Penalties, how recovered. I, 119, 5. Persons not to be removed from one prison another without cause. 10., 120, 29. or officer, willfully so refusing, neglecting or omitting what this Chapter requires and commands, for each such willful neglect, refusal or omission, shall forfeit the sum of five hundred (500) dollars, and shall be thereafter incapable of holding or executing his office. SEC. 16. The said penalties may be recovered by the prisoner or party grieved, his executors and administrators, against such offender, his executors or administrators, by action in any Court of competent jurisdiction, wherein no protection, privilege, injunction or stay of prosecution shall be admitted or allowed. SEC. 17. If any person or persons, citizens of this State, shall be to committed to any prison, or in custody of any officer or officers whatsoever, for any criminal or supposed criminal matter, the said person shall not be removed from the said prison and custody, into the custody of any officer or officers, unless it be by habeas corpus or some other legal writ; or where the prisoner is delivered to the Constable or other inferior officer, to carry such prisoner to some common jail; or where any person is sent, according to law, to any common work house or house of correction; or where the prisoner is removed from one place or prison to another within the same County, in order to his or her trial or discharge in due course of law; or in case of sudden fire or infection, or other necessity. for SEC. 18. If any person or persons shall, after such commitment signing warrant, aforesaid, make out and sign or countersign any warrant or warrants for such removal aforesaid, contrary to this Chapter, as well he that makes or signs, or countersigns such warrant or warrants, as the officer or officers that obey or execute the same, shall suffer and incur the pains and forfeitures mentioned in Sections 13 and 15 of this Chapter. &c. Penalty Ib. SEC. 19. An appeal from all final decisions rendered on applica tions for writs of habeas corpus shall be allowed as is provided by law in civil actions. of writs of. Common SECTION 1. That the Judges of the Court of Common Pleas shall Judges of Court have power, at their Chambers, to grant writs of prohibition and Pleas may grat mandamus, in the same manner, in every respect, as if the Court 1818, VII, 32; ; were actually sitting; and the parties, respectively, shall have same right of appeal to the Supreme Court as if the decision made in open Court. the were Con., Ait.4, 15; Code of Proce ure, 2 475; 3 M c., 175; 1 S. C., N. S., 46. Return to be made to the first 20; 1712, II, 568, 21; SEC. 2. Where any writ of mandamus shall issue out of any of the Courts of this State, such person or persons as are required to make wii. a return to such writ of mandamus, shall make his or their return; c. to the first writ of mandamus: Provided, That it shall and may 570, 26; 3 Brev., be lawful to and for the said Courts, or the Judges thereof, to allow to such person or persons, respectively, to whom any writ of mandamus shall be directed, such convenient time to make a return, plead, reply, rejoin or demur, as to them shall seem just and reasonable. When return is made, the plead, &c. Ib., 569, 2. SEC. 3. As often as in any of the cases aforesaid any writ of mandamus shall issue out of any of the said Courts, and a return shall prosecutor may be made thereto, it shall and may be lawful to and for the person or persons suing or prosecuting such writ of mandamus to plead to or traverse all or any the material facts contained within the said return; to which the person or persons making such return shall reply, take issue, or demur; and such further proceedings, and in such manner, shall be had therein as may be necessary for the determination thereof. Place of trial: and damages Ib. SEC. 4. If any issue shall be joined on such proceedings, the person or persons suing such writ shall and may try the same in such costs. place as a civil action should or might have been tried; and in case a verdict shall be found for the person or persons suing such writ, or judgment given for him or them upon a demurrer, or by default, or for want of a replication or other pleading, he or they shall recover his or their damages and costs in such manner as he or they might have done in a civil action; and a peremptory writ of mandamus shall be granted without delay for him or them for whom judgment shall be given, as might have been if such return had been adjudged insufficient; and in case judgment shall be given for the person or persons making such return to such writ, he or they shall recover his or their costs of suit. Not liable in other actions of SEC. 5. If any damages shall be recovered by virtue of this Chapter against any such person or persons making return to such damages are rewrit, as aforesaid, he or they shall not be liable to be sued in any other action or suit, for making such return. covered. &c. Ib. CHAPTER CXX. OF CHATTEL MORTGAGES AND LIENS. SEC. 1. Mortgages of personal property to be recorded within sixty days; place of record in Richland Coun ty 2. Priority of mortgages. 3. Mortgages registered may be redeemed by second mortgagees. 4. Equity of redemption lost &c 5. Time for redemption of goods or chattels sold by way of mort gage. 6. Verbal agreements, reserving interest in personal property when possession is parted with, void. Of Liens on Buildings and Lands. 7. Party furnishing labor and materials, to have lien on buildings, &c. 8. Lien not to attach without otice. 9. Not of force against existing mortgage. 10. Not to attach if owner of building, &c., gives notice. 11. Dissolved unless party file statement of account, &c, in Clerk's office in thirty days; record. 19. Py inaccuracy of statement, &. 13. Lien dissolved if not begun in ninety days. SEC. 33. Distribution of surplus. 34. Prior attaching creditor preferred; proportion of proceeds to be held. 35. Such propo tion may be applied to satisfy execution. 