The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-05-28
sioner, for whose appointment provi-
sion is hepeAfter made.

sioner, for whose appointment provi-
sion is hereafter made.
Sec. 5. That said Commissioner
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 the papers to the Court OF
Common Pleas. 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 trcm the decision OF
Referee appinted under the Code: II
there be no appeal, the Clerk of the
Court shall docket judgment accord
ing to The report and decision OF the
Commissioner.
Sec. 6. In every case in which the
defendant or defendants in any burn
ed Judgment or decree shall he absent
from and without tho limits of this
State. in lieu of the service required
by this Act. it shall be sufficient to
publish, in a newspaper of Abbevllle
County, one months notice of such
application, and, if the absentec's
residence is known, q 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 proper showing, to set
aside suchjudgment or decree.
Sec. 7. The County Commissioners
for Abbevile County shall, forthwith,
furnish the Clerk Of said County with
a book or books of proper size, suita-
| bly, ruled and securely bound, to be
labelled "Abstract Of Burnt Jpdgg-
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 the orig.
inal parties, plaintiffs and defendants
attorneys, the date of the signing OF
the judgment Or filing of the decree,
the amount of the recovery. the s9m
bearing interest. and the. date from
which the interest began to run, the
balance actually duo at the date OF
the destruction, the date of the entry
of the Original process, the last pro-
cess issued for tho execution Of such
Judgment, and the costs thereon.
And such entries shall, without other
or further record, be good and sutti-
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. 8. In any case provided for in
this Act, if the applicant, or, in case 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 be living. and be within the
limits of the State, call upon such re-
spondent to answer, on oath, as to the
former existence Of such record or
other document, and us to its con-
tents, character and description, and
also rs 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-
ceeding is had, and twenty days if he
is not,) shall fail to answer, upon
oath, the interrogatories so propouhd-
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
vided, That such admission shall only
affect the party SO falling 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 bis legal represen-
tatives, or sh Il deny any other mate
rial fact alleged in the applicants
affidavit, the answer of the respon.
dent, 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 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 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 statement of the
pamcs Of the parties, a brief state
ment of the property mentioned in