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


SEQ IS. IF 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 pro.
ceeds Of the sale, after deducting all Lawful
charges and expenses, to and among the sew
tive debts, if there is sufH ,ent 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.
SEQ. &C. II all the claims are not ascertained
when the sale is ordered, or If for any other
reason the court finds it necessary or proper to
postpone tho order Of distribution, il may di-
rect the officer to bring the proceeds Of the
sale into court. there to be disposed OF accord
ing to the decree OF the court; and if by reason
OF the claims of attaching creditors, or for any
other cause, the whole cannot be conveniently
distributed at once the cour6 may make two
or more successive orders OF distribution, as
the circumstances may require.
SEQ. ~. II there is any surplus Of the pro-
ceeds VI the sale after making all tho pay
men before mentioned, it shall be forthwith
such surplus, before 1t is SO paid over, shall be
liable to be attached or taken on execution, in
like manner as if it proceeded from a sale
m ade by the officer on an sxsecution.
Sec. 28. IF the interest OF the owner in the
building, structure land, il under attach
ment at the time Of fling and recording the
statement of the accounts the attaching credi-
tor shall be preferred to the extent of the value
the statement was recorded; aud The court
shall ascertain by jury br otherwise, as the
case may require. what proportion OF tue pro-
ceeds OF the sale. shall be held subject to the
attachment as derived from the value of the
property when the statement vas recorded.
Sec. 20. If the attaching creditor RECEIVERS
Judgment, he shall be entitled to receive on
his execution the proportion of the proceeds
held subject to his attachment, or as much
thereof as may oe necessary to satisfy his ex-
ecution, and the residue or the proceeds shall
be applied in the same manner as il there had
been no snch attachments.
SEQ. 80. If the interest OF the owner OF the
property is attached after the recording of the
statement, the proceeds. after dischargine all
prior liens and claims. shall be applied to sat
isfy the execution Of such attaching creditor.
SEQ. 81. II an attachment is made after the
recording OF such statement, and if after the
attachment another like statement ls recorded.
the creditor in the latter statement shall be-
entitled to be paid only out Of the residue Of
is due on the demands, q statement Of which
is recorded before the attachment, and salts
tying the attaching creditor.
SEQ. S3 When there are several attaching
creditors, they shall, as between themselves
be entitled to be paid according to the order OF
their attachments, but wHsn several creditors
wi are entitled to the lien provided for in this
act, have equal rights as between themselves,
al ana tne Iund Is lnsumclent TO pay the whole,
they shall share it equally in proportion to
their respective debts.
SEQ. 49, If the person FOR whom the work is
done or materials are furnished has an estate
pie in the. land. or if the property at the time
or recording the statement is mortgaged or
under any other in .umbrance, the lien before
provided for shall bind his whole estate and
interest ,.;1 therein in hke&manner as q mort
cause the night Of redemption. or whatever
other right or estate tho owner had in the
property, to be sold ana applied to the dis.
charge OF his debt according to the provisions
OF this act.
Sec. "a. f tho person indebted dies or oon-
veys his estate or interest before the com.
mencement Of q suit n the contract, the suit
may be commenced and prosecuted against his
wh,oh he had IN the premises at the time the
ed. or if . sds ssSommenced in his life tlmo, 1t
iisssirs and assigns in like msnner
az II ttp estate or ranterSgt had been mortgaged
to secure the debt.
SEC. IS. II the creditor dies before the COM
mencement Of the suit, the suit may be COM
menced and prosecuted by his executors and
administrators, or II commenced in his life
time it may be prosecuted by them as it might
have been by the deceased If living.
SEC. 96. 1t it appears in anv stage Of the
proceedings that the suit was commenced by
the petitloning creditor before his right OF ac-
ton accrued. 0r after 1t was barred or il he be-
come non-suit, or fails to establish his claim.
suit may be prosecuted by any o,her creditor
having such lien, in the same manuee as if it
had been or ginnllv commenced by him, If the
circumstances OF the case arr such that he
mi hit then, or at any time after the commence
ment of the original suit, havs commenced O.
like suit on his own c aim.
SEQ. 81. II ths suit is commenced by the pe-
tionlng creditor before his right Of action ac-
crues, his CLAIM may nevertheless be allowed,
IL the suit ls carried on by any other creditor,
as provided in the preceding section; but he
1l,.n, 1DA av,krk 1nI -
he may be required to pay the costs incurred
by the debtor, or euch part thereof as the
court may deem reasonable.
SEQ. SO. Tue costs 10 eli other respects shall
be subject to the discretion of the court, and
shall be paid from the proceeds OF the sale or
by any Of the partles to thu suit, as justice and
Bno. 50. Nothing contained in this act shall
tract from maintaining an action thereon at
the common law in like manner as If he had no
such lien for the security of his debt.
SEQ. 40. When debt secured by such lien
the debtor. shall enter on the margin .f the
registry where the statement is recorded. q
discharge Of his lien. or shall execute q release
thereof, which NAV be recorded where the
statement is recorded.
SRo. Al. All the regulations concerning the
end rsement OF original writs shall apply TO
the endorsement Of petitions fled under this
act. ~
pressed or implied with the owners OF q ship
or vessel. or with the agents. contractors or
sub.contractors Of such owners, or any of
them or with any person having been employ
ed to contract, repair or launch such ship or
vessel, or to assist them, m oney is due to any
person for labor perform cd, materials used, or
labor and materials furnished in the construc-
ton, launching, repairs OF. or for constructing
the ways for, or for provisions, stores or other
articles furnished for, or on account OF, such
ship or vessel in this State. such person shall
have lien upon tho ship or vessel, her tackle
and IN Diture. to secure the payment Of such
thereon, except Mariners wages, and shall con-
tinue until the debt ls satisted.
SRc 4S. Such lien shall be dissolved unless
the pe rson claiming the name fled. within { ,ur
days from the time the ship or vessel depart