The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-11-24

AGssECULTURAL LIEN T.,~
SnsS of Laborer. Emnr
landlord and 1Ierchnpr

Inc purpose of this communications
20 present, in an ineligible form > -
sumo OF the law as 1T now exists in tn;
state pertaining to the right of person
concerned in agricultural confracts o.,
Inc several liens and their respectivs a.;
ofitles gwen by law, or contracts mo,
@ agr'cultcrnl product. pm
by an act adopted in 1872 -acts. 1879
page iol-Vit Is enacted that there sbal
De nrsf hen IN law upon all agricultural
! products to secure fba navr,or,
OF wages due for labor done. in the 80
ing, saving or transportation Of surh
agricultural products, and the secBritv ~
), SUCH lien Is given against all landlord
subTlesSorsy and all other nersons MT.
estedS ia'Astseh prod uetss0 1t lie aiao a~t..
Vlded that there shall be a first lien
upon all agricultural products. in favor
OF the employee as against every or
laborer employed by him for sjt,nIies
money, etc, advanced to such laborer
during such employment; :" and a sum.
mary mode for its enforcement Is oro-
Yided n sk4 Pi'
By an amendment 10 this act nassad
in 1873, page 10, like lien is given 70
the landlord, 1t being enacted that !" the
provisions OF the act of 1872, and of this
act, shall extend to and apply as well to
the interest or share OF the crop of the
landlord, for the rent of the land ON
which such crop may be raised, and such
interest or share of the crop shall not he
liable for any debt created or suffered by
any tenant, whether such debt be reduced
10 Judgment or not" Several questions
arising under these acts have been con-
strued by the Supreme Court in the fol-
lowing cases 4; Belts VS.. Ratlitf, Cayce vs..
Stoval, Arbuckle VS.. NeIms, and Buck
vs.. Paine q Ranes, all reported in 80
Miss. Reports.
The rights of the persons affected by
these laws, for the sake OF convenience.
will be considered in the following order:
First, OF the laborer; second, of the EN-.
| pIoyer; third, of the landlord; and,
fourth, of the merchants and other cred-i
itOrs.
4. The La6Orer-His Lien for Udqes.
The lien given to secure the wages of
the laborer under these acts, is a first lien
1t takes precedence, and is superior to
every other claim or incumbrance put
upon the crop by any contract of his
employer, or judgment rendered against
him. Every deed of trust or mortgage
made by the employer for any purpose is |
subordinated to this right of the laborer |
for his wages. This lien exists by opera
ton OF the law, growing out of the rela-
ton of the parties, as established by their !
contract and it is not necessary that the /
contract be in writing a simple verbal |
agreement of hire, fixing the relation of ,
employer and employee, creates, at the
same instant, this lien i'll favor of the
laborer
II. The Employer-His Lien for Sup
plies, Etc.-There is given likewise to
the employer a first lien upon the pro-
ducts grown by the laborer, for the pay
ment of all d" supplies, money, etc, add
vanced to the laborer, whether the contract
be for money, wages or a share Of the crop.
Practically, therefore, this lien is only
Ope rative when the contract of hire
is for a share of the crop; for if the
wages be payable in money, there are no
products of the laborer upon which this
lien can attach but in that case, he
would have the benefit Of an offset, of
the advances made, as against the wages
due.
This lien of the employer for ''sup-
plies, etc, !" like that of the laborer, is
paramount to all demands that may be
asserted against the lahorer's share of the
crop; and cannot be defeated by any
mortgage or other incumbrauce, exc
cuted by the laborer, either before or
after the date of his employment, nor by
any Judgment creditor of the laborer.
III. Tie Ldndi0rd-His Lien for Rent.
The lien above discussed was first en-
acted, exclusively for the benefit of the +
employer and laborer, technically as
such. Afterwards by the act 1878, as
quoted above, it was extended so as to
include in its provisions "the interest or
share of the crop of the landlord for the
rent of the land on which said crop may
be raised" This, too, is first lien as
against the tenant, and all the tenants
creditors, to the same extent as that for
''wnges" and supplies as given above,
and with like remedy for its enforcement.
From the language of this act of 1873,
giving to the landlord a lien for rent, 1t
would seem to be confined to contracts
where the rent is payable in an interest
or share of the crop And it is, therefore,
a question of doubt, if the landlord has
any lien, By law, if the rent be payable
in money. The language of the law,
taken By itself, is certainly against HIM,
though the intent Of the law, upon this
point, is open to construction.
Again. unlike the lien of the employ
er. the landlord under this law, has no
lien for supplies etc., furnished to
tenant. 1t only extends to rent. To as
certain whether the lien for supplies at
taches, it becomes important, therefore,
to determine, in this connection, whether
by the terms of the contract, the rela-
ton CT landlord and tenant exists, or that
of emploger and employe a discussion
of the nicer distinctions, sometimes
Necessary to determine the question, as
to what relation is established by given
contract, is not within the scope of this
article but, generally, contract by
which so much money is to be paid tor
the use of the land, or a definite number
of bales, or pounds of cotton per acre,
makes the parties landlord and tenant.
But if the contract be that the landown-
err is to receive proportion of the crop
for the use of the land, as for instance,
one fourth, or whenever they become
tenants in common as to the crop
raised. then the relation of landlord and
tenant does not exist, and the landowner
would have his lien for supplies. Two
unsettled questions, as to the priorlues
of these liens, as against each other, pre-
sent themselves. The first, as between
the lien of the employer for supplies,
asserted against share OF the crop OF
the Iaborer, and the lien for wages
against the crop, asserted by those hired
hy the first laborer. The second Is, rs I