The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-04-07


pense Of the debtor. shall enter on the mar
gin of the registry, where the statement is
recorded, discharge of his lien, or shall
execute release thereof, which may be re-
corded where the statement is recorded.
SEC. Al. All the regulations concerning
the endorsement of original writs shall
apply to the endorsement of petitions filed
under this Act
SEC. A. When, by virtue of contract, ex-
pressed or implied with the owners of n ship
or vessel, or with the agents, contractors, or
sub-contractors Of such owners, or any of
them, or with any person having been en-
ployed to contract, repair or launch such
ship or vessel, or to assist them, money is
due to any person for labor performed, ma
terials used or labor and materials furnished
in the construction. launching, repairs of,
or for constructing the launching ways for,
or for provisions, stores or other articles
furnished for, or on account of, such ship
or vessel in this State, such person shall
have lien upon the ship or vessel. her
tackle and furniture, to secure the payment
of such debt; which lien shall be preferred
to all others thereon, except mariners
wages, and shall continue until the debt is
satisfied.
Sec. 43. Such lien shall be dissolved
unless the person claiming the same filed,
within four days from the time the ship or
vessel departed from the port at which she
was when the debt was contracted, in the
office OF the Clerk of the Court of Common
Pleas of the County in which the ship or
vessel was at the time the debt was con-
tracted, statement, subscribed and sworn
to by himself, or by some person in his be-
half, giving just and true account of the
demand claimed to be due to him, with all
just credits. and also the name of the per-
son with whom the contract was made, the
name of the owner of the ship or vessel, if
known, and the name of the ship or vessel,
or description thereof, sufficient for iden-
tification; which statement shall be recorded
by said Clerk of the Court of Common
Pleas, in book to be kept by him for that
purpose, for which he shall receive the same
fees as for recording other papers of equal
ls9ssn' sno i. If the ship or vessel is partly
constructed in one place and partly in an
other, either place shall be deemed the port
ut which she was when ihe debt was con-
tracted, within the meaning of this Act; and
no inaccuracy in the description of the ship
or vessel, If she can be recognized thereby,
or IN stating the amount due for labor or
materials, shall invalidate the proceedings,
unless it appears that the person filing the
certificate, has knowingly and wilfully
claimed more than his due.
Sec. 45. Such lien may be enforced by
petition to the Court of Common Pleas for
the County where the vessel was at the time
the debt was contracted, or in which she is
ut thu time of instituting proceedings. The
petition may be entered in Court, or filed in
the Clerks Office in vacation, or may be in
serted in writ of original summons with an
order of attachment, and served, returned
and entered as other civil actions, and the
subsequent proceedings for enforcing the
lien shall, except as hereinafter provided, be
as prescribed for enforcing liens on build
lngs and lands, SO far as the same are appli-
cable. At the time of entering or filing the
petition, q process of attachment against
such ship or vessel, her tackle, apparel and
furniture, shall issue and continue in force,
or may be dissolved, like attachments in
civil cases, but such dissolution shall not
dissolve the lien.
Sec. 46. The petition shall contain brief
statement ofHthe labor, materials, or work
done or furnished, or the stores, provisions
or other articles furnished, and the amount
due therefor, with n description of the ship
or vessel subject to the lien, and all other
material facts and circumstances, and shall
pray that the ship or vessel may be sold and
the proceeds of the sale applied to the dis
charge Of the demand
SEC. AZ. The Court may, at any time. al
low either party to amend his plcadings, as
In actions ut common law
SEC. 19. Any number of persons having
such liens upon the same ship or vessel, may
join in the same petition to enforce the
same; and the same proceedings shall be had
i'll regard to the respective rights of each
petition, and the respondent may defend rs
to each petitioner in the same manner as ii
they had severally petitioned for their indi-
vidual liens.
SEC. 40. When there is money due to more
than one person holding lien upon ship
or vessel, under the provisions of this Act,
all parties interested, having been cited to
appear and answer, the claims of all shall
be marshalled, and the Court shall make
such order or decree as may be necessary to
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