The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-09
CODE OF PROOEDURE-. Continued

tltic 10 roa1 properly, The pl1lntlu, at the
time of fling the complaint, or at any
time afterwards, or whenever warrant
OF attachment under chapter four Of
Code shall he issued, or at any
time afterwards, the plaintiff, or g de.
fcndant, when he sets up an affirmative
cause of action in his answer aud dc.
mands substantive relief, Mt tho time OF
fling his answer, or at any time after
wards, if the same be intended to affect
real estate, may file with the Clerk of
each County in which the property is
situated notice of tho pendency of the
action, containing the names of the par
ties. the object of the action, and the
description of the property in that
County affected thereby; and if the ac-
tlon be for the foreclosure of mortgage,
such notice must be fled twenty days
before Judgment, and must contain the
date of the mortgage, the parties there
to, and the time and place of recording
the same. From the time of fling only
shall the pendency of tho action be con-
structive notice to purchaser or incum-
brancer of the property affected thereby;
and every person whose conveyance or
incumbrance is subsequently executed
or subsequently recorded shall be deemed
q subsequent purchaser or incumbran-
Ger, and shall be bound, by all proceed
lngs taken after the filing of such notice,
to the Same extent rs if he wcro made O
party to tho action. For the purposes
OF this Section, IN action shall be deemed
to be pending from the time of filing
such notice: Provided, however, That
such notice shall be Of no avail, unless it
shall be followed by the first publication
OF the summons, or oil order therefor,
or by the personal service thereof on q
defendant within sixty days after such
hling. And tho Court in which the said
action was commenced may, in it's dis
crction, at any time after the action shall
be settled, discontinued or abated, as is
provided IN Section number one hun
dred and forty-four. on application of
any person aggrieved, and on good cause
shown, and on such notice as shall be
directed or approved by the Court, order
the notice authorized by this Section to
be cancelled of record by the Clerk of
any County in whose Office tho same
may have been filed or recorded; and
such cancellation shall be mnde by AL
endorsement to that effect on the mar
gin of the record, which shall refer to
the order, and for which the Clerk shall
be entitled to fee of twenty-five cents.
SEC. l56. The summons may be served
by the Sheriff of the County where tke
defendant may be found, or by any
other person not party to the action.
The service shall be made, and the sum-
mons returned, with proof of the service,
to the person whose name is subscribed
thereto, with all reasonable diligence.
The person subscribing the summons
may. at his option, by m endorsement
on tho summons, fix time for the SER
vice thereof. and the service shall then
be made accordingly.
SEC. l57. The summons shall be served
by delivering copy thereof as follows
l. If the suit be against corporation,
to the president OF other head of the
corporation, secretary, cashier, trea-
surer, q director, or managing agent
thereof; but such service can be made
In respect to foreign corporation only
when it has property within this State,
or the cause Of action arose therein, or
where such service shall be made within
this State personally upon the president,
cashier, treasurer, or secretary thereof.
z. Ii against minor under the age of
fourteen years, to such minor personally,
and also to his father, mother or guar
dian; or, if there be none within the
Otate, tnen TO any person having the
care and control of such minor, or with
whom he shall reside, or in whose service
be shall be employed.
8. If against person judicially de-
clared to be Of unsound mind, or incapa-
BILE of conducting his own affairs in con.
sequence of habitual drunkenness, and
for whom a committee or guardian
has been appointed, to such committee
or guardian and to the defendant per-
sonally.
4. In all other cases, to the defendant
personally.
SEC. 15s. Where the person on whom
the service Of the summons is to be made
cannot, after due diligence, be fonnd
within the State, and that fact appears
by affidavit to the satisfaction of the
Court or Judge thereof, or OF the Pro
bate Judge of the County where the
trial is to be had, and it in like manner
appears that cause of action exists
| against the defendant in respect to whom
the service is to he made, or that he is a
proper party to an action relating to real
property in this State, such Court or
Judge may grant an order that the ser
vice be made by the publication of a