36. Subsequent attachment to be satisfied after lien. 37 Attachments intervening between two liens. 38. Rights of at aching creditors, &c., between themselves. 39. If debtor's estate be less than fee simple, &c., lien to bind his interest. 40. Lien may be enforced against heirs or assigns. 41. Executors, &c., may enforce creditor's lien. 42. Suits begun by one creditor may be pros cuted by another. 43. If suit be begun before right of action accrues, another creditor may prosecute; costs. 44 Costs in other cases. Liens on Ships and Vessels. 47. Liens on ships and vessels for labo performed and materials furnished. 48. Lien to be dissolved unless sworn statement of demand, &c., is filed for record. 49. If ship is built in two places, &c., inaccuracy of description, &c., not to effect proceedings. 50. Lien, how enforced; filing of petitions, &c 51. Petition to contain what. 52. Amendments 53. Several claimants may join in same petition. 54. In such cases claims to be marshalled and pro eeds distributed; if proceeds be insufficient liens to be satisfied rateably. Liens on Crops. 55. Persons making advances to planters,' &c, to have preferred hen on crop agreement to be recoded within thirty days. 56. Proceedings in case attempt be made to defeat lien; powers given Cork and Sheriff. be brought into Court and successive distribu- | tions made. Mortgages of rty to be corded within SECTION 1. That no mortgage or other instrument of writing in Personal propre the nature of a mortgage of personal property shall be valid so as to affect the rights of subsequent creditors or purchasers for valua ble consideration, without notice, unless the same shall be recorded in the office of the Register of Mesne Conveyances for the County sixty days. in Richland 1843, XI, 256, § 2: wherein the mortgagor resides, if he resides within the State, and if Place of record 1869, XIV, 301 Bail. Eq, 412 3 Strob., 411; 13 Rich. Eq.,222. Priority of mortgages. SEC. 2. The mortgage of goods or chattels which shall be first recorded, as provided by the foregoing Section, shall be taken, 19, 11, 137, 1; deemed, adjudged, allowed of and held to be, the first mortgage, Spear Eq., 439; and good, firm, substantial and lawful in all Courts of judicature 6 kich. Eq., 302. within this State. SEC. 3. If there be more than one mortgage at the same time, by any person or persons to any person or persons, of the same goods and chattels, the several mortgagees which have not registered or recorded their mortgages, their heirs, executors, administrators or assigns, shall have power to redeem any former mortgage or mortgages registered, upon payment of the principal debt, interest and cost of suit, to prior mortgagee or mortgagees, their heirs, executors, administrators or assigns. Rice Ch., 300; Mortgages regredeemed by sec istered may be ond mortgagees. Ib., 2. &c. Equity of relost, SEC. 4. Every person or persons who shall mortgage the same SEC. 5. In all bills of sale of any plate, gold and silver, or goods Ib. demption of Time for r goods or chattels sold by way of mortgage. 9 1712. II, 387,215; strob. Eq.,323 Rich. Eq., 339. Verbal agree mints, reserving Sonal property SEC. 6. Every verbal agreement between the vendor and vendee interest in per- of personal property, whereby the vendor who has parted with the when possession possession thereof to the vendee shall reserve to himself any interest in the same, shall be null and void as to subsequent creditors or purchasers for valuable consideration without notice. is parted with, void. 1843, XI, 256, § 3. Party furnish ing labor and lien on building, &c. 1869, XIV, 220, Of Liens on Buildings and Lands. SEC. 7. Any person to whom a debt is due for labor performed materials to have or furnished, or for materials furnished, and actually used in the erection, alteration or repair of any building or structure upon any 1; 1816, VI, 32. real estate, by virtue of an agreement with, or by consent of, the owner of such building or structure, or any person having authority from, or rightfully acting for, such owner, in procuring or furnishing such labor or materials, shall have a lien upon such building or structure, and upon the interest of the owner thereof in the lot of land upon which the same is situated, to secure the payment of the debt so due to him, and the costs which may arise in enforcing such lien under this Chapter, except as is provided in the following Lien not to a'without tach rot ce. Ib., 22. Not of force against existing mortgage. Ib., 3. Not to attach if owner of build notice. Tb., 24. Sections. SEC. 8. 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 effected by the lien, if such owner is not the purchaser, that he intends to claim such lien. SEC. 9. Such lien shall not avail or be of force against any mortgage actually existing and duly recorded prior to the date of the contract under which the lien is claimed. SEC. 10. The owner of any such building or structure in process ing, &c., gives of erection, or being altered or repaired, other than the party by whom or in whose behalf a contract for labor or materials has been made, may prevent the attaching of any lien for labor thereon not at the time performed, or materials not then furnished, by giving notice, in writing, to the person performing or furnishing such labor, or furnishing such materials, that he will not be responsible therefor. Dissolved un les party file count, &c., in thiny days; re cord. lb., 5. SEC. 11. Such lien shall be dissolved, unless the person desiring statement of ac- to avail himself thereof, within thirty days after he ceases to labor Clerk's office in 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 and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien, sufficiently accurate for identification, with the name of the owner or owners of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien, or |