The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-03-07
The New Lien Law.

The following bill, which has finally
passed both houses, and only waits to be
signed, is of much importance to the
people of the State at large:
AN ACT to secure Landlords and Persons
making Advances.
SECTION l. Be it enacted by the Sell
ate and House of Representatives of the
State of South Carolina, now met and
sitting in General Assembly, and by the
authority of the same, That an act entl-
tied an act to amend Sections 90 and 81,
Chapter 12O of the Revised Statutes,
relative to liens on crops, approved June
9th, 1877, be and the same is hereby re-
pealed- :,
SEC. 2. IF any person or persons shall
make any advance or advances either in
money or supplies to any person or per:
soma who are employed or about to en-
gage 10 the cultivation of the soil, the
person or the persons SO making such ad-
vance or advances ssiall be entitled to a
lien on the crop which may be made du-
ring the year upon tho land in the cultl-
walton Of which the advances so made
have been expended in preference of all
other liens existing or otherwise to the
extent of such advance or advances !;
Provided, an agreement in writing shall
be entered into before such advance
made to this effect in which shall be
specified the amount b, be advanced, or
in which a limit shall be fixed beyond
which the advances, If made from time
to time during the yesr, shall not co.
SEC. 8. If any person making such ad-
vances shall make an affidavit before the
Clerk of the Court of The county in which
such crop is, that the person to whom
such advances have been made is about
to sell or dispose of his crop, or in any
other way is about to defeat the lien
herein5efore provided for, accompanied
with statement of the amount then due,
it shall be lawful for him to issue his
warrant, directed to any of the sherifs of
this State, requiring them to seize the
said crop, and after due notice sell the
same for cash, and pay over the net pro-
ceeds thereof, or so much thereof as may
be necessary, in extinguishment of the
amount then due; Provided, howeuer,
That if the person to whom such advances
have been made shall, within thirty days
after such sale has been made, give no.
tice in writing to the sheriff, accompanied
with an affidavit to the effect that the
amount claimed is NOT justly due, that
then it shall be tho duty of the said
sheriff to hold the proceeds of such sale
subject to the decision of the Court, upon
an issue which shall be made up and set
down for trial, at the next succeeding term
of the Court Of Common Pleas for the
county in which the person to whom such
advances have been made resides, and in
which the person who makes such ad-
vances shall be the actor.
SEC. A. That the above sections shall
be subjected to the provisions of the fol-
lowing sections of this act:
Sec. 5. That such landlord leasing
lands for agricultural purposes shall have
prior and preferred lien to the extent
of one-third of all crops raised on his
lands, and enforcible in the same manner
as liens for advances, which said lien for
rent snail Dc Vallu HltnouI ieCoiuiuS Va
filing.
SEC. 6. That every lien for advances
and for rent, where the agreement is for
more than one-third of the crop, shall be
filed in the Office of the registrar of mesne
conveyance for the county in which the
lienor resides within thirty days from the
date of the lien, and said lien for rent
over one.third of the crop shall thereby
be made valid, and he Shall keep an in
dex of. such liens SO filed, for each OF
which he shall receive fifteen cents
from the party filing the same, and this
shall be sufficient record of the same.
SEC. Z. That the first and third sec
tions of this act shall be.and remain of
force for one year from the ratification
tharenf