The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-04-15
ACTS OF TIE LEGISLATURES.
Official.

| Omclals
AN Aor TO PROVIDE LIEN ON BUILDINGS AND
LANDS TO PARTIES FURNISHING LABOR AND
| Y-ATERIALs THEREON.
SECTION 1. Be u endcted by the Senate and
House of Representatives of the State OF South
Carolina, now met and sitting in General AS
sembly, and by the authority of the same,
That any porson To whom q debt is due for
labor performed or furnished, or for materials
furnished and -ctualIv used in erection, alter
alton or repair otany building or structure upon
| real estate, by virtue of an agreement with or
by consent of the owner OF such building or
structure, OF any person having authority
in procuring OF furnishing such labor or
materials, shall have q lien upon such
building or structure, and upon the inter
est 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 enforcing such lien
under this act-e1cept as provided in the fol-
lowing sections:
SEC. Q. Such lien for materials furnished
shall not attach unless the person furnishing
the same, before so doing, gives notice to the
owIer of the property 10 be affected by the
lier, il such owner is not the purchaser, that
he intends to claim such lien.
SEC. 8. Such lien shall not avail or be oil
force against any mortgage actually existing
and daily recorded prior tO the date OF the con-
tract undor which The lien Is claimed.
| SEQ. 4. The owner OF any such building or
structure in process of erection, or being alter
ed or repaired, other than the party by whom
or in whose behalf contract for ,bor and ma
terials has been mqd,, may prevent the attach
ing of any lien for labor thereon not at the time
performed, or mat erials not then furnished, by
giving notice in writing TO the person perform
| ing or furnishing such labor or furnishing
such materials, that he will not be responsible
! therefor.
SEC. 5. Such lien shall be dissolved unless
the person desiring to avail bimselt Thereon,
within thirty days after he ceases to labor on,
or furnish labor or materials for such building
or structure, files 10 the Office of the Clerk OF
the Court of Common Pleas OF the county in
| which the same is situated a statement OF .
| lust and true account of the amount duo him,
with all just credits given, together with de-
scription Of the property intended to be COW
tlfication, with the name OF the owner or own.
ers Of the property U known; which certificate
shall be subscribed and sworn to by the person
| claiming the lien, or by come one In his be-
half; and shall be recorded in the book kept for
the purpose by the clerk, who shall be entitled
to the same fees therefor as for recording morl-
cages Of equal length.
SEC. 6. No inaccuracy in such statement, re-
lating to the property to be covered BY the
lien. il the property can be reasonably recog-
.nized, or in stating the amount due for labor
or materials. shall inyaldate the proceedings,
unless it appears the person fling the certlh-
cate has wiltully and knowingly claimed more
than is his due.
SEC, 7. Uness suit for enforcing the lien is
commenced within uiuety days after the per-
son desiring to avail b msef thereof ceases to
| labor on, or furnish labor or material for such
building or structures, the lion shall be dis
| solved.
SEC. 8. The lieu may be enforced by petition
| 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 commencement OF
the suit.
SEC. Q. When tho amount Of claim does not
exceed one hundred dollars, the lien may be
forced by a petition to Justice of the Peace;
and such Justice shall have like power. and
AUTHORITY within thelr jurisdiction rs herein
conferred upon the Courts OF Common Pleas,
with like rights of appeal to tho parties as OK
,st in other civil Cases.
SEC. 10. he rcttion may bo inserted in q
writ of or. ginal summons ana @ DC served reeurn-
SEQ. II. Whether filed as petition or in
serted IN such summons, the petition shall
| contain brief statement or the contract on
which 1t is founded, and OF the amount due
| thereol, with q description OF the premises
subject to the hen, and oil other material facts
| and circumstances, and shall pray that the
premises may be sold, and the proceeds OF the
sale be applied TO the discharge OF the demand.
| SEQ H. Tue court may, at any tinae, allow
either party to amend HE pleadInge, as IN &C.
| tions at common law.
SEC. IS. ANY number of persons, who have
actually performed labor, or furnished labor or
| materials on one or more buildings or siruc-
lures upon different lots Of land, where the Ia
bor was performed for the same owner, con-
tractor, or other person, may join IN the same
petition for their respective liens, and the same
proceedings shall be had in regard to the
rights Of each petitioner, and the respondent
may defend as to each petitioner IN the same
manner as il he had severally petitioned for
his individual lien.
SEC. A. The court in which the petition is
entered shall order notice to be given to tho
owner of the building or structure, that he
NAV appear and answer thereto at o certain
| day in the same term, or at the next term, by
| serving him with ON attested copy OF the petl-
tion, with the order OF the court thereon,
fourteen days, at least, before the time as
signed for the h airing; aud the court shall also
order notice Of the FLING Of the petition to be
gwen to all otrer creditors whb have lien OF
| the same kind upon the same estate, by sery-
ing them with a copy OF the last mentioned or
der in like manner.
SEC. Is. II it appears to the court that any
l
that they cannot probably be found to be served
{ with the notice, the court may. instead OF the
personal notice before mentioned, OF IN addl
tlon thereto, order notice to all persons inter-
ested by publishing in some new spsper the
substance OF the petition, with the order OF the
court thereon. assigning the time and place for
nearing, or may order such other notice TO
be given, as may, under the circumstances OF
the case, bo considered most proper and ef-
| fectual.
SEC. l6. If, at the time assigned for the
bearing, 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 etfcc ual.
SEC. II. At the time assigned for the hear
] ing, or within such further time as the court
allows tor that purpose. every creditor having
4 lien OF the kind b. fore mentioned uoon the
same property may appear and prove his
| claim, and the owner and each OF the creditors
may contest the several claims Of every other
creditor; and the court shall hear and deter
| mine them In q summary manner, either with
| or without jury, as the CO: G may require.
| SEC. 49, 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 framed, or
otherwise, as the court may order. a jury
shall be had before Justice OF the Peace, only
as 10 other civil casee.
SEQ. I9. The court shall ascertain and de-
! terInine the amount due to each creditor, Who
has lein of the klud before mentioned upon