The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1876-08-16

tors, and lubOrcrs shall be witnessed
before ono or more disintcrcstcd
ipcrsons, and ut the request Of either
party. be duly executed before Il
/ Justice of the peace or magistrate,
whose duty it shall be to read and
explain the same to the parties
Such contracts shall clearly set
forth the conditions upon which the
lnhorer or laborcrs engaged to work
embracing the length of time, the
amount OF money to be paid and
when and if it bo on shares OF
crops, what portion Of the crop or
7 SIPS. The 81 section provides,
.SNat whenever laborcrs arc work.
ilG>SN shares of crops, or for wages
III mol.&y, or other valuable con
hlocratlons they shall have Il prior
hon upon Ss@l crop or crops, il.
whatsoever haSNs it may be. Such
portion OF the cvop or crops to
them belonging, or such amount of
money or other valllaNNe considcro-
tion due, shall be recoverable by m
action in any court of Competent
jurisdiction"
The sixth section rcpeals all Ncts
and parts Of ncts in any way con-,
bicting with such act
These were the only acts Of force
i'll 1871 in regard to the advance
for the cultivation OF crops, or pro-
vidinE, by way OF lien, for the
security OF luborers. The acts arc
Incorporated in the General STAT.
utcs, hut rs these were not adopted
until February 10 1872, they are
to be regarded as existing ut the
time OF their passage, without
modification, and unaffected by any
after provision in relation to them.
We are spared the necessity Of
deciding on the preference Of liens
under the acts, between tine parties
supplying the advances for aHricul
t',rul labor and the iaborcrs thcm-
selves, where The rcquisition of the
acts have been fully complied with.
If their conditions had been
strictly followed loy each of the
parties HOW asserting II priority, it
would have presented II question
not easily solvuhlc, and certainly
rcuuirjn" on the nort Of thn rnuri :.
worry mim,,r onI n;,c cy,,n;r,t;,,,
to ascertain whctbcr thc Trr;eloturn
intended by the NET Of 1SGG in rx
tend the lien in fuyo, Of thc n,rtv
advancing the money or supplies
bcyond tuc Interest," or sh,rr wh;rh
the person "cnuawed or nl,out in
enrupc in the cultivation of thr
soil" the recipient of such advances
might have in the crop which NAV
be Nude during the year. IL is clear
tnai the net OF 1868 referred to. and
WITS intended to app,v tn and nr,-
trct. by the preference unlnr IFS
third section, only such contracts rs
were contemplated by it's first sec
ton. These mnnifc*ilv were to be
in writing. and it is in,possiblc, look.
ing to the lanrunyc. to reach any
other conclusion. They arc To be
"witncSscI by one or more .lisintcr-
estcd persons. and ut the request
Of either purity be duly executed
before a Justice Of the peace or
magistrate, whose duty it shall be
to read and explain tLr somr +, thc
parties. Such conLrnct shall clrur|v
set forth the conditions upon which
the laborcr or lnhorcrs cnynmcd to
work, embracing the length of time.
tic amount of money to be paid,
and when and if it be on shares
of crops, what portion of the crop
or crops"
The requirement. OF their cxccu~
ton before Justice Of the peace or
magistrate, when rctulircd Inv cith
cr party, necessarily implies the
reduction Of their terms to writing,
and this is the more apparent from
the rcquisition that they shall be
read and explained by him, and the
further fact that the conditions are
to be clearly set forth in tho con-
tract. Where IL statute divcsts n
right it must be strictly construed.
and the party clniming its benefit
must bring himself within all the
terms and conditions, throurh
which nn advantage, to the prciu-