A. D. 1912, Penalty for 2376. satisfaction as aforesaid, shall forfeit and pay to the party aggrieved a sum of money not exceeding one-half of the not doing so. amount of the debt secured by mortgage as aforesaid, to be civ. 02, § recovered by action in any Court of competent jurisdiction within the State; and on judgment being rendered for the plaintiff in any such action, it shall be the duty of the presiding Judge to order satisfaction to be entered on the judgment or mortgage aforesaid, by the Clerk or Register, or other proper officer, whose duty it shall be, on receiving such order, to record the same, and to enter satisfaction Accordingly. Ryan v. Kaphan, 16 S. C., 154. Where tender must include attorneys fees.-Easton v. Woodbury, 71 S. C., 250; 50 S. E., 790. Satisfaction by guardian.-Werber v. Cain, 71 S. C., 46; 51 S. E., 123. Tender before maturity is not legal tender.-Pyross v. Fraser, 82 S. C., 98; 64 S. E., 407. may apply for Sec. 3136. Any person who shall be indebted by mort- Mortgagor rage shall be, and he is hereby, authorized to apply to the rule, &c. residing Judge of any Court of General Sessions and Civ. '02, $ Common Pleas, to be held in the County in which such mortgage shall be recorded, for a rule to show cause why atisfaction should not be entered thereon. 2377. where rule is Civ. '02, S 2378. Sec. 3137. It shall be the duty of such judge to grant Proceedings uch rule, returnable on a day to be fixed by him; which issued. ule shall be served on the mortgagee, his legal representaive, or assignee, or their attorney; and if the party so erved shall not attend to show cause, or, attending, shall how insufficient cause, and the Judge shall be satisfied that he mortgage aforesaid has been fully paid, it shall be his uty to order the proper officer to enter satisfaction on the aid mortgage. When a jury may decide gage is paid. Sec. 3138. If, on the return of the said rule, it shall ppear to the presiding Judge that matters proper for the whether mortecision of a jury are involved in the case, he may, at the Civ. '02, 8 quest of either party, submit the same to the jury, to be 2379. ecided immediately, in a summary manner; and if the ry shall decide that the mortgage has been paid, satisfacon shall be ordered accordingly. Sec. 3139. No sale under or by virtue of any mortgage r other instrument in writing intended as security for a ebt, conferring a power upon the mortgagee or creditor A. D. 1912. Debts secured to be proven, of sale sale under 2380. Exceptions to sell the mortgaged or pledged property while said power by mortgage remains of force, or has not been revoked by the death of of real estate, the party or parties executing such mortgage or instrument, before order shall be valid to pass the title of the land mortgaged, foreclosure or unless the debt for which the security is given shall be power. first established by the judgment of some Court of compeC. '02, tent jurisdiction, or unless the amount of the debt be consented to in writing by the debtor subsequently to the maturity of the debt, such consent in writing to be recorded in the office of the Register of Mesne Conveyance, or Clerk of the Court, where the mortgage or other instrument in writing given to secure such debt is, or ought to be, recorded: Provided, however, That nothing herein contained shall and provisos, render it necessary, nor shall it be necessary, to make the personal representative of a deceased mortgagor a party to any foreclosure proceeding; nor in any foreclosure proceeding (if the mortgagor be dead) shall it be necessary to first establish the debt by the judgment of some Court of competent jurisdiction in order to obtain a decree of foreclosure and sale; nor shall it be necessary to make the mortgagor who may have conveyed the mortgaged premises a party to any action for foreclosure where no judgment for any deficiency is demanded: Provided, further, That no sale heretofore made under foreclosure proceedings, to which the personal representatives of deceased mortgagors were not parties, shall be invalid by reason of the absence of such personal representatives. and Clerks of ter on mar gages when This Act applies to statutes executed prior to, as well as to those executed since its date, and relates to the remedy only.-Simon v. Sabb, 56 S. C., 38; 33 S. E., 801; Stoddard v. Owings, 42 S. C., 88; 20 S. E., 25. Shuck v. B. & L. Ass'n., 63 S. C., 134; 41 S. E., 28. Registers Sec. 3140. All the Registers of Mesne Conveyance of the of Mesne Conveyance various Counties of this State, and all the Clerks of Court, Court to en-where, by law, they are required to perform the duties of gin of mort-such Registers of Mesne Conveyances, are required to enter canceled ofthe word "canceled," together with the signature of such record. officer, upon the margin of the indexes of real estate mortgages, chattel mortgages and judgments, respectively, when any such real estate mortgage, or judgment, is duly canceled of record by the mortgagee or his assignee, or the judgment creditor or his assignee; such cancellation and sig 1910, XXVI., 587. nature to be entered in the margin opposite the names of the mortgagor and mortgagee, or judgment debtor and judgment creditor, respectively. A. D. 1912, Date of consent of mort 2381. Sec. 3141. The consent of the mortgagor to the amount of the debt shall bear date not more than twelve months prior gagor. to any sale under any power contained in any such