The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-09-27

SETTLEMENTS AND OTHER PAPERS,
| LosT BY FIRE AT ABBEvILLE.
SECTION 1. BE IL enacted by tho
Senate and House of Representatives of
the State of South Carolina, now met
and sitting in General Assembly, and
by the authority Of the same, That any
party to record, plaintiff, defendant,
assi isnee, or any person having an inter
est in any Judgment, or agricultural lien,
the record of which has been destroyed
by fire at Abboville, on the 18th Janu-
airy and 18th November, 1872, shall
have the right to supply the same in. tho
following manner:
SEC. 2. That the party desiring to
supply such record may, upon notice Of
not less than twenty days, served per-
sonally upon the other parties in inter
est in such record, make application to
the clerk of the Court for leave to substi.
tute new record, which application
shall contain, aS nearly as possible,
statement Of the names of the parties,
the amount of the debt, the entry Of said
Judgment add execution, the names of
the attorneys ofrcoord, With such other
partic ulars as the applicant may deem
proper to his case all which shall be
verified dy the affidavit of tho applicant,
or his or her agent or attorney, accord
ing to the best Of his knowledge, informa-
tion aud belief.
SIC 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 of tho day Of ser.
vice, the clerk of tho Court shall docket
jud, mept Tor the party filing said appli-
cation.
SEc, 4. That If the party or parties,
served with notice as above, fle with
the clerk Of the Court, within twenty
days after such service, excluding the
day of service, an answer to the applica.
tion, denying, upon cath, the applicants
right to the rolicf sought, with state
mont of the gounds why such appl,ca
ton should not be grated, the jursdic
tion of the clerk Of the Court shall cease,
and he shall refer the application
answer, and any accompanying papers,
to n commissioner, for whose appoint
mont provision is hereafter made.
SIC. 5. That said commissioner shall
take, in writing, ali the testimony intro
duced by one or both parties, according
to law shall hear and decide the matter
in controversy, report his decision in
writing, and, with it, returs all the
papers to the Court Of common Pleas.
From the decision of the commissioners
an appeal may be taken to the Court by
the party or parties dissatisfied there
with, as in case of au appeal from the
decision of RcEcree appointed under the
Code. if there be no appeal, the clerk
of the Goart shall docket judgment
according to the report and decision of
the commissioner.
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
lieu of the service required by this Act
it shall be sufficient to publishd, in
newspaper Of Abboville County one
months notice of such application, and,
if the absentee's residence is knowu,
COPY of the paper containing the publ
cation shall be mailed to his or her nd
dress Procned, That nothing herein
contained shall prevcnt 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
Abbeville County shall, forthwith,
furnish the clerk of said County with
look or books of proper size, suitably
ruled and securely bound, to be labelled
"Abstract Of Burnt Judgments and