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. -mwmaseW&ssssst- .-- '~ ~ ..rrr,;:.-:---^-, [ ? . ?lugr-a-v^ ., _ -!-_ THE DAILY 1H liKKMA. Daily Paper 88 a Year', "Let our Just Censure Attend tho True Event." Tri-Wcekly $5 a Year BY JULIAN A. SELBY. COLUMBIA, 8. CL WEDNESDAY MORNING. APRIL 7. I860. VOLUME V-NO 15 THE PHOENIX. FI?IUJSIICD DAILY AND TRI-W KKK LT. THE GLEANER. EVERY WEDNESDAY MORNING. BY JULIAN A. SELBY, EDITOR AND PROPRIETOR. Office on Main St., few doors above \ y lor. TERMS IN VARIA UL Y IN AD VA NCE. r SUBSCRIPTION. DaiW. 6 months..** 00 | Tri-Wcekly, 6 mo?...$2 50 Weekly, '? months.SI 50 ADVERTISEMENTS Inserted at 75 cents per square of nine lines for the first Insertion, and 50 cents each subs?quent. Weekly 75 oents each insortion. JtSlr" A liberal discount made on t?ie abovtt rates when advertisements are inserted by the month. AGENTS.-Hiram Mitchell, Spartanburg: J. lt. Allen, Chester; 8. P. Kinard, Newberry C. H.;\Jas. Grunt, Union; Juline Poppe, Anderson G. H. [OFFICIAL.] Aota Passed by the State Legislature. An Act to provide a lien on buildings and lands to parties furnishing labor and mate rials thereon. SECTION 1. Reit enacted 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 saine, That any person to whom a debt is due for labor performed or furnished, or for materials furnished and actually used in tho erection, alteration or repair of any building or structure upon real estate, by virtue of au agreement with or by conseut of tho owner of RU ch building or structure, or any person having authority from or rightfully neting for such.owner in proouring or furnishing such" labor :or materials, shall have alien upon'such building or structure, and upon the iutorcst of the owner thereof in the lot of laud upon which the sumo is situated, to secure tho payment of tho debt so duo to him, ami tho costs which may arise in eu forcing sheri lien under this Act-except as provided in the following sections. SEC. 2. Such lien for materials furnished shall not attach unless the person furnishing the same, before so doing, gives notice to the owner of the property to be aiTooted by the lien, if such owner is not tho purchaser, that he intends to claim such lion. SEO. 3. Such lien shall not avail or be of force against any mortgage actually existing and duly recorded prior to the date of -the contract nuder which tho lien is claimed. SEO. 4. Tho owner of any such building or structure in process of erection or being altered or repaired, other than the party by whom or in whose behalf a contract for labor and materials bas been made, may prevent the attaching of any lien for labor thereon not at the time performed or mate? rials not then furnished, by giving notice in writing.to the person performing or furnish? ing Buch labor or furnishing such materials, that ho will not be responsible therefor. Ssc. 5. Such lien shall be dissolved anlcss 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, a statement of a just aud true account of the amount duo him, with all just credits given, together with a description of the property intended to be covered by the lien, suf? ficiently, accurate for identification, with the name of the owner or owners of the property if known; which certificate shall bo subscribed and sworn to by the person claiming the lien, or by some one in his be? half; and shall-be recorded in a book kept for tho purpose by tho Clerk, who shalt bo entitled to tho same fees therefor as for re? cording mortgages of equal length. . SEO. 6. No inaccuracy in snob statement, relating to the property to bo covered by the lien, if the property can be reasonably recognized, or in stating tho amount duo for labor or .material?!, shall invalidate thc pro? ceedings, unless it appears tho person filing the certificate bas wilfully and knowingly claimed more than is his due. SEC; 7. Unless a suit for enforcing tho lien is commenced within ninety days after tho person desiring to avail himself thereof ceases to hibor on, or furnish labor or ma? terial for subh building or structures, the lien shall bo dissolved. SBCVK. fr he lion may bo enforced by peti? tion to the Court of Common Pleas in tho County whore tho building or structure is situated. The petition may bo filed iu term or in the Clerk's oillco in vacation, and the dato pf tho filing shall be deemed the com? mencement of tho suit;. SEO., 9. When the amount of claim does not exceed