The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1878-03-20
The Lien Law.

An Act to. secure landlords and persons max
Ing advances.
SECTION /. Be 1t enacted by the Senate and
House OF Representatives Of the estate Of South
Carolina, now met and sitting In General
Assembly, and by the authority Of the sumo,
That an Act entitled IAN Act to amend sec.
tons S. and So, chapter 40 Of the Revised
Statutes, relative to liens on crops, approved
June s, 1877, be and the same is hereby repeal
ed.
SEC .. If any person or persons shall make
n advance or advances, eithcrin money or
supplies, to any person or persons employed.
or about to engage in the cultivation OF the
soil, the person or persons so making such ad-
vance or advances, shall be entitled to q lien
on the crop. which may be made during. the
year upon the land In the cultivation 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, al agreement In writing
shall be entered into before such advance Is
made 10 this effect, in which shall be specified
the amount to be advanced, or IN which .
limit shall be fixed beyond which the ndran-
ces, II made, from time to time. during the
year, shall not 60.
SEC. ,. Ifany person making such advances
shall make un affidavit before the Clerk Of the
Court OF the County In which such crop IN,
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 herein before provided for, acconlpa-
MED with q statement, OF the amount then
due, 1t shall be lawful for him to issue his war;
rant, directed to any Of the Sheriff's in this
State, requiring them to seize the said crop,
and, and, after due notice, sell the same for
cash and pay over the net proceeds thereof, or
50 much thereof rs may be necessary, in cx-
tinguishment of the nmohnt then due: Pro-
vided, however. That If the person to whom
such advances have been made shall, within
thirty days after such sale has been made,
give notice IN writing to the Sheriff. accom-
panied will the affidavit to this effect, that
the amount clnimed Is not Justly du1, that
then 1t shall be the duty Of the said Sheriff
to hold the proceeds Of such sale, subject TO
the declsi OH 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
made resides. in which the person who makes
such advances shall be the actor.
SEC. A.. Tia the above sections shall be
subjected to the provisions Of the following
SECS s. That each landlord leasing lands fer
agricultural purposes shall n a prior and
preferred lien for rent to the extent OF one
third OF all crops raised on his lands. and en-
vances, which said lien for rent shal be valid
without recording or hliRg. ... b.
SEC. Q. That every lien for advanccsand for
rent, which the agreement is for more than
onc-third Of the crop, shall be filed In the Of
flee of the Register Of Mesne Conveyance for
the county in which the llenor 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
index Of oil such liens so filcd,'for each OF
which he shall receive fifteen cents from the
'pnrty filing the same, and this shall be spfi-
Client record Of the same.
SEC. = That the first and third sections OF
this Act shall be md remain Of force for one
year from the ratification thereof.
Approved March 4th. 1878.