 propound-
ed. such failure to answer. (unless
satisfactorily explained or accounted
for,) shall be taken and considered as
an admission by such respondent of
the truth Of the facts stated and set
forth in the applicants affidavit Pro-
vidcd, That such admission shall only
affect the party so failing to answer
as aforesaid. and his legal representa-
tives. IF such respondent shall 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 to
such applicant, or his legal represent
tatives, or sh II deny any other mate
rial fact alleged in the applicants
affidavit, the answer of the rcspon-
dent, together with the affidavit of
the applicant, shall be considered as
evidence in the case, and shall, with
snrh other testimony as the parties
on both sides may offer, be submitted
to the Court Provided, That no costs
shall be taxed against the respondent
for the interrogatories which may be
propounded to him under the provi-
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 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 he entered anew
on said paper. And the said deeds.
conveyances, mortgages, settlements,
liens, ard other instruments in wri-
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.
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