one hundred dollars, tho lien may be onforcod by a petition to a Justice of the Peace; and suoh Justice shall havo liko power and authority within their juris? diction aa horeiu conferred upon the Courts of Common Pleas, with like rights of appeal to the parties as exist iu other civil cases. SEO. 10. The petition may bo inserted in a writ of original summons and bo sorved, returned and entered as other oivil cases. SKC. ll. Whether filed as a petition, or inserted in suoh summons, the petition shall contain a brief statement of the contract on which it is founded, and of the amount due thereon, with a description of the pre? mises subject to the lien, and all other ma? terial faots and circumstances; and shall pray that the premises may be sold, and the pro coeds of the sale be applied to tho discharge of the demand. SEC. 12. The Court nany, ut any time, al low either party to amend his pleadings, as in actions at common law. SEC. 13. Any number of persons, who have actually performed labor, or furnished labor or materials ou one or more buildings or structures upon different lots of lund, wherb the labor was performed for the same owner, contractor, or other person, may join in tho same petition for their re? spective liens, nnd the same proceeding shnll bo had in regard to the rights of each petitioner, and tho respondent may defend as to each petitioner in tho same manner as if he had severally petitioned for his indi? vidual lien. SEC. 14. Tho Court in which the petition is entered, shall order notice to be givon to the owner of tho building or structuro, that he may appear and answer thereto at a cer? tain day in the same term, or at tho next term, by serviug him with an attested copy of the petition, with tho order of the Court thereon, fourteen days, at least, before the time assigned for the hearing; and the Court Bhall also order notice of the filing of tho petition to bo given to all other creditors who have a lien of the same kind upon tho same estate, by serving them with a copy of the last mentioned order in like manner. SEC. 15. If it appears to the Court that any of tho parties entitled lo notice, aro ab? sent or that they cannot probably bo found to bo served with the notice, the Court may, instead of tho persoual notico before men? tioned, or in addition thereto, order notico to all persons interested, by publishing iu some newspaper tho substance of tho peti? tion, with tho order of the Court thereon, assigning tho time and place for a hearing, or may order such other notico to be given, as may, under the circumstances of the case, be considered most proper uud effectual. SEC. 16. If, at the timo assigned for the hearing, it appears to the Court that any of tho persons interested had not hud sufficient notico of tho Buit, tho Court may order fur? ther uotice to them, in such manner as may be considered most proper and effectual. SEC. 17. At the time assigned for tho hearing, or within such further time as the Court ullows for thut pjrposo, every credi? tor having a lieu of the kind boforo men? tioned upon the same property, may appear and prove his claim, and the owner and each of tho creditors may contest the several plaims of every other creditor, and the Conrt shall hear and determiue them in a summary manner, either with or without e jury, as the case may require. SEC. 18. Every material question of fact arising in the case, shall be submitted to a jury, if required by either party, or thought proper by the Court; and tho trial shall bc had on a question steted, or an issue fri ned, or otherwise, as the Court may order. A jury shall be had before a Justice of thc Peace, only as in other civil cases. SEC. li). Tho Court shall ascertain ant determine the amount due to each creditor who hos a lion of the kind before mentioner! upon the property in question; and everj such claim due absolutely and without an] condition, although not then payable, shal be allowed, with a rebate of interest to tin time when it would become payable. SEC. 20. When the owner fails to perform his part of tho coutract, and by reasoi thereof, the other party, without his owi default, is prevented from completely por forming his part, be shall be entitled to ; reasonable compensation for as much as h has performed, iu proportion to the prie stipulated for tho whole, and tho Cour shall adjust his claim accordingly. SEC. 21. If the lien is established in favo of any of