The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-01-02
THE LIEN LAW.
Valdez. Miss L

In YOUR I--ie Oh tie lJtiif tt'Ff ~
ought to be no difficulty In the construction
of the Lien law. We are not many % Us
lawyers. but profess to have plain common
sense practical views 81 matters As they
presant themselves 10 us. and think We car
understand them when 50 presented
Spnoo.e 4 rents loo acres Of land T. 3 for
1000 pounds lint cotton and takes mort
gage on the crop OF b for the rent { comes
in and furnishes him his supplies during
the year AMI the crop is not sufficient 10
pay both after gathered. Nho has priof
lien, y or i:
Again, suppose \ rents 100 acres OF Iand
for 1000 pounds lint cotton ard takes
mortgage on his crop for the rent and ais"
for the supplies he may have furnished him
durino the wear to enable b to make his
crop. and G comes in and supplies him in
addition, 3 being eXtrayagant ana wants
more than A thinks he ought to have Who
then has preference:
The time now being at hand for the plant
ers to make contracts, and most OF them be-
inc honest as far as ! know and believe.
don't want to cheat nor be cheated, Tor you
know there is store now at every cross
roads, would like for you 70 answer the
above simple questions. All we have LETT
ms is our land which Is taxed to It's utmost,
and a little blunder with many OF us would
break the camel's back
Very respectfully.
FRANK HAWKINS.
REPLY.
IF our respected corr espondent will
examine the law as published in another
column, we think he will readily concur
with US in the answers which we will give
to the suppositive cases which he presents.
First. The claim Of G who furnishes the
supplies for making the crop, has prefer
enee over the claim of A who rents the
land to B. The law provides that the
ellen hereby created (to secure collection
for labor or supplies as the case may be-
''shall take precedence and priority ocsr
rent and erery other other species Of lion
sec. IA. This is the law. 1t may operate
uniustIy to deprive the landlord OF his
dues. but it is the law nevertheless. If
it so operate, it ought to be modified.
We will add that the supplies furnished
must be shown to be absolutely ''neces-
sary." such as meat and bread and cloth
ing actually needed, and forage for the
team. Luxuries in eating and finery,
fancy things, and fxings such rs trades
men often create large accounts with,
constitute no claim whatever. The law
says call provisions, clothing, and
NECESSARY plantation supplies" Parties
interested, merchants in disposing of
their wares and landowners whose rights
are involved would do well to bear this
fact in mind.
Second. The claim of \ who furnish
es supplies and rents the land to b has
priority over the claim Of G on the as
sumption that A has furnished what Is
reasonable for the growth OF the crop.
If c sells his goods to B when another
party is supplying or has supplied the
necessary accommodations for raising IT,
he does so on his own risk. In this
event, AS landlords claim has precedence
over C's, and can be enforced by dis
tress for rent. 1.-The landlords distress
''for rent when levied at the same tlQe
with another attachment for an ordina-
cry debt will be entitled to prior pay
"ment out of the proceeds OF the goods
attached Georges Digest and auth
critics cited, p. POI.
We will submit that all the difficulties
which might result from conflicting claims
can be easily avoided, by a proper I'M
derstanding and honorable dealing be-
tween merchants and landlords. The
landlord whose rent is essential to his
support, and the security of his estate
against confscation for taxes ought to
protect himself against fraudulent dealing
to deprive him of his rights by STIMULATING
in advance with his employees that their
accommodations shall be furnished
through him; or by an agreement with
the party who furnishes supplies that he
viii waive his privileges under the law
until the demand for rent is satisfied.
The Old DOEminiOm's Example.