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


SEC. 13. Any number Of persons, who
have actually performed labor, or furnished
labor or materials on one or more buildings
or structures upon different lots of land,
where the labor was performed for the
same owner contractor, or other person,
may join in the same petition for their re-
spective liens, and the same proceeding
shall bo had in regard to the rights of each
petitioner, and the respondent may defend
as to each petitioner in the same manner as
if he had severally petitioned for his indi-
vidual lien.
SEC. IA. The Court in which the petition
is entered, shall order notice to be given to
the owner of the building or structure that
he may appear and answer thereto ut GER
tain day in the same term, or at the next
term, by serving him with an attested copy
of the petition, with the order of the Court
thereon, fourteen days. ut least, before the
time assigned for the hearing; and the Court
shall also order notice of the filing of the
petition to be given to all other creditors
who have lien of the same kind upon the
same estate, by serving them with q copy of
the last mentioned order in like manner.
SEC. 15 If it appears to the Court that
any of the parties entitled 10 notice, are alb
sent or that they cannot probably be found
to be served with the notice, the Court may,
instead of the personal notice before men
toned, or in addition thereto, order notice
to all persons interested, by publishing in
some newspaper the substance of the peti-
ton, with the order of the Court thereon,
assigning the time and place for hearing,
or may order such other notice to be given,
as may, under the circumstances of the case,
be considered most proper and effectual
SEC. 16. If, ut the time assigned for the
hearing, it appears to the Court that any of
the persons interested had not had sufficient
notice of the suit, the Court may order fur
ther notice to them. in such manner as may
be considered most proper and effectual.
SEC. II. AT the time assigned for the
hearing, or within snch further time as the
Court allows for that p lrpose. every credi-
tor having lien of the kind before men
toned upon the same property, may appear
and prove his claim, and the owner and each
OF tho creditors may contest the several
claims of every other creditor, and the
Court shall hear and determine them in q
summary manner. either with or without s
jury, as the case may require
SEC. IL. Every material question of fact
arising in the case, shall be submitted to O
jury, if required by either party, or thought
proper by the Court; and the trial shall be
had on question stated, or an issue fra ned,
or otherwise, as the Court may order A
Jury shall be had before a Justice of the
Peace, only as in other civil cases.
Sec. 10. The Court shall ascertain and
determine the amount due to each creditor,
who has lien of the kind before mentioned
upon the property in question; and every
such claim due absolutely and without any
condition, although not then payable, shall
be allowed, with rebate of interest to the
time when it would become payable.
SEC. 20. When the owner fails to perform
his part of the contract, and by reason
thereof, the other party, without his own
default, is prevented from completely per-
forming his part, he shall be entitled to a
reasonable compensation for as much as he
has performed, in proportion to the price
stipulated for the whole, and the Court
shall adjust his claim accordingly
SEC. 2l Ii the lien is established in favor
OF any of the creditors whose claims are
presented, the Court shall order sale of the
property to be made by any officer autho-
rlZed to serve vilprocess between the same
parties.
SEC. %. If part of the property can be
separated from the residue and sold without
damage to the whole, and if the value there
OF is sufficient to satisfy all debts proved in
the case, the Court may order a sale of that
part, if it appears to be most for the inte-
rest of all parties concerned.
SEC. 23. The officer who makes the sale
shall give notice Of the time and place, iu
the manner prescribed in relation to the
sale on execution on right of redeelning
mortgaged lands, unless the Court orders a
different notice to be given
SEC. "a. Any interest in real estate so
sold, may be redeemed in the manner pro
vided in the case of sale on execution, OF
the right of redeeming mortgaged landa
SEC. 20. Ii all the claims against the pro-
perty covered by the lien are ascertained at
the time OF ordering the sale, the Court may
order the officer to pay over and distribute
the proceeds of the sale, after deducting all
the several creditors, to the amount of their
respective debts, if there is sufficient there
for; and if there is not sufficient, then to
| divide and distribute the same among the