tho creditors whose claims ar presented, the Court shall order a sale of th property to be made by any officer anthe rized to serve civil process betwoen the sam parties. SEC. 22. If part of the property can h separated from the residue and sold withot damage to the whole, and if the value then of is sufficient to satisfy all debts proved i the ouse, the Court may order a sale of thi part, if it appears to be most tor tho int< rest of all parties concerned. SEC. 23. Tito officer who makes thu sal shall givo notice of tho time abd place, i the munuer prescribed in relation to tl sole on execution on a right of redeeinin mortgaged lands, unless the Court orders different notice to be givon. SEC. 24. Any interest in real estate .' sold, may be redeemed in tho manner pr vided in the ease, of a sale ou execution, tito right of redeeming mortgaged landa. SKC. 2f>. If all tho claims against tho pr perty covered by tho lieu aro ascertained the timo of ordering tho salo, tho Court mi order the officer to pay over and distribu tho proceeds of the sale, after deducting s lawful charges and expenses, to and amoi ! tho several creditors, to the amount of tbt j respective debts, if there is sufficient thor for; and if there is uot sufficient, thou divide and distribute tho same among t creditors in proportion to the amount d to each of them. SEC. 2(3. If all tho claims are not asc< tained when tho solo is ordered, or if 1 any other reason, the Conrt linds it ncc? sary or proper to postpone the order of d tribntion, it may direct tho officer to bri the proceeds of tho sale into Court, the to bo disposed of according to the decree ! the Court; and if by reason of the elaii of attaching creditors, or for any other cause, the whole ennnot bo conveniently distributed at ouco, tho Court may mako two or moro successivo orders of distribu? tion, as tho circumstances may require. SEC. 27. If there is auy surplus of the proceeds of the sale after making all the i payments before mentioned, it shall be forthwith paid over to the owner of tho pro? perty, but such surplus, before it is ao paid over, shall bo liable to bo attached or tuleen on executiou, in Uko manner as if it pro? ceeded from a salo made by the officer ou an execution. SEC. 28. If tho interest of tho owner in the building, structure or land is under at? tachment at tho time of filing and record? ing the statement of tho account, tho attaching creditor shall be preferred to tho extent of tho value of tho buildings and land as they were when tho statement was recorded; and tho Court shall ascertain by a jury or otherwise, as she case may require, what proportion of tho proceeds of tho salo shall be held subject to tho attachment as derived from tho value of tho property when the statement was recorded. SEC. 29. If the attaching creditor recovers judgment, ho shall bo entitled to receive on his execution tho proportion of tho pro? ceeds held subject to his attachment, or as much thereof as may bo necessary to satis? fy his execution, and the residue of thc proceMs shall bo applied in thc sumo man? ner a. if there had been no such attach? ment. SEC. 30. If tho interest of the owner of the property is attached after tho recording of tho statement, the proceeds, after dis? charging all prior liens uud claims, shall bo applied to satisfy tho execution of such attaching creditor. SEC. 31. If an attachment is made after thc recording of such statemeut, and if after the attachmeut another like statement is re? corded, tho creditor in tho latter statement shall bo entitled to be paid only out of the residue of the proceeds remaining, after pay? ing all that is due on tho demands, a state? ment of which is reoorded before the attach? ment, nnd satisfying tho attaching creditor. SEC. 32. When there are several attach? ing creditors, they shall, as between them? selves, bo entitled to be paid according to tho order of their attachments, but when several creditors, who aro entitled to the lion provided for in this Act, have equal rights as between themselves, and the fund is insufficient to pay tho whole, they shall share it equally in proportion to their re? spective debts. SEC. 33. If tho person for whom the work is dono or materials are furnished has an pstate for life or any other estate, less than a fee simple in tho land, or if tho property at tho timo of recording the statement is mortgaged or under any other incumbrance, tho lieu