The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-04-07
[OFFICIAL.1

Grant, Union; Julius Poppe. Anderson @. n.
[OFFICIALl
Acts Passed by the State Legislature.
An Act to propide lien on buildings and
lands to parties furnishing labor and mate
1-iuls thereon.
SECTION l. Be ii enacted 6y the Senate and
House Of Representatives ofthe State of South
Carolina, aao1o met and sitting in General As-
sembly, and By the authority Of tie same, That
anytperson to whom debt is due for labor
performed or furnished, or for materials
furnished and actually used in the erection,
alteration or repair of any building or
structure upon real estate, by virtue of an
agreement with or by consent of the owner
of such building or structure, or any person
having authority from or rightfully acting
for such owner in procuring or furnishing
such labor or materials, shall have a lien
upon such building or structure, and upon
the interest of the owner thereof in the lot
of land upon which the same is situated to
secure the payment of the debt SO due to
him, and the costs which may arise in en-
forcing such lien under this Act-exccpt as
provided in the following sections
SEoo2. Such lien for materials furnished
shall not attach unless the person furnishing
the same, before so doing, gives notice to
the owner of the property to be affected by
the lien, il such owner is not the purchaser,
SEQ. 3. Such lien shall not avail or be of
force against any mortgage actually existing
and duly recorded prior to the date Of the
contract under which the lien is claimed
Sec. 4. The owner of any such building
or structure in process of erection or being
altered or repaired, other than the party by
whom or in whose behalf contract for
labor end materials has been made, may
prevent the attaching of any lien for labor
thereon not at the time performed or mate
rails not then furnished, by giving notice in
writing to the person performing or furnish
ing such labor or furnishing such materials,
that he will not be responsible therefor.
SEC. 8. Such lien shall be dissolved unless
the person desiring to avail himself thereof,
within thirty days after he ceases to labor
on, or furnish labor or materials for such
building or structure, files in the Office of
the Clerk Of the Court of Common Pleas of
the County in which the same is situated, q
statement of just and true account of the
amount due him, with oil just, credits given,
together with description of the property
intended to be covered by the lien, suf.
fclently, accurate for Identification, with
the name of the owner or owners of the
property If known; which certificate shall
be subscribed and sworn to by the person
claiming the lien, or by some one in his be-
half; and shall be recorded in q book kept
for the purpose by the CLERK, who shall be
entitled to the same fees therefor as for re-
cording mortgages of equal length.
SEQ 6. No inaccuracy in such statement,
relating to the property to be covered by
the lien. If the property can be reasonably
recognized, or in stating the amount due for
labor>or materials, shall invalidate the pro-
ceedings, unless it appears the person filing
the certificate has wilfully and knowingly
claimed more than is his due.
SBciI7. Unless suit for enforcing the
lien is commenced within ninety days after
the person desiring to avail himself thereof
ceases to labor on, or furnish labor or ma
teriai9for such building or structures, the
lien shall be dissolved. O..
SRo.o 3. The lien may be enforced by petit
ton to the Court of Common Pleas in the
County where the building or structure is
situated. The petition may be filed in term
or IN the Clerks office in vacation, and the
date of the filing shall be deemed the com
mencement Of the suit. ...l,
SEQ 8. When the amount of claim does
not exceed one hundred dollars the lien
may be enforced by petition to Justice
OF the Peace; and such Justice shall have
like power and authority within their iuris-
dictlon as herein conferred upon the Courts
OF Common Pleas, with like rights of appeal
to the parties as exist in other civil cases.
SEQ. 10. The petition may be inserted in
writ of original, summons and be served.
returned and entered as other civil cases.
SEC. IL. Whether filed as petition or
inserted IN such summons, the petition shall
contain brief statement of the contract
on which it Is founded, and of the amount
due thereon, with description of the pre-
misses subject to the lien, and oil other mn
terial facts and circumstances; and shall pray
that the premises may be sold, and the pro-