A. D. 1912. Requisites of affidavits; mo warrant; bond &c. Civ. '02, § 3064. be allowed in such cases the same fees and costs allowed in like cases to Sheriffs. Motion to vacate before Magistrate.-Kennedy v. Dunbar, 46 S. C., 517 24 S. E., 383. Improvident issue. 170. Damages.-Barfield v. Coker, 73 8. C., 181; 53 8 E Sec. 3835. The affidavit and statements to be used to tion to vacate obtain any warrant of seizure provided for in this Article of applicant, shall conform, as nearly as may be, to the practice regulating the issuing of warrants of attachment under the Code of Procedure; and the persons against whom it is issued shall have the right to move before the Clerk of the Court or Magistrate by whom it is issued, or a Circuit Judge, to vacate said warrant of seizure for any of the causes which would be sufficient to vacate a warrant of attachment issued under the Code of Procedure. Before issuing such warrant, the officer to whom applica tion therefor is made shall require the party applying to enter into an undertaking, with sufficient surety, to the effect that he will pay to the party whose crops are to be attached or seized such costs as may be awarded to hir should said warrant be set aside, and all damages that b may sustain in consequence of the issuing of such warrant if it should be decided by any Court of competent jurisdi tion that the same had been illegally or improvidently issue Amount of not exceeding the sum specified in the undertaking which shall be at least two hundred and fifty dollars, except in case of a warrant issued by a Magistrate, when it shall be at least twenty-five dollars. bond. The only conformity to the attachment law required is in the affidavit statements, not in the subsequent proceedings.-Blair v. Morgan, 59 S. C., & 37 S. E., 45; So. Ry. Co. v. Sarratt, 58 S. C., 98; 36 S. E., 505. Failure t file affidavits.-Townsend v. Sparks, 50 S. C., 380; 27 S. E., 801; Dety T Boyd, 46 S. C., 39; 24 S. E., 59. Time within which motion to vacate may be made. Kennedy v. Dunbar, 46 S. C., 517; 24 S. E., 383. The Circuit Jude" can vacate an unlawful warrant of seizure at chambers.-Seigler v. Coward 24 S. C., 119. On motion therefor the Judge cannot consider facts not appear ing in affidavit submitted to the Clerk-Segler v. Coward, 24 S. C., 119. Filing undertaking is jurisdictional, damages for seizure where undertaking was not filed.-Forrester v. McBee, 72 S. C., 189; 51 S. E., 675. Sec. 3836. In case any portion of the crop is removed from the land rented or leased, and the proceeds thereof not applied to the payment of the rent for the year, or to the other liens herein provided for, and this fact shall be A. D. 1912, When lien made to appear by affidavit, persons holding liens as herein provided shall have the right to proceed to collect the amounts which will become due for rent or advances in the proceed before same way as if the same had become due according to con- due. tract before such removal. debt becomes Civ. '02, 3065. Sec. 3837. Any person who shall make advances in pro- Lien upon visions, supplies, and other articles for agricultural pur-supplies adposes, shall have a lien in preference to all other liens, exist Civ. '02, § ing or otherwise, upon such provisions, supplies, and other 3066. articles, until the same shall be consumed in the use. In case any one to whom such provisions, supplies, and other articles, are so advanced, shall endeavor to dispose of the same for other purposes than that for which they were advanced, or in case any person shall endeavor to make said provisions, supplies, and other articles, liable for the debts of the party to whom they were advanced, then the party advancing said provisions, supplies, and other articles, shall have the same remedies and means for enforcing his lien as are herein provided in case of advances for agricultural supplies. Replevy of crop seized; Sec. 3838. Any person whose crop or crops, whether the same be severed from the freehold or not, may be seized bond, &c. under the provisions of any or all of the preceding Sections Civ. '02, 3 of this Article, shall have the right, upon entering into bond in accordance with the provisions of law now of force in regard to actions for claim and delivery of personal property, to recover immediate possession of the crop or crops so seized; but nothing herein contained shall be so construed as to affect any of the provisions of said Sections in cases where no bond is given as herein authorized. Such contract may be by parol.