The weekly clarion., 1871-02-16

BY ]. z. GEORGE.

promised In this issue OF your pape
to say something of the Agriculture
Lien Law of this State. This law wa
passed in February, 1867, and has as We
received no judicial construction. 1t is
however, very stringent law in its op
erations, conferring extraordinary right
In favor of a certain class of creditors
and | think should receive a strict con
struction.
1. 1t gives prior lien to the supply
man or merchant, and as | said in No 1,
this priority extends only to liens, strictly
as judgment lien; or the lien of 9
Pledge, and does not intefere with the
rights of property conveyed in a mort.
gage, but as stated in No. /, this is a
matter disputed.
2. The lien is given in favor of the
merchant or supply man, not for all the
goods or money used in the purchase of
supplies, farming utensils, working stock,
or other things necessary for the cultiva-
| ton of the farm or plantation. A supply
lien, or Agricultural lien, Is therefore
worthless for anything not necessary to
cultivate the farm. What is necessary
is hard to determine in all cases-and so
of what is not necessary. But it may be
stated generally, that the lien does not
cover money lent to pay debts of any
kind-it does not extend to family sup
plies generally Such as food and raj
ment for the members of the family, who
are not engaged in cultivating the farm.
1t does not extend to the purchaser of
"purple and fine linen" jewelry and nice
fxings generally, nor for the purchase of
riding or carriage horses, nor carriages,
nor anything usually classed among the
luxuries of life In a controversy
between the farmer who buys, and the
merchant who sells, there might and
probably would be no nice or scrupulous
examination as to these things; but when
the merchant undertakes to set up his
Agricultural Lien against mortgage, or
a judgment lien, he must show that what
he claims belongs to the class of neces-
saries. He will not be permitted to cut
out others, who have just claims, by ex-
hausting the whole crop, in furnishing
luxuries and things not at all necessary
to the cultivation of the farm.
8. This lien does not extend to the
whole crop, but only to that part of it
which is not exempt by law from execu-
ton, and to the animals-horses, oxen,
&C., and implements, plows, wagons,
&C., which he furnished, or which were
bought with money furnished by the sup
ply man. 1t does not extend to any 9TH
er property of the debtor. These supply
liens are frequently both mortgages and
Agricultural liens in the same instru
ment-and when they are such, and are
both recorded in the Chancery Clerks
office and enrolled in the Circuit Clerks
office, they have double effect; but it
must be understood in such a case, that
the priority given to the supply lien ex-
tends only to the property above enumer
ated, though there may be other proper
ty embraced in it-as to this other prop
erty, the instrument is a simple mort
gage, and is not ahead of other liens or
mortgages gotten and recorded before it.
4. The supply lien must be enrolled in
the Circuit Cleak' Office and a copy of
the contract, or the original, must be FL
ed in that office and, think, must re-
main on file. And when the lien is given
for future supplies, to be furnished after
the contract of lien is made and enrolled
then this cOntrat must contain an agree
ment to advance specific sum Gas 800,
or $500, or 81 900, or the like,) during
the year. That is, the merchant must
agree and bind himself to advance such
sum. A mere statement in the contract
that the merchant may advance more
money or supplies, or that the farmer
may become indebted in further sum,
will not do. The law must be strictly
complied with in all respects-there must
be valid agreement to advance.
5. 1t may be as well to state, that if
there be such an agreement to advance,
in goods or supplies, that this means to
advance them at reasonable and customa-
ry prices; and that the merchant having
thus gotten his lien, and thereby deprived
the farmer of all chances to get credit at
other places, will not be permitted to use
his advantage by charging his customer
enormous and unreasonable profits on the
goods afterwards furnished. If the mer-
chant desires these profits he must stipu-
late for them plainly at the time he takes
the lien. This can be done by stating in
the contract that the supplies are to be
furnished at such per cent. ON cost or
in any other way, which will let the farm
er know, when he gives the lien, that the
future supplies are not to be had at the
usual and customary credit prices; but
at such, or such per cent. or price.
6. The supply lien can be enforced
only by a suit in Chancery, which must
be brought within six months after the
date is due. Attachments before Justices
of the Peace are not proper remedies, and
when defended will be always defeated,
unless the merchant has some other |
ground for swearing out the attachment |
than that he has supply lien.
The Hazards of Winter.