The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1878-01-29
Liens Oh Crops.

COUc uiHcIenCc VI Opihiou 'CSibo w
prevail concerning the scope Of the Act
Of the Legislature repeating the lien
law. The question has been asked
whether the landlords lien-to the ex-
tent Of onc-,hird Of the entire crop
may still be enforced. a consideration
of the different statutes on the subject
will clear away all doubt.
The act repeating the lien law is a,
follows:
That Sections So and 56, Chapter
CXX, OF the Revised Statutes, relative
to liens on crops, and oil amendments
thereto, are hereby repealed on and af-
ter the first of January, 1873. All
Acts and parts of Acts inconsistent with
this Act are hereby repealed"
The sections referred to in the forego
ing Act are as follows:
Sec. 55. "If any person or persons
shall make any advance or advances,
either in money or supplies to any per-
son or persons who are engaged, Of
about to engage, in the cultivation or
the soil, the person or persons so ma
king such advance or advances shall be
entitled to lien ON the crop which
may be made during the year upon the
land in the cultivation Of which the ad-
vanccs so made have been expended, in
preference of all other liens, existing or
otherwise, to the extent of such advance
or advances Proriled, an agreement
10 writing shall be entered into before
such advance is made, to this effect, in
which shall be specified the amount to
be used, or in which limit shall he
fixed beyond which the advances, if
from time to time during the year, shall
not 90; which agreement shall be re-
corded in the Office Of the Register Of
Mesne Conveyances for the county in
which the person to whom the advances
are made resides, within thirty days
from its date"
Section sc simply rrescribcs the
method to be pursued BY the lienee, in
the enforcement of his right under the
lien.
The Act under which landlords have
lien for tier rent is as as follows:
"That in all cases where land is rented
either for n share of the crop or for
stipulated sum of money, or for so much
cotton, corn or other product of the
soil, the land SO rented shall be deemed
and taken to be an advance for agrlcul-
tural purposes. and the landowner, upon
reducing the contract of letting to wri-
ting and re cording the same, as provi-
ded in S55 Of Chapter 100 of the Re-
viscd Statutes, shall have lien on the
crop which may be made during the
year upon the land, in preference to all
other liens, existing or otherwise, to an
amount not exceeding one-third Of the
entire crop so produced, to be applied
to the satisfaction of the rent stipulated
to be paid. In all such cases, the land
lord shall have all the rights according
persons advancing money and other
supplies, as provided in SS55 and Sc of
the same Chapter, to the extent of one
third of the crop as above stated. (Stat-
utes Mt Large. Vol. XIV, page 799."
1t will thus be seen that the land
lords lien is not created by the sections
repealed, but by separate and distinct
statute. That statute has reference to
the repealed sections only so far as the
latter prescribe the methods to be pur-
sued by the landlord in enforcing his
rights. The repeal Of these sections,
therefore, does not in any way impair
the rights of landlords to their lien op
onc-third of the crop. The statute
creating such lien remains intact. Nor
does the sweeping clause of the Act of
,S77-"That all Acts and parts Of Acts
inconsistent with this Act are hereby
rcpcaled'-afTect the landlords lien.
For the Act creating that lien is nowise
inconsistent with the provisions Of the
Act Of 1877. The only connection be-
tween tho Act giving landlords lien
and the sections of the Revised Stat
utes providing lien for advances is
that the remedies provided in the latter
arc made applicable the former