The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-07-16

twonty days thereafter, exclusive of
the day OF service, the Clerk of the
Court shall docket Judgment for the
party fling 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 the relief sought,
with statement of the grounds why
such application should not be grant.
ed, the jurisdiction of the Clerk OF
the Court shall cease, and he shall
refer the application, answer, and any
accompanying papers, to a Commits.
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 from the decision OF
Referee appinted under the Code. II
there be no appeal, the Clerk of the
Court shall docket Judgment accord.
ling 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 the limits of this
State. in lieu of the service required
hv this Act. it shall be sufficient to
publish, in a newspaper of Abheville
County, one months notice of such
application, and, if the absentee's
residence is known, copy of the pa.
per containing the publication shall
he 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 such Judgment or decree.
Sec. Z. The County Commissioners
for Ahbeville County ahall, forthwith,
furnish the Clerk of said Comfy with
book or books of proper size, suita.
bly, rnled and securely hound, to be
labelled "Abstr' ct Of Burnt .Jndg.
n.entr 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 fling Of the decree,
the amount of tho 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 origin..l process, the last pro.
cess issued for the execution Of snch
Judgment, and the costs thereon
And such entries shall, without other
or further record. he good and sniff.
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. SIN 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 hy
which snch lost or destroyed record
or document can he 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 he within the
limits of the State, call upon such re-
spondent to answer, on oath, az to the
former existence Of such record or
other document, and aR to its con.
tents, character and description. and
also as to the amount dre thereon.
And in case such respondent, after at
least ten davs' 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 40 proponnd'
ed. such failure to answer. (unless
satisfactorily explained or accounted
for,) shall be taken and considered as
an admission by such respondent o1
the truth of the facts stated and set
forth in the applicants affidavit: Pro
vidcd, That such admission shall only
affect the party 80 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, 30 attempt.
ed 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 II 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 az ,the parties
on both sides may offer, be>aubmitted
TO the Court: Provided, That no costs
shall be taxed against the respondent
for the interrogatories " hich may be