before provided for shall bind his whole estate and interest therein in like manner as a mortgage would have done, and the creditor may cause the right of re? demption, or whatever other right or estato the owner had iu tho property.Jto be sold and applied to the disobarge of his debt ac? cording to tho provisions of this Act SEO. 34. If the parson indebted dies or conveys away his estate or interest before the commencement of a suit on the con? tract, tho suit may be commenced and pro? secuted against his heirs, or whoever holds tho estate or interest which he had in the premises at thu time the labor or materials were performed or furnished; or if u suit is commenced in his life-ti me, it may be prose? cuted against his executors, administrators, heirs and assigns in like maunor as if tho estate or interest had been mortgaged to secure the debt. SEC. 35. If the creditor dies before the commencement of tho snit, tho suit may be commenced aud prosecuted by his execu? tors and administrators; or if commenced in his life-time, it may be prosecuted by them ns it might have been by the deceased if living. SEC. 3(5. If it appears in any ntngo of the proceedings that the suit was commenced by the petitioning creditor before his right of action accrued, or after it was barred, ot if ho become non-suit or fails to establish his claim, suit may bo prosecuted by any Other creditor having suoh lion, iu tho same manner ns if it had been originally com? menced by him, if tho circumstances of thc case are such that he might then, or at un\ time after the commencement of the origi mil suit, have commenced a like suit on hit own claim. HBO. 37. If the suit is commenced by the pdtitioniug creditor Indore his right ol action accrues, his claim may nevertheless bo allowed, if tho suit is carried on by unv other creditor, as provided in tho preceding Section; but ho shall not, in any case, b< entitled to costs, and be maybe required ti pay the costs incurred by tho debtor, Ol such part thereof as tho Court may deon reasonable. SEC. 38. The costs iu all other respect; shall be subject to tho discretion of th? Court, aud shall bo paid from tho proceed! of tho sale or by any of the parties to tin suit, as justice and equity require. SEC. O9. Nothing contained in this Ac shall bo construed to prevent a creditor ii suoh contraot from maintaining an actiot thereon at tho common law, in like manne us if he had no such lien for the security o his debt. SEC. 40. When a debt secured by sud lien ?H fully paid, the creditor, at the ex-1 pense of the debtor, shall enter on the mar? gin of tho registry, where the statement is recorded, a discharge of his lien, or shall execute a release thereof, which may be re? corded where tho statement is recorded. SEC. 41. All tho regulations concerning tho endorsement of original writs ??hall apply to tho endorsement of petitions filed under this Act. SEC. 42. Whcu, by virtueof a contract, ex? pressed or implied with the owners of a ship or vessel, or with tho agents, contractors, or sub-coutractors of such owners, or any of them, or with any person having bee" ^La ployed to contract, repair or launch such ship or vessel, or to assist them, money is duo to any person for labov performed, ma? terials used or labor and materials furnished in the construction, launching, repairs of, or for constructing the launching ways for, or for provisions, stores or other articles furnished for, or on account of, such ship or vessel in this Stato, such porson shall have a lien upon the ship or vessel, her tuckie aud furniture, to secure the payment of such debt; which lien shall bo preferred to all others thereon, except mariners' wages, and shall continue until the debt is satisfied. SEC. 43. Snch lien shall bo dissolved unless the person claiming the same filed, within four days from the time tho ship or vessel departed from the port at which she was when tho debt was contracted, in the offico of tho Clerk of the Court of Common Pleas of tho County in which the ship or vessel was at tho time tho debt was con? tracted, a statement, subscribed and sworn to by himself, or by some person in his bo half, giving a just and true account of the demand claimed to bo duo to him, with all just credits, and also tho name of the per? son with whom tho contract was made, the name of tho owner of the ship or vessel, if known, and the name of the ship or vessel, or a description