The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-02-16
From the Carrollton Conservative
LANDLORD AND TENANT.
BY j. q. GEORGE.

BY j. z. GEORGE.
Mr.. EDITOR: At your request, / pro-
pose to write series of articles for your
paper, on questions of law in which the
people generally are mostly interested,
and which may afford them some guide in
their ordinary business transactions.
In this article. l propose to explain
something of the law in relation to Land
lords and Agricultural liens.
The Landlord has not, as is generally
supposed, any lien on the crop of his
tenant or any other personal property of
the tenant, which may be on the rented
land. But he has the right to distrain
the crop and other personal property of
the tenant for the payment of the rent.
The distraint, or distress, or attachment,
issued out before Justice of the Peace,
upon the Landlord, making oath as to
tho amount of the rent, and giving bond
to pay damages, as in cases of ordinary
attachments This attachment is not
made returnable to any court, but the
officer to whom it is delivered, is required
forthwith to advertise the property he
seizes, for not less than ten days, and sell
it for cash. But the tenant can stop the
sale (where he owes the rent, by giving
bond with good security to the officer to
pay the rent in three months, together
with interest and costs; and if he gives
this bond, the Office must return the prop
erty attached to the tenant
This is the course to be pursued when
the rent is over due. But if the rent is
not due, yet if the Landlord will make
affidavit as before stated, and also swear
h hns. 70
does really believe that the tenant will
remove his property from the land rented,
before the rent comes due, and will give
bond as before stated, he will be entitled
to an attachment, and the officer proceeds,
as before stated, in cases where the rent
is due, unless the tenant will give bond
with good security to pay the rent when
it falls due, and all costs.
The attachment for rent can be levied
only on property on the rented land; or
property which was once on it, and has
not been removed for more than thirty
days. If the property has been removed
from the rented land for more than thirty
days, it cannot be seized under an at
tachment for rent And this applies, as
well to the crop raised on the place, as to
any other species of property, as horses,
mules, cows, &c. And it must be re-
membered that an attachment for rent
can, in no case, be levied on land.
For long time it was supposed that
the property exempt by law from execu-
ton, was liable to be attached for rent,
but Judge Clayton, whilst on the Circuit
Court Bench, declared that such property
was exempt from attachment for rent,
and believe that opinion is correct
So, in order that property should be
liable for attachment for rent, it must be-
long to the tenant, and be not exempt
from execution, and must be on the land
or, if not there, it must have been re-
moved from that place within the next
thirty days previous to its seizure under
the attachment.
The tenant can defeat the landlords
right to attach his property, by selling it,
or by mortgaging it, or giving an agricul-
tural lien on it, or by secretly removing
it and keeping it out of the way of the
officer for thirty days.
But if the Sheriff has an execution in
favor of another party against the tenant
he cannot levy it on property of the ten
ant then being on the rented land, unless
he will first pay all the rent due, whether
the day of payment of the rent has come
or not-not exceeding, however, one
years rent.
If the tenant refuses to give up the
land, when the lease is out, the landlord
has very summary and quick remedy,
before a Justice of the Peace, by which
the tenant may be turned out in FIVE days.
have frequently been asked if there
was no means by which the landlord can
secure his rent ahead of an Agricultural
lien. l think he can, in this way: if
the landlord take a mortgage on the crop
and other personal property of the tenant,
and record it before the Agricultural lien
is enrolled, / think the mortgage will be
preferred, because the Agricultural lien
| law only gives a prior lien to the merchant
which means as / think, ellen" prior
to all other s'liens," which does not in
clude mortgages, for mortgage is not
lien merely, but transfer of the prop
erty in the thing mortgaged to the mort
gagee. But this opinion is disputed. and
as the matter has never been settled, it
will not do to rely on it. There is an
other way which l feel confident will Sc
cure the landlord against all persons
Let the landlord take a mortgage, as be-
fore stated, and let him also stipulate in
the agreement of lease, that if the tenant
shall give any mortgage, or Agricultural
lien without the landlords consent, or
without providing in the said mortgage
of Agricultural lien, for the payment of
the rent, In preference to that lien of
mortgage, that the tenancy and lease
shall from that moment, by that act.
terminate; and the landlord shall have
the right to re-enter the premises, and
also all the growing and ungathered
corn shall be considered as part and
parcel of the land, and go to the land
lord. If this be done the lien win be
defeated. But to make this effective,
the rent must be made to become due
early in the season, before the crop is
gathered-say LIST October-for if made |
due on LIST january, the crop would re- |