The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-04-15
ACTS OF THE LEGLsLATURE.
ORcial.

| SECTION l. 156 enGOed Dy 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
Ihat any person to whom debt is due fol
| labor performed or furnished, or for ma teriais
furnished and actually used in erection, alter
alton or repair OF any building or structure upon
real estate, by virtue Of an agreement with or
by consent OF the owner OF such building OF
from or rightfuly acting for such owner
in procuring or furnishing, such labor OF
materials shall have a, lien upon such
est Of the owner thereof in the lot OF land
| upon which the same is situated, to secure the
payment of he debt so due to HIM, and the
costs which may arise in enforcing such lien
under this act-except as provided in the fol-
| lowing sections
SEQ. 2. Such lien for materials furnish ed
/ shall not attach unless the person furnl shing
owner of the property to be affected by the
lien. il such owner is not the purchaser, that
| he intends to claim such lien.
| SEQ. 8. Such lien shall not avail or be OF
torce against any mortgage actually existing
and daily recorded prior to the date Of the con-
| tract under 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 chan the party by whom
or in whose behalf q contract for ,bor and ma
| terials has been madS may prevent the attach
ing OF any lien for labor thereon not at the time
| performed or materials 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.
| SEQ. s. Such lien shall be dissolved unless
| the person desiring to avail himself thereof
within thirty days after he ceases to labor on
or furnish labor or materials for such building
or structure, files in the Office Of the Clerk Of
| the Court Of Common Pleas of the county in
which the same is situated, statement Of a
just and true account Of the amount duo him.
with all just credits given, together with de-
nf fh0 ;-ko IA -
cred by the lien, sufficiently accurate for iden-
tlication, with the name of the owner or own
ers OF the property " 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 mort
cages of equal length.
SEQ. 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 invalidate the proceedings,
unless it appears the person fling the certifi-
cate has wiltulIy and Knowingly claimed more
than is his due.
Sec. 2. Uness suit for enforcing the lien is
commenced within ninety days after the per-
son desiring to avail b .mseK thereof ceases to
labor on, or furnish labor or material for such
building or structures, the lien shall be dis
solved.
SEQ. 8. The lien 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 tile
filing shall be deemed the commencement of
the suit
SEQ. 9. When the amount of claim does not
exceed one hundred dollars, the lien may be
forced by petition to Justice of the Peace:
and such justice shall have like power aud
authority within their Jurisdiction as herein
conferred upon the Courts Of Common Pleas,
with like rights Of appeal to tho, parties as ex-
lst IN other civil Cases. ~
SEQ, 10. ! he petition may be inserted in q
writ Of or sinal aummons and be served return
ed and entered as other civil cases.
SEQ. II. Whether filed as 8 petition or in
serted in such summons, the petition shall
contain q brief statement Of the contract on
which it is founded, and of the amount due
thereon, with o description OF the premises
subject to the hen, and all other material facts
premises may be sold, and the proceeds OF the
sale be applied TO the discharge of the demand.
Sec. II. The court may, at any time, allow
either party to amend his pleadlngs, as in ac-
tions at common law.
SEQ. Is. ANY number of persons, who have
actually performed labor, or furnished labor or
materials on one or more buildings or s,ruc-
lures upon different lots of land, where the la.
bor was performed for the same owner, con-
tractor, or other person, may join In the same
petition for their respective hens, and the same
proceedings shall be had 10 regard to the
may defend as to each petitioner in the same
manner as il he had severalIy petitioned for
his individual lien.
SEQ. 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 at q certain
day in the same term. or at the next term, by
serving him with an attested copy OF the petit
| tion, with the order OF the court thereon,
fourteen days, at least, before the time as
signed for the .arng; aud the court shall also
order notice of the 6line Of the petition to be
oil 0tk uukp hov a<>P
the same kind upon the same estate, by serv-
ing them with copy OF the last mentioned or
der in like manner.
SEQ. 15. III it appears to the court that any
Of the parties entitled to notice are absent, or
| that they cannot probably be found to be served
with the notice. the court may. instead of the
personal notice before mentioned, or in addl-
ton thereto, order notice to all persons inter-
ested, by publishing in some new spaper 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, AZ may. under the circumstances Of
| the case, be considered most proper and eff
fectual.
SEQ. 16. If, ct 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 etfac ual.
SEQ. IL. At the time assigned for tho hear
ing, or within such further time as the court
allows tor that purpose every creditor having
u lien of the kind b,fore mentioned uoon the
same property. may appear and prove his
claim. and the owner and each of tue creditors
may contest the several claims OF every other
creditor; and the court shall hear and deter
mine them IN summary manner, either with
or without jury. as the cas may require.
SEQ. 1S. Every material question OF fact
ARISING, in the case, shall bs submitted to q
| jury, If required by either party, or thought
proper by the conrt; 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 IN other civil cases.
SEc 10. The court shall ascertain and de-
termlne the amouAL due to each creditor, who
has q lein Of the kind bsfore mentioned upon
the property IN question; and every suoh 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, 388 s3t
SEQ. 10. When the owner fails to perform
his palt OF the contract, and by resaon thereof
| the other party, without his own default, ls
prevented from completely performing his part,
| he shall be entitled to a reasonable compensa-
tion for as much as he has performed. in pro-
portion to the. pricc stipulated for the whole
and the court shall adjust his claim accord
| ingly. eN }4