thereof, sufficient for iden? tification; which statement shall be recorded by said Clerk of the Court of Common Pleas, in a book to be kept by him for that purpose, for which ho shall receive the same fees as for recording other papers of equal length. I SEC. 44. If the ship or vessel is partly constructed in ono place and partly in an? other, either placo shall bo deemed the port at which she was when ibo debt was con? tracted, within the meaning of this Act; and nb inaccuracy ia the description of the ship or vessel, if sho can be recognized thereby, or in stating the amount due for labor or materials, shall invalidate the proceedings, unless it appears that the person filing the certificate, has knowingly and wilfully claimed moro than his due. SEC. 45. Such lien may bo enforced by petition to the Court of Common Pleas for the County where the vessel was at the time the debt was contracted, or in which she it at th 3 timo of instituting proceedings. The petition may be entered in Court, or filed in tho Clerk's office in vacation, or may be in? serted in a writ of original summons with an order of attachment, and served, returnee! and eutered as other civil actions, nnd the subs?quent proceedings for enforcing the lien shall, except as hereinafter provided, be as prescribed for enforcing liens on build ings and lands, so far ns the same are appli cable. At the time of entering or filing the petition, a process of attachment agaius such ship or vessel, her tackle, apparel ant furniture, shall issuo and continuo iu force or may be dissolved, like attachments it civil cases, but such dissolution shall no dissolve the lieu. SEC. 46. The petition shall contain a brie statement ofgthe labor, materials, or wort done or tarnished, or tho stores, provision! or other articles furnished, nnd tho amount due therefor, with a description of the shir or vessel subject to tho lien, aud all ethel material facts and circumstances, and shnl pray that tho ship or vessel may be sold une the proceeds of the salo applied to the dis charge of the domnnd. SEC. 47. The Court may, at any time, al low either party to amend his pleadings, ai in actions nt common law. SEC. 48. Any number of persons bavin] such lieus upon the samo ship or vessel, maj join in the same petition to enforce th samo; and the sumo proceedings shall behau in regard to the respective rights of encl petition, and the respondent may defend a to oaeh petitioner, in tins samo manlier as i they had severally petitioned for their indi vidual Imus. SEC. 49. When there is money due to mot than ono person holding a lion upon a shi| or vessel, under the provisions of this Act all parties interested, having been cited ti appear and answer, the claims of all shal be marshalled, and the Coo rt shall tunk such order or decree- as may bo necessary ti prevent tho enforcement of a double lieu fo thc sn uie labor, material, stores, provision or other articles, and to secure the jus rights of all. And tho proceeds arisil)] from the salo of such ship or vessel, ?fte deducting all proper costs and expenses shall bo distributed among the severa! claim ants to the amount of their respective debt.' Provided, That when snch proceeels are in sufficient to satisfy the liens of all, thos having liens for labor, shall re?oive a pe ern tage on their respective claims, one-thiri greater, as near as may be, than those has ing liena for materials, stores or other arti oles. In the Senate House, the - day of Mnroh, iu the year of our Lord one thousand eight hundred and sixty-nine. CHAS. W. MONTGOMERY, President of tho Senate pro tem. FRANKLIN J. MOSES, JR., Speaker HOUBO of Representatives. Approved tho 16th day of March, 1869. ROBERT K. SCOTT, Governor. Xa5y- Charleston Courier and Soulh Caro? lina Republican will copy once. Special Xotioes. kHj :;r*v 7 RIFLE WITH DANGER..