The news and herald. (Winnsboro, S.C.) 1877-1900, 1878-03-05
TIL e NEW LIEN LIJV.
An Act to Secure Landlords and Per-
sons Making Advances.

The following is the full text of
the lien law just passed by the
Legislature and approved by the
governor !.r
SECTION. 1. BE II cuterteT by the
Senate and House of Representa-.
tlvcs Of the State of South Carolina,
now met and sitting in General
Assembly, and by the authority of
the same, That an act entitled can
act to amend sections sc; and 81,
chapter l2O of the revised statutes,
relative to liens on crops, approved
June s, 1877, bo ard the same is
hereby repealed.
SEC. 2. II any person or persons
shall make any advance or advances,
! either in money or supplies, to any
person or persons who are employed
or about to engage in tho cultiva-
ton of the soil, the person or per-
sons so making such advance or
advances shall be entitled to lien
on the crop, which may be made
during the year upon the. land in
vances so made have been expend-
cd, In preference of all other liens
existing or otherwise, to, the extent
OF such advance or advances: Pro-
oided, An agreement in writing
shall be entered into bafore such
advance is made to this. effect, in
which shall be. specified tho amount
advanced, or in. which limit shall
be fixed beyond which the advances,
if made, from time to time. during
the year shall go.
/ Sec. 3. If ANY person making
such advances shall make an attid
vit before the clerk of the court of
the county III which such crop is,
that the person to whom such ad
vances have been made is about to
sell or dispose Of his crop, or in
any other way is about to defeat
the lien hereinbeforc provided for,
accompanied with u statement of
tho amount then due, it shall be
lawful for him to issue his warrant,
directed to any Of the sheriffs OF
this State, requiring them to seize
tne said CROP, and after due notice,
sell the same for cash and pay over
the net proceeds thereof, or so
much thereof as may be necessary,
in eXtinguishment of the amount
then due: Provided, howcUen; That
If the person; to whom such ad~
vances have been made shall within
thirty days after such sale has been
made give notice in writing to the
Sheriff. accompanied with an
affidavit to this effect, that the
amount claimed is not Justly due,
that it then shall be the duty of the
said Sheri&to hold the proceeds Of
such sale, subject to the decision of
tho court. upon the 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, in which the person
who makes such advances shall be
the actor.
SEC. 4. That the above sections
shall be subjected to the provisions
OF the following sections Of this
act.
| SEC S. That each landlord leasing
lands for agricultural purposes
shall have q prior and preferred
lien for rent to the extent Of one
third Of all crops raised on his
lands, and elhforcible in the same
manner as liens for advances, which
said Lien for. rent shall be valid
with recording or filing.
Sec. 6. That every lien for ad
Vlnces and for rent, when the
agreement is for more than one>
third of the crop, shall be filed in
the Office of the Register of Mesne
Conveyance for the county in which
the lienoE resides, within thirty
days from the date 5of;the lien, and
said lien for rent over one-third
Of the crop shall thereby be made
valid; and he shall Keep an index
of all 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. tt
Scot. That the first and third
sections of this act shall be and
remain offorce for one year from
the ratification thereof. 'l
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