The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-04-15

perty covered by the lien are ascertained at the
| time of ordering the sale, the court may order
the officer to pay over md distribute the pro-
ceeds OF the sale, after deductiDg all lawful
charges and expenses, to and among the sew
| eral creditors, to the amount Of their respec-
| tive debts, if there is suf6 3lent therefor; and
if there is not sufficient then to divide and dis
| tribute the same among the creditors in pro-
portion to the amount due to each of them.
SEC. 26. If all the claims ere not ascertained
when the sale is ordered, or If for any other
reason the court finds it necessary or proper to
postpone the order Of distribution, it may di-
rect the officer to bring the proceeds of the
sale into court there to be disposed OF accord
| inc to the decree of the court; and ii by reason
of the claims of attac hing creditors, or for any
other cause, the whole cannot be conveniently
distributed at once, the court may make two
| or more successive orders OF distribution, as
| the circumstances may require.
| SEC. 81. IF there is any surplus Of the pro-
ceeds Uf the sale after making all the pay
men before mentioned, it shall be forthwith
paid over 10 the owner of the property; but
such surplus, before it is 80 paid over, shall be
| liable to be attached or taken on execution, in
like manner as if it proceeded from q sale
made bv the officer on an execution.
SEC. 29. If the interest OF the owner lp the
building. structure or land, is under attach
ment at the time Of fling and recording the
statement of the account. the attaching credi-
tor shall be preferred to the extent of the value
of the buildings and land as they were when
! the statement was recorded; aud he court
shall ascertain, by o jury or Otherwise, as the
case may require. what proportion Of tue pro-
ceeds of The sale ehall be held subject to the
attachment as derived from the value of the
property when the statement was recorded.
SEQ. 29. IF the attaching creditor RECEIVERS
Judgment no shall be entitled to receive on
his execution the proportion Of the proceeds
held subject to his attachment. or as much
thereof as may be necessary to satisfy his e9-
ecution and the residue OF the proceeds shall
| bo applied in the same manner as il there had
been no snch attachment
SEC. 80. II the interest of the ow1er Of tho
property is attached after the recording OF the
statement, the proceeds. after discharging all
prior liens and claims, shall be applied to sat
isfy the execution Of such attaching creditor.
SEQ. 81. IL an attachment ls made after The
recording OF such statement, and if after tho
attacnment another like statement IS recorded,
the creditor in the latter statement shall be
entitled TO be paid only out OF the residue Of
the proceeds remaining, after paying oil that
is due on the Demands statement OF which
is recorded before the attachment, and salts
fying the attaching creditor.
SEC 49, When there are several attaching
creditors, they shall, as between themselves,
! be entitled to be paid according to the order Of
their attachments, but when several creditors,
wi arc entitled to the lien provided for IN this
act, have equal rights as between themselves,
and the fund is insufficient to pay the whole,
they shall share it equally in proportion to
their respective debts.
SEC. 9S, If the person for whom the work is
done or materials are furnished has an estate
for life or any other estate less than fee SIM
ple in the land or If the property at the time
| OF rccorning The statement is mortgaged or
under any other incumbrance, the lien before
| provided for shall bind his whole estate and
| interest therein in like manner as mort
gage would have done and the creditor may
| cause the right of redemption, or whatever
| other right or estate tbe owner had in the
property. to be sold and applied. to the dis.
oharge Of his debt according to the provisions
| OF tins act.
SEC. 81. # the person indebted dies or oon-
veys his estate or interest before the COM
mencelnent OF a suit en- tho contract, the snit
may be sonmenoed and prosecuted against his
hers or Whoever holds the estate or interest
| whIch he had IN the premises at the time tue
labor or materials wore performed or furnish
cd, or il q su It's commenced in his life time, II
may bo prosecuted against his executors, ad-
mlnisrators. heirs and assrrns in like mauner
as If tho estate or interest had been mortGaged
to secure he debt.
SEC. S5. II the creditor dies before the COM
mence,nent Of tho suit. tho suit may be c1m-
mepced and prosecuted by his executors and
administrators, or If commenced in his hfe-
time it may be prosecuted by them as 1t might
have been by the deceased If living.
SEQ 36. 1t it appears In anv stage OF the
nrocee,l,ues that the suit was commenced by
the petitloning creditor before his right OF &C.
tion accrued or after it was barred. or il he be-
cono non-suit, or fails to establish his claim.
suit NAV be prosecuted by any o;her creditor
having such lien, in the same manner as il 1t
had been or ginalv commenced by him, if the
circumstances OF the case are such that he
mi bit then, or ut any time after the commence
meut of the original suit, havs commenced. q
like suit on his own C aim.
SEQ. 81. II tbs suit is commenced by the pc
tionlne creditor before his right Of action ac-
crues. his ca IN may nevertheless be allowed,
if the suit ls carried on by any other creditor,
as provided in the preceding section; but he
shall not, in any case, be entitled to costs. and
he NAV be required to pay the costs incurred
by the debtor, or sueh part thereof as the
court may deem reasonable.
SEC. SS. The costs iu all other respects shall
BIZ subject to the discretion Of the court, and
shall be paid from the proceeds of the sale or
by any OF the parties to thu suit as justice and
equity require.
SK6. SO. Nothing contained in this act shalt
be construed to prevent creditor IN such con-
tract from maintaining an action thereon at
| thc common law in like manner as if he had no
sucL lien for the security Of his debt.
SEQ. 40. When debt secured by such lien
is fully paid, the creditor, OF the expense of
the debtor, shall enter on the margin the
registry where the statement is recorded, a
discharge of his lien, or shall execute release
thereof. which NAV be recorded where the
statement is recorded.
SEC. Al. All the regulations concerning the
end rsemeut of original writs shall apply 10
the endorsement OF petitions filed under this
act.
SEC. "A. When. by virtue OF contract, ex-
pressed or implied with the owners OF ship
or vessel, or with the agents, contractors or
snb contractors Of such owners, or any of
them. or with any person having been employ
ed to contract, repair or lauoch @ :, such & ship or or
ners m Tor labor perforr cd, materials used or
labor and materials furnished in the construc-
ton, launching, repairs Of or or for constructing
the ways for, or for provisions, stores or other
articles furnished for, or on account OF, sucl
sup or vess;l in this State. such person shall
have lien upon the ship or vessel, her tackle
and III -ulture to secure the payment OF such
,or .,;,o n ha Drafarrpl n all 0thcra