The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-02-25

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derfully.
Acts Of the Legislature.
AN ACT TO PROTECT TIE RIFHTS OF
PERSONS LAWFULLY IN POSSESSION
OF LANDS AND TENEMENTs.
lie ii enacted by the Senate and
l1ousc Of Representatives of the
State of South Carolina, now met
and sitting in General Assembly,
and by the authority of the same,
That after final judgment in an ac-
ton to recover lands and tencmcnts
in favor Of the plaintiff, if the de.
tendant has purchased the lands
and tcnements recovered in such
action, or taken a lease thereof. or
those under whom he holds, has
purchased a title to such lands and
tcnemcnts, or taken a lease thereof
supposing at the time of such Dur
chase such title to be good in fee,
or such lease to convey and secure
the title and interest therein ex-
pressed, such defendant shall be
entitled to recover of the plaintiff
III such action the full value of all
improvements made upon such
lands by such defendant, or those
under whom he claims, in the man.
ner hereinafter provided.
Sec. 2. The sum which land
shall be found, at the time of the
rendition of such Judgment, to. be
worth more, in consequence of i'm
provements SO made, than it would
have been had no such improve
ments or betterments been made.
shall be deemed to he the value of
such improvements or bettermcnts.
Sec. 3. The defendant in such
action shall, within forty-eight
hours after such judgment, or dur
ing the termof the Court in which
the same shall be rendered, file a
complaint against such plaintiff for
so much money as the lands and
tenements are so made better, in
the office Of the Clerk of such
Court, which shall be sufficient
notice to such defendant in such
complaint to appear and defend
against the same, and all subse-
quent proceedings shall be had in
accordance with the practice pre-
scribed by the Code of Procedure.
SEC. 4. The Court on entry OF
such action, shall stay all such pro-
ceedings upon the. judgment OBJ
tained in the prior action, until a
final judgment shall be obtained in
the prior action, until a final judg.
ment shall be rendered in this &C.
ton; and the lands and tenements
80 recovered shall be held to re.
spond to any judgment which shall
be rendered on such complaint, in
the same manner and for the same
time as if the same shall be attach.
ed on mesne process.
Sec. 5. Execution on the judg:
ment rendered in such action shall
issue only against the land and.ten.
ements recovered, as in section 1
and shall not. in any case, issue
against the goods and chattels O,
other lands of the defendant,
SEC. 6. The plaintiff, in an actor
for the; recovery of lands and ten
ements, shall recover nothing fol
the mesne profits Of the land, ex
cept on such improvements as were
made by him or those under whom
he claims. " ''''
SEC. 7. The foregoing provision
4 relating to betternents, shall no
extend to any person who has en-
tered on land byivirtue of any con
tract made with the legal owner 0
such land, unless it shall appear, OF
the trial Of theo action of the case
that suoh owner has neglected t.
fulfill such contract on his part, II
which case such person in posses
sion shall be entitled to all the priv
lege u,hereihbefore 5Tprovided.e:.fo
! those entered upon ana uhde
tshs salp'psosed al's !thittls, apsa y tksg y saam
4 proceedings tshall aabe had and dth
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