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

Perpetuate Testimony in Regard
to Deeds, Mortgages, Settlements
and other Papers, Lost by Fire at
Abbeville.
Section l Be it enacted by the
Senate and House Of Representatives
of lbe State of South Caro'ina, now
met and sitting in General Assembly,
and by the authority of the same {:
That any party to a record, plain
tiff, defendant, assignee, or any person
having an interest in any judsmen' .
decree or agricultural lien, the recor'
of which has been destroyed fy fir,
ut Abbcville, on the 10Th January an'
18th November, 1879, shall have .th'
right to supply the same in the fo'
lowing manner:
Sec. 2 That the party desiring t."
supply such record may, upon MOTTO
of not less than twenty days serve
personally upon the other parties it
interest in such record, make applica
tion to the Clerk Of the Court fo
leave to substitute Q new record
which application shall contain, a.
nearly as possible, Il state ncnt of tn
MINES of the parties. the amount o.
the debt, the entry of said judgmen
and execution, the names Of the al
tornevs of record. with snrh 9TH
particulars as the applicant may deem
proper to his case all which shall h'
verified by the affidavit Of the apPli-
cant, or his or her attorney, according
to the rest of his knowledge, infor'
nation and belief.
Sec. 3. That upon failure of the
party or parties, served as aforesaid
to answer such application, in writing
TO be filed in the Clerks office within
twenty days thereafter, exclusive o.
the day of service, the Clcrk of tn.
Court shall docket Judgment for the
party filing said application.
Sec. 4 That if the party or parties
served with notice as above, file with
the Clerk of the Court, within twenty
DAYS after such service. excluding The
day of service, an answer to the ap
p.ication, denying. upon oath, the
applicants right to tho relief sought
with a statement of the grounds why
such application should not be grant
ed, the Jurisdiction of the Clerk O.
the Court shall cease, and he shal
refer the application, answer, and any
accompanying papers, TO Commits
sioner, for whose, appointment provi
sion is hereafter Rade.
Sec. 5. That said Commissioners
shall take, in writing, all the testimo
ny introduced by one or both parties
according TO law; shall hear and de-
eide the matter in controversy, report
his decision in writing, and, with it
return all Il c papers to the Court OF
Common Peas. From the decision
of the Commissioner 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 ap.,inted under the Code. Il
there be no appeal, the Clerk Of the
Court shall docket jud dgment accord
ing to the rel ort and decision of the
Commissioner. .-.
Sec. 6. In every case in which tho
defendant or defendants in any burn
ed Judgment or decree shall he absent
from and without the limits of this
State. in lieu of the service required
by this Act, it shall be sufficient to
publish, in o newspaper of Abbeville
County, one months notice Of snch
application, and, if the abscntee's
resid"rce 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 the notice in this
Section provided, from moving the
Court, upon q proper showing, 10 set
aside such judgment Or decree.
Sec. 7. The County Commissioners
for Abbevilc County shall, forthwith,
furnish the Clc k of said County with
a book or book of proper size, suita.
bly ruled and securely bound, to be
labelled "Abstract Of Burnt Judg,
n.ent and DEGREES in which the said
Clerk shall enter al abstract of every
such Judgment and decree, o. new
record nt' whi"h 81 all be SO ordered
to bessubstituted, setting out, in dis
tinct and appropriate columns, as near
as possible, the names Of all the orig.
inal parties, plaintiffs and defendants
attorneys, the date of the signing OF
the iuIymen, or filing of the decree.
the amount of the recovery the sum
bearing inter, st. and the dete from
which the int rest began to run, the
balu""e actual y due at the date of
the destruction, the date Of the entry
of the original 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 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 '';,se prov ded for in
this Act, if the applicant, 'r, in case
of his death, his personal 'presenta-
tive shall make oath, according to the
best of his knowledge and be JEFF, that
- d;en,1orv from the partv or parties