The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-15
A Practical Measure for Relief

The following very important act has
passed both Houses-the bills introduced by
Mr.. Taylor, of the Senate, and Mr.. Barry, of
the House, being the basis of the same. The
measure cannot fail to attract capital to our
State, and to enable planters to secure adj
Ivances on reasonable terms As there is no
doubt of its approval by the Governor, it
may beregarded as. the law of the State on
this subject:
A bill to be entitled an act for the encour-
I agement of Agriculture.
Section l. Be it enacted by the Legisla-
ture of the State of Mississippi, That all
debts hereafter contracted for advance of
money, purchase of supplies, farming uten-
sils, working stock, or other things necessa-
nv for the cultivation of q farm or planta-
ton, shall constitute priorl lien upon the
crop of cotton, corn, and other produce OF
such farm or plantation, which is not by law
exempt from levy and sale by virtue OF exc
cuton, and also, upon the animals and I'M
plements employed or used in cultivating
the same, which shall have been purchased
with the money so advanced, or which shall
have been furnished by such person, in favor
of the person or persons so advancing or FUR
nishing, as aforesaid, from the time the con-
tract or contracts therefor, or synopsis of
the same, shall be enrolled as hereinafter
provided.
Sec .. Be it further enacted, That when
any owner or lessee of any plantation or
farm, shall make any contract with laborers
to cultivate such farm or plantation for
share or shares of the crop in lien of wages
and such owner or lessee shall make adVan-
ces of money, provisions or clothing, IN ac-
eordance with such contract, such owners or
-. IL L tl,a oh nm Of
laborers for the payment of the same.
Sec 3. Be it further enacted, That all con-
tracts within the provisions of this act, or
copy thereof, shall be filed in the office OF the
Clerk Of the Circuit Court of the county IN
which the farm or plantation is situated, land
such Clerk shall enroll the same in the order
id which they are so filed, in u well bound
book, for which service the Clerk shall be en-
titled to charge and receive fee OF fifty
cents. And such enrolment shall be equiv
alent to notice to all persons of the exist
ence Of such lien: Provided, however, That
party agreeing to advance specific sum
during the year may enroll his contract,
which shall be equivalent to notice of his
lien for the full amount so agreed to be adj
vaneed but the lien shall be limited to the
amount actually advanced, with the interest
thereon.
Sec A. Be it further enacted, That proceed
ings to enforce such liens shall be bill IN
Chancery, sworn to by complainant or by
his agent, commenced in the county where
such farm or plantation is situated, TO be
prosecuted as other cases of mortgage or lien:
Provided, The same shall be commenced
within six months after the debt OF debts
become due, and not after
Sec s. Pc it further enacted, That when
such bill shall be filed, the clerk of the court
shall without fat for that purpose, issue
writ of sequestration commanding the prop
or Sheriff to seize and take into his posses
sion the property charged to be subject 10
such lien and to hold the same until the
farther order of the conrt or Judge, or Until
the defendant from whose possession the
same is taken shall enter into bond with
good security, payable to the complainant
in double the value of the Property to be
assessed by the officer, conditioned to have
the property forthcoming 10 abide the decree
to be made by the courts in the cause, said
bond shall be returned with the writs, and
in case the property shall not be delivered
or forthcoming to abide the decree, shall
have the force and effect of a Judgment and
execution may issue thereon against all the
obligors for the amount of the decree OF the
value of the property according to the ma
ture of the case, and if such bond be not
given in twenty days after levy, the court
or Judge may order the sale of the property |
for cash or place the same in the hands of |
receiver and make such other disposition OF
the proceeds of such sale or of the property |
as shall seem to him just and equitable.
Sec. O Be it further enacted, That 1T shall |
not bedawful for any sheriff or other officer
to levy on or sell by virtue of an execution
or other process issuing from any court in
this State any crop of cotton, corn or other
agricultural product while the same is I'M
der cultivation and before it is matured and
gathered; Provided that nothing in this
Section contained, shall prevent an attach
ment for rent or against a nonresident, or
absconding debtor, from being levied on
such crop or product, and the same would
to law.
Sec T. Be il further enacted, That 1t shall
be lawful to convey by way of mortgage or
deed of trust any crop of cotton, corn or
other agricultural product, being produced
or to be produced within fifteen months
from the date of such mortgage Provided
that nothing in this act shall interfere with
any previous lien granted by the provisions
of this act for supplies and means furnished
to grow the crop.
Sec. 8. Be it further enacted, That moth
ing in this act contained shall affect any of
the rights or remedies now allowed by law
of the landlord for rents due or owing for
any plantation or farm.
Sec. 9. And be it further enacted, That
{ his act shall take effect and be in force
rom and after its passage.
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