mort- Civ. '02, gage as referred to in Section 3139; and when any sale of land is made, or to be made, under and according to the provisions of said Section, any balance of the mortgage debt over the purchase price of the land at such sale shall not be extinguished by reason of the mortgagee or his or her assigns becoming the purchaser at such sale, whether the mortgage contain a provision to that effect or not. Court may render judg der sale at 2382. Sec. 3142. In actions of foreclosure, the Courts shall have the power to render judgment against the parties liable for ment and or the payment of the debt secured by the mortgage and to same time. direct at the same time the sale of the mortgaged premises. Civ. '02, The said judgment so rendered may be entered and docketed in the Clerk's office in the same manner as other judgments. Upon sale of the mortgaged premises, the officer making the sale under the order of the Court shall credit upon the judg- be credited. ment so rendered for the debt the amount or amounts paid to the plaintiff from the proceeds of the sale. Judgment to A. D. 1912. CHAPTER LXIII. Dower and Allotment Thereof. ARTICLE 1. Renunciation of Dower, and When the Right ARTICLE 2. Mode of Divesting Right of Insane Married ARTICLE 3. Proceedings for Allotment of Dower. Who may take renunci er. 40. 1909. XXVI, ARTICLE I. RENUNCIATION OF DOWER, AND WHEN THE Right Shall be SEC. 3143. Renunciation of dower, be- 3144. How wife may renounce. tributive share in husband's SEC. 3148. Wife having jointure, not to have dower. 3149. Not having jointure, to have dower at common law. 3150. Women shall be endowed when jointure is recovered. 3151. May take or refuse jointure after marriage. 3152. Refusing jointure, may demand dower. Section 3143. When any femme covert shall relinquish ation of dow-her right of dower in any real estate and acknowledge the same in writing, if she be within this State, in open Court, or before any Judge of the Court of Common Pleas, Justice of the Supreme Court, Judge of Probate, Clerk of the Court of Common Pleas, or Master, Magistrate or Notary Public: or, if she be without this State, before a Commissioner of Deeds of this State, or before a Commissioner duly appointed by dedimus, or before any Minister, Ambassador, ConsulGeneral, Consul, Vice-Consul, Deputy Consul, Consular Agent, Commercial Agent of the United States or any other officer appointed by the United States in foreign countries with the power to administer oaths and having an official seal, or a Clerk of a Court of Record, or before a Notary Public who must each append to the certificate the official seal used by him, and such acknowledgment shall be recorded, the same shall be effectual in law to convey and pass away the right of such femme covert, although she has not executed or acknowledged any deed of conveyance for that purpose. A. D. 1912.. Certain certificates of renunciation of dower validated. Any and all certificate of renunciation of dower which may have heretofore been taken before a Notary Public without this State, who has signed the same and affixed dow thereto his official seal, but whose official character has not been attested by a Clerk of the Court of Record of the County in which he may reside, are hereby validated and their certificate affirmed. Promise by husband that wife would relinquish subsequent to conveyance void.-Murray v. Crane, 1 McC., 489. Must be perfect at time when made.Scanlan v. Turner, 1 Bail., 421. Shall not be construed as renunciation of inheritance.-Brown v. Spann, 2 Mill, 12; Mays v. Feaster, McC. Ch., 137. Officer cannot take upon conveyance in which he is interested.-Scanlan v. Turner, 1 Bail., 421. Where renounced on mortgage by husband, and executors, under a power in the will, raised money by mortgage on same land with wife's renunciation and paid husband's mortgage, she was entitled to dower in priority of executor's mortgage.-Jeffries v. Allen, 29 S. C., 501; 7 S. E., 828. Dower does not attach against purchase money mortgaged.-Groce v. Ponder, 63 S. C., 162; 41 S. E., 83. Held not to attach, deed being executed, though not recorded, before marriage.-Ex parte Wallace, 73 S. C., 109; 52 S. E., 873. Protection against oustanding lien of dower.-Wanamaker v. Brown, 77 S. C., 64; 57 S. E., 165, Election between acceptance of devise and dower.-Otts v. Otts, 80 S. C., 16. Certificate of renunciation in statutory form estops the wife from claiming title to land.-Wilkins v. Baker, 77 S. C., 244; 57 S. E., 851. How dower renounced 42. 1909, XXVI, Sec. 3144. The wife of any grantor conveying real estate by deed of release, may whether she be of lawful age or a and barred. minor, release, renounce, and bar herself of her dower in all the premises so conveyed, by acknowledging, as prescribed n the preceding Section of this Chapter, upon a private and separate examination, that she did freely and voluntarily, vithout any compulsion, dread, or fear of any person whomFoever, renounce and release her dower to the grantee, and is heirs and assigns, in the premises mentioned. Any renunciation of dower which may have heretofore een probated by either Minister, Ambassador, ConsulGeneral or other Consul, Consular Agent, Commercial Agent of the United States or Notary Public are hereby alidated and their probate confirmed. Campbell v. Harris Lithia Springs, 74 S. C., 282; 54 S. E.. 378. Prior to the Constitution of 1895 this was held to be the only way by |