-A. ningle spark ."uy kindle * Hame that will consume a city, and small ailments neglected, may end in fatal disorders. Bearing this fact in mind, let tho first symptoms of dobility or nervous prostration bc met promptly with invigorating treatment. Foremost among tho vogetable tonics of the age, stands HOSTETTER'S STOMACH BITTERS, and whenever the vital powers seem to languish, or there is any reason to suspect that the animal functions essential to tho sustentation and puri? fication of tho body aro imperfectly performed, this invaluable invigorant and antiseptlo should at onco be resorted to. Indigestion always pro? duces weakness of tho bodily powers. Sometimes it happens that thc appetite demands more food than the stomach can digest; though not more, perhaps, than is required to koop np the fu?l strength of tho frame. The object, under such circumstances, is Ao increase the digestivo capa? city of tho assimilating organ, so as to make it equal to tho duty imposed npon it by tho appetite, and capablu of supplying the Int?ding material of the system as fast as it is required. This object is fully accomplished by the use of tho Bitters. Thoy tone ana gently h tim ul at o the cellular mem? brane which secretes tho gastric juice, and the result is that the solvent ia mingled with the food in sufficient quantity to convert all its nourishing particles into puro and wholesome clement. Ii, on the other hand, there is a deficiency of appe? tite, without any corresponding deficiency of digestive power, the effect of the tonic is to stimu? late a desire for food. In nineteen cases out of twonty, headache, nausea, nervousness, fainting? fits, spasms, and, indeed,moat of the casual aches and pains to which humanity ia subject, proceed primarily from indigestion complicated with biliousness; and for both these complaints HOS? TETTER'S STOMACH BITTERS are recommend? ed as a speedy and certain remedy. March 81 fft To Consumptives. -Tho advertiser, having been restored to hoalth in a few weeks, by & very simple remody-after having Buffered several years with a severe lung affection, and that dread dis? ease, Consumption-is anxious to make known to his fuUow-sufforers the means of cure. To all w ho desire it, he will send a copy of tho prescription used, (free of charge,) with the di? rections for proparing and using the same, which they will find a SURE CURE rou CONHCM?TION, ASTHMA, BRONCHITIS, etc. The object of the ad? vertiser iii sending the prescription, is to benefit thc afilicted, and spread information which be conceives to be invaluable; and he hopes every sufferer will try his remedy, as it will cost them nothing, and may prove a blessing. Parties wishing the prescription, will pleube ad? dress REV. EDWARD A. WILSON, Williamsburg, Kings County, New York. I Feb 3 _ 3mo Krrorx or Youth?-A gentleman who suffered for years from Nervous Dobility, Premature Decay, and all the effects of youthful indiscretion, will, for the sake of suffering humanity, send free to all who need it, thc receipt and direction? for making tho simple remedy bj- which he was cured. Sufferers wishing to profit by the advertiser's ex? perience, can do so by addressing, in perfect con? fidence, JOHN R. OGDEN, Feb S 3mo No. 12 Cedar street. Now York. ESSAYS FOR YOUNG MEN-On tho ERRORS and ABUSES incident to Youth and Early Man? hood, with the humano view of treatment and euro, sent by mail free of charge. Address HOWARD ASSOCIATION, Box P., Philadelphia, Pa. Jan 20 3mo WIDOWS ASI? ORPHANS BENEFIT Life Insurance Company, of New York. ALL TUE !\liO F ITS %Q POLK I Ili.H.ltEHS. SO RESTRICTION LUTON TRAJVBI? Ott Ul.SIIiENOR. POLICIES Issued upon all modem and approved plans of insurance, including childron'a en? dowments DIVIDENDS ANNUALLYTO POLICY HOLDER?. OFFIOBHt. President -CHABI.ES H. RAYMOND. Secretary -Robert A. Orannis. C-uisuhiiig Actuary -Sheppard Homans. Medical Examiner Gustavos H. Winston M.D. Consulting Physician-Mmtnrh Post, M.D. Counsel--William Botts, I.L.D. BOARu or TBU.STF.KS- Lucius Robinson. William V. Brady. J. V. L. PruyO, S. B. Ohittenden, Levi 1* Stone. I. <.Srr?en Pearson, Martin Hates, William lii tts, l,!,.!>.. .Tolin Wadsworth, Alfred Edwards, John R. Ford, Oliver H arriman, Seymour L. Unsted, Sheppard Homans, Charles C. Little, F. Hatchford stun-. Harvey B. Merroll, Samuel E. Spi mils, Richard A. MoCurdy, William H. Pop? ham, David Hoadley, Hoary ?. Smythe, Charles H. Welling, Alonzo Child, (Hinton L. Merriam, Samuel W. Babcock, Ezra Wheeler, William M. Vermilye, ('hurles H. Raymond, J. ll. Van Ant? werp, Theo W. Morris. GREOG, PALMER A CO., General Agents for South Carolina. R. W. Gibbes, Medical Examiner. BtAOKFoan Si BKSEK, Managers Southern Stat os, Baltimore, Maryland. .March 23 Spring Seed Oats. ?*f\(\ BUSHELS Primo North Carolina and DUU Maryland SEED OATS, for salo by Fob 1!) E. Sc O. I). HOPE. Self-Raising Flour. p* /"V BARRELS Hocker's Solf-Raisilig FLOUR. OU JuHt roceived and for sale 1 >w, by the bar roi and at retail, by J. A T. R. AGNEW.