Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-10-02
OEANGEBURG. SOUTH lGAROIH

THE Loss OF PUBIC RECoRDs, AND
TO Il PEnpETuATE TEsrIMoaY ;IN
REGARD Ito i DEEDS, MoRrdAdEss
= SETTLEMENTS AND OTHER PArERs.
Losr BY FIRE irADDEv1LIE.
~. ti'tlS so - s's9 ,i5 6l}9Il>tj;J ifSoEtsss
5iiSEoTIoN 1. Be- IL enacted by the
Senate and House of Representativessof
the State of South Carolina, now met
and sitting in General Assembly ,5auds
by the authority ofthe same, That any
party to record, plai intiff, !. defendants
assignee, or any person having an inter
est in any Judgment, or agricultural lien, &,
the record of which has been destroyed
by; fire ut Abbeyille, on the I 9th Janns
ary and 17th@ November, 1872, shall
have the right to supply the same in the
following manner: D, e
Sec. 2. That the party desiring To- To-
supply such record may, upon notieesofs
not less than twonty days, served dpar-
sonally upon the other parties in inter
est in such record, make. application TO 3
tho clerk Of the Court for leave to substisl
tuteT new record, whichapplications
shall contain, as nearly as possible, q 1
statement Of the names of the parties,
the amount of'the debt, tho entry ofsaid
judgment add execution, the names Of
the attorneys ofrecord, with such other,
partic ulars as the applicant may deem
proper to his cease all which shall be-
|. verified .dy the affidavit oftlie applicant.
or his or her agent or attorney, accord 81
ing to the best Of his knowledge, informa-
tion and belief
SEQ, 3. That upon failure Of the party
OF parties, served as aforesaid, to answer
such application, in writing, to be fileds
in the clerks Office within twenty days
thereafter, exclusive of the day oftsersz
vice, tho clerk. of the Court shall dockets
JUDI ment for the party fling said apn
I est;uli. -
SEC. 4. That if the party or parties,
: served with notice as above. ile With,
tho clerk of the Court, within twenty
days after such service, excluding the
day Of service, an answer to the applica-
ton, denying, upon oath, the applloantss 6
right to tue relief sought, with a state
mont of the gonnds why suchiapplica.
l tion should not be granted, tho ,jurisdic.
tion Of tho clerk of the Court shall cease,
and he shall refer the application,
answer, and any accompanying papers,
to commissio ner, for whose appoint:
mcnt provision is,herearter made.
Sec. 5. That said commissioners shall !
take, in writing, all the testimony intro
ducedfby one or both parties, according
TO Jaw shall hear and dccide+the matter
in controversy, report his decision in
writings and, with it, return all the
papers tosthe Court Of common Pleas
From the decision of tho commissioner
an appeal may be taken to the Court by
the party or parties Dissatisfied there
with, as in case of an appeal from the
decision Of Referee appointed under the
Code. IF thcro be no appeal, the clerk
Of the Court. shall docket Judgment
according to the report and decision OF
the commissioner. - I
SEC. 6. In every case in which the !
defendant or defendants in any burned
judgment or decree shall be absent from
and without the limits Of this State, in 4
lieu of the service required by this Act
it shall be sufficient to publishd, in a
newspaper of Abbevillc County one
months notice of such application, and,
if the abscntee's residence is known, a
copy of the paper containing the publ
cation shall bo mailed to his or her ad
dress Prouiactl, That nothing herein
contained shall prevent such absent
defendant or defendants, within two
years after.thc, publication Of the notice
in this Section provided, from moving
the Court, upon a proper showing, to set
aside such Judgment or decree. Sts'
SEQ 2. The County commissioners for /
Abhoxklla fCountv sho1I inrfk with