-Harby v. Wells, 52 S. C., 156; 29 S. E., 563. ARTICLE VI. LIENS OF OWNERS OF STOCK ANIMALS. SEC. 3839. Owners of stock horses, &c., to have lien on issue; how enforced. Section 3839. The owner of any stock horse, jack, bull; boar or ram, kept by him for the purpose of raising from, A. D. 1912. Owners of have 'lien on forced. having a claim by contract against the owner of any mare or horses, &c., to COW, or other stock, for service, shall have a prior lien on the issue: how en- issue of such mare, cow or other stock for the amount of such claim: Provided, An action shall be instituted to enforce 02, such claim, by suit before a Magistrate or other officer having jurisdiction, within twelve months from the time such claim shall have accrued. 3068. Such contract may be by parol.-Harby v. Wells, 52 S. C., 156; 29 S. E.. 563. Employes in factories. lien for their Section 3840. All employees in factories, mines, mills. &c., to have a distilleries, and all and every kind of manufacturing estab wages. lishment in this State, shall have a lien upon all the output Civ. 02, of the factory, mine, mill, distillery, or other manufacturing 3069. establishment in which they may be employed, either by the day or month, whether the contract be in writing or not, to the extent of such salary or wages as may be due and owing to them under the terms of their contract with the employer. such lien to take precedence over any and all other liens, except the lien for municipal, State and County taxes. How lien of Sec. 3841. Any one entitled to the provisions of this factories may Article may begin suit upon his or her demands in any employes in Civ. '02. § XXV, 81. be enforced. Court of competent jurisdiction, and at the time of com3070. 1906, mencing action may file with the officer out of whose Court he desires process to issue an affidavit setting forth the facts out of which his or her alleged lien arose, the amount of same, and shall designate the property alleged to be affected by said lien; thereupon it shall be the duty of said officer to issue his process in the nature of a warrant of attachment, directing the Sheriff of the County, or any lawful Constable, to seize so much of the property described in said affidavit as may be necessary to satisfy said alleged lien. The officer executing aforesaid process shall seize and take into his possession and custody, according to the andate of said process, the property described, and shall old the same until the final determination of the suit etween the parties, following the usual practice in attachment cases as to sale after judgment, or even before judgment if the property seized be perishable and ordered sold y the Court: Provided, That should the party claiming o be the legal owner of the property seized desire to do so ending suit, he may furnish good and sufficient security for he payment of such judgments as may be recovered by laintiff against him in suit pending, to be approved by the fficer issuing the process, and shall thereupon be entitled to he custody of the property seized, just as though no process ad been issued against it: Provided, That the claims of hird persons shall be made and determined in the same nanner as such claims in attachment cases. A. D. 1912, cases. Sec. 3842. The costs and fees of officers in proceedings Costs in such inder this Article shall be the same as in cases of attachnent under the Code. Civ. '02, § 3071. A. D. 1912. TITLE V. OF PROCEEDINGS FOR THE RELIEF OF PERSONS SEC. CHAPTER CI. Of the Discharge of Prisoners as Insolvent Debtors. 3843. Persons in arrest wishing to 3844. Creditors to be summoned by 3845. Court to examine as to dis- 3847. On making assignments, &c., 3849. Penalty for false schedules. 3851. Filling vacancies in panel. SEC. 3853. Issues on exceptions to Clerk's rulings to be summarily heard by Judge. 3854. Fees allowed Clerk for hear 3855. Fees allowed Sheriff. 3857. Creditors allowed to examine swer. 3858. Debtor to produce books, & 3859. Submission of issues to jury, &c. 3860. No discharge to be granted until the delivery of proper ty to assignee. 3861. Expenses of imprisonment to be paid weekly in advance by plaintiff, or debtor dis charged. of jurors. Persons in arrest wishing Section 3843. Any person arrested on mesne or final pro to surrender cess in any civil action, as provided by Chapter I, Title VII. petition of the Code of Procedure, being unable or unwilling to give property, to Courts, &c. the bail therein provided, may petition the Court of Common Civ. '02, 8 3072. Pleas of the County wherein he is confined, certifying the causes of his arrest, together with an account of his real and personal estate, with the dates of the securities wherein any part of it consists, and the deeds, notes, or vouchers relating thereto, and the names of the witnesses to the same, as far as his knowledge extends therein. The words "on mesne or final process" are inserted in the first line of this Section, on the authority of Hurst, Purnell & Co. v. Samuels, 29 8. C., 476; |