Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-22

For which service the clerk shall be
entitled and receive a fee Of fifty cents,
and such enrolment shall be equivalent
10 notice to all persons Of the existence
of such lien Provided, however, that a
party agreeing to advance a 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 advanced but the lien shall be linn
tied to the amount actually advanced,
with the interest thereon.
Sec. 4. BE 4 further enacted, That
proceedings to enforce such liens shall
be by bill in chanceTy, swOrn TO by COM
plainant, or by his agent, commenced in
the county where such farm or planta-
ton is situated, 10 be prosecuted as other
cases Of mOTtage or lien Provided, The
same shall be commenced within six
months after the debt or debts become
due, and not after.
Sec. s.. Be It further enacted, That
when such bill shall be filed, the clerk OF
the court shall, without fail, for that
purpose, issue a writ of sequestration
commanding the proper sheriff to seize
and take into his possession the property
charged to be subject TO such lien, and
to hold the same until the further order
Of the court or judge, or until the defend
ant from whose possession the same is
taken, shall enter int 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
TO abide the decree 10 be made by the
court in the case, said bond shall be re-
turned with the writ, and in case the
property shall not be delivered or forth
nnnnfnr 10 aHfna the nau~aa ghan Iav~a
the force and effect Of a judgment, and
execution may issue thereon against all
the obligOrs for the amount Of the de-
cree, or the value Of the property accord
ing 70 the nature OF the case, and II 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 a receiver, and
make such other disposition of the pro-
cseds OF such sale, or Of the property, as
shall seem to him just and equitable.
Sec. 8. Be II further enacted, That it
shall not be lawful for any sheriff OF
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 pro-
duct, while the same is under c~ultiva-
ton and before it il matured and gath
cred, prOUided hat nothing in this sec
ton contained shall prevent an attach
ment for rent, or against a nonresident,
or Ascending debtor, from being levied
on such crop or product and the same
sold according 10 law.
Sec. z. Be Il further enacted, That il
shall be lawful to convey by way Of
mortgage or deed Of trust, any crop Of
cotton, corn, or agricultural product
within fifteen months from the date Of
such mortgage. Provided, that nothing
in this act shall interfere with any prior
lien granted by the provisions Of this
act, for supplies and means furnished to
grow the crop.
Sec. s. Be q 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. 8. Ind be UfHrther enacted, That
this act shall take effect and be in force
from and after its passage.
ApDrOved February Is. 1871. /