The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-01-02
THE LIEN Law OF 1872
CHAPTER CyH.
AN ACT TO receive the payment of wages
for labor and liabilities for supplies.


for labor and liabilities for supplies
SECTION l. Be il enacted by the Legisia-
ture of the State of Mississippi, That there
shall be first lien in law upon all the agrl-
cultural products raised in this State, to re-
ceive payment of any wages that may be
due for labor done. in the raising, handling,
saving or transportation of such agrieuitur-
al products, and the person or persons 10
whom snch wages shall be due. shall have
the security OF such lien as against all
landlords, sub-less0rs. and all other persons
interested in such agricultural products.
SEC. 2. Be it further enacted, That when
any person, or his or her attorney, or agent,
shall make affidavit before any Justice OF
the Peace. of the amount of his or her de-
mand for wages, and specifying the quanti-
~, and kind of labor done, the land and
premises on which the same was done, the
name of the occupant OF said land, and the
names of all other persons having or claim
ing any interest in the proceedings. togeth-
er with a description of the kind and guam
tity of agricultural products to be subjected
to the lien, it snail be the duty of such JUS
/ tice to issue writ of seizure and summons
directed to the Sheriff, or Constable, or
other person specially deputied to execute
the same, commanding him to seize such
agricultural product, much thereof as
| shall be sufficient to pay the eomplainant'S
demand and all costs, and to safely hold the
same, so as to have it subject 20 the further
order of said Justice, and commanding the
| officers to summon the persons in posses
sion of said products. and all other persons
| named in said mplaint as defendants, and
the person occupying said land and prem
ises, to app, ar before such Justice, OH cer-
| tain day therein named, and show cause, If
| any they have or can, why such products or
so much thereof as shall be sufficient for
| that purpose, shall not be sold TO satisfy such
| claim, and all costs.
| SEC. 3. Be it further enacted, That imme-
diately on the receipt of said warrant, it
shall be the duty of the officer receiving the
! same. to seize and take into his possession.
1 the property and summon the persons as
/ therein directed, and to make due returns
| thereof; Provided, always, That the parties
/ may by mutual consent, in writing endors-
| ed on said warrant, settle and compromise
all controversy, by paying all costs.
| SEC. 4. Be it further enacted, That on or
| before the day of trial, the complainant
| shall file before the Justice, brief and sub
| stantial statement of his or her claim,
| companied by bill of particulars, and any
articles of agreement, or memorandum of
| the original contract, or Il copy thereof if
in his possession; and the defendant or de-
| PENDANTS may file an answer thereto, and
may deny the compliments statement, or
any part thereof, or plead payment, set-off,
| limitation, or any other defense good at
| law, in like brief and substantial form; and
/ no technical formality shall De necessary in
either statement; but the cause shall then
| be at issue, and either party shall be allow
| ed to amend the pleadings or other papers
/ on record at any stage of the proceedings
on the most liberal terms consistent with
substantial Justice.
| SEC. 5. Be lie further enacted, That the
| parties shall be allowed process for witness
! ses, and the right OF continuance for suffi-
| cient cause, as in other cases; and il either
| party demand jury, the case shall be
| tried by jury ofcom petent jurors; and the
| verdict of the jury and judgment of the
| court shall be rendered, substantially in the
same manner as in common law trials in the
| Circuit Court, so far as may be applicable.
| SEC. 6. Be it further enacted, That either
party being dissatisfied with the verdict
| and Judgment may have an appeal of writ
OF error, or certt0rGr3 to remove the cause
| from the Justices Court. 10 the Circuit
Court of the county; Provided, Affidavit of
good faith and no desire to delay, De first
filed by the party claiming this right; And
Provided, The party claiming such right
shall execute bond with good and sufficient
security, in double the amount of the judg-
ment of such Justice, payable to the adj
verse party, conditioned that the obligors
shall abide the judgment OF the Circuit
Court, on trial of the cause in that
SEC. Z. Be it further enacted, That the
Circuit Courts on appeal, or writ of error,
or certt0rdri, shall hear and decide the
cause according to the principles aGd rules
of appellate courts, or de n0ro, the nature
of the case shall require, and correct errors,
order a new trial before the Justice on
terms, or reverse or affirm the Judgment or
proceedings of said Justice, in whole or in
pies of right and justice.
SEC. s. Be it further enacted, That If no
appeal, writ of error, or certt0rGri, be taken
within three days from the renditions of
| judgment, the Justice shall proceed, if the
verdict and judgment be for the complain
ants issue, his writ of sale (Uenditi0Hi er-
ponas) for the sale of property seized in ac-
cordance with the complaint, and the same
shall be sold in like manner, and upon like
notice, as in sales of property under execu-
ton from Justices Courts; and if such
| Judgment be for the release of the property
to the defendant, the Justice shall give
Judgment for the release OF the property to
the defendant, and against the com plainant
| for cost.
SEC. 9. Be it further enacted. That the
| jurisdiction OF Justices of the Peace, under
this Act. shall extend to all cases whatever
| in which the wages claimed shall not ex-
ceed the sum of one hundred and fifty dol
| lars, exclusive of interest; and in all cases
| in which the amount shall exceed one hun
| dred and fifty dollars, the warrant provided
| IN the second section OF this Act, shall be
made returnable by the Justice to the Cir
| cult Court of the county, in which the
property may be, or OF the county, in which
the lasor shall have been performed. AS the
complainant may elect; and the same pro-
ceedings shall be had as is hereby provided
| for in Justices Court, and the decision of
| the Court shall be final.
| SEC. 10. Be it further enacted, That there
| shall be also, first lien on all agricultural
!
every employer, against every laborer
employed by him, in the production thereof,
| for all provisions, clothing. and necessary
| plantation supplies, advanced or furnished,
| and for all money furnished for the pur-
chase of the same, for and in behalf of such
| laborer, while SO employed, to be enforced
and collected in the same manner, and with
| the same penalties in all respects, as is pro-
| vided in this Act, for the enforcement and
| collection OF wages due to laborers; and the
same of like proceedings. SO far as they are
| applicable. shall be had for the enforcement
/ thereof.
| SEC. IL. Be it further enacted, That il any
| person shall knowingly sell, or remove any
| agricultural product subject to any lien,
under the provisions OF this Act, without
| having first fully paid up and satisfied such
| lien, such person shall be deemed guilty of
| misdemeanor, and on conviction thereof,
| shall be fined not less than the value of the
| property so sold or removed. and imprison-
| ed in the county Jail not less than Que nor
more than three months.
| Sec. Il. Be it further enacted, That for
| all labor performed, not in raising a crop,
and for which there is no lien provided in
the foregoing sections of this Act, there
shall be execution issued upon judgment
rendered. witi1Out exemption, and nothing
in any Act heretofore passed, shall prevent
| the executing officer to whom such execu-
1 ton is delivered from 1evying the same
upon any property the defendant may have
/ or own.
SEC Is. Be it further enacted, That it is
| the sense of this Legislature that all con-
tracts heretofore entered into under the
prov siOns of an Act entitled ian Act for
| the encouragement of Agriculture" APPROX
ed February 18th. 1867. are valid.
SEC. Ia. Be it further enacted, That the
lien hereby created shall take precedence
| and priority over rent, and every other
| species of lien and this Act shall be con-
| sCrued in the most liberal manner for the