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

cause, the whole cannot be conveniently
distributed ut once, the Court may make
two or more successive orders of distribu-
ton, as the circumstances may require
| Sec 27. If there is any surplus of the
proceeds of the sale after making all the
payments before mentioned, it shall be
forthwith paid over to the owner Of the pro-
perty, 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 pro-
ceeded from n sale made by the officer on an
execution.
Sec. %. If the interest of the owner in
the building, structure or land is under at
tachment at the time of filing and record
ing the statement of the account, tho
attaching creditor shall be preferred to the
extent Of the value Of the buildings and
land as they were when the statement was
recorded; and the Court shall ascertain by
jury or otherwise, rs she case may require,
what proportion of the proceeds of the sale
shall be held subject to the attachment as
derived from the value of tho property when
the statement was recorded.
Sec. %. If the attaching creditor RECEIVERS
Judgment, he shall be entitled to receive on
his execution the proportion of the pro-
ceeds held subject to his attachment, or as
much thereof as may be necessary to satis-
fly his execution, and the residue of the
proceeds shall be applied in the same man.
ner a. if there had been no such attach
ment.
SEC. 30 If the interest of the owner of
the property is attached after the recording
of the statement, the proceeds, after dis
charging all prior liens and claims, shall
be applied to satisfy the execution of such
attaching creditor.
Sec. 81. If an attachment is made after
the recording of such statement, and if after
the attachment another like statement is re-
corded, the creditor in the latter statement
shall be entitled to be paid only out of the
residue of the proceeds remaining, after pay
ing oil that is due on the demands, state
ment of which is recorded before the attach
ment, and satisfying the attaching creditor
SEC. 81. When there are several attach
ing creditors, they SHALL as between them
selves, be entitled to be paid according to
the order of their attachments, but when
several creditors, who are 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 re-
spective debts.
Sec. 33. 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 simple in the land, or if the property
at the time of recording 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 mortgage would have done,
and the creditor may cause the right of re-
demption, or whatever other right or estate
the owner had in the property ITO be sold
and applied to the discharge of his debt ac-
cording to the provisions of this Act
SEQ. "a. If the parson indebted dies or
conveys away his estate or interest before
the commencement of suit on the con-
tract, the suit may be commenced and pro-
secuted against his heirs, or whoever holds
the estate or interest which he had in the
premises at the time the labor or materials
were performed or furnished; or if q suit is
commenced in his lifetime, it may be prose-
cuted against his executors, administrators,
heirs and assigns in like manner as if the
estate or interest had been mortgaged to
secure the debt.
| SEC. 3d. If the creditor dies before the
commencement of the suit, the suit may be
commenced and prosecuted by his execu-
tors and administrators; or if commenced in
his lifetime, it may be prosecuted by them
as it might have been by the deceased if
living
SEC. 3G. IF it appears in any stage of the
proceedings that the suit was commenced
by the petitioning creditor before his right
of action accrued, or after it was barred, or
II he become non-suit or fails to establish
his claim, suit may be prosecuted by any
other creditor having such lien, in the same
manner as if it had been originally COM
mcnced by him, if the circumstances of the
: case are such that he might then, or ut any
time after the commencement of the orig-
nal suit, have commenced like suit on his
own claim
/ SEC. 81. If the suit is commenced by the
petitioning creditor before his right of
action accrues, his claim may nevertheless
be allowed, 1t the suit is carried on by any
other creditor, rs provided in the preceding
Section; but he shall not, in any case, be
entitled to costs, and he may be required to
pay the costs incurrel by the dehtnr OR