The news and herald. (Winnsboro, S.C.) 1877-1900, 1878-01-19
Liens on Crops.

to prevail concerning the scope Of
the Act of tho Legislature repeating
the lion law. The question hns been
asked whether the landlords lien
TO the oxtent Of one third Of tho
entire crop-may still be onforced.
A consideration Of tho different stat
utos on the subject will clear away
all doubt.
Tho act ropealing tho lien law is
as follows:
BE 1t enacted, etc, That Sections
55 and Sc, Chapter CXX.., uf tho
Revised Statutes, relative to liens
on crops, and all amendments thero-
to, are hereby repealed on and after
tho first of january, 1878, All Acts
and parts of Acts inconsistent with
this Act aro hereby repealed.
The sections referrod to in the
foregoing Act are rs follows
S65. If my person or persons
shall mako any advance or advances,
other in money or supplies to any
person or persons who arc engaged,
or about to engage, in tho cultiva-
ton oftho soil, tho person or per-
SONS 80 making such advance or
advances shall DO entitled to a lien
on tho crop which may DO mado
during tho yenr upon tho land in
the cultivation Of which the advances
30 made have boon expended, in
preference of all other lions, oxist~
ing or otherwise, to the extent of
such advance or advances Pro-
vtde0, m agreement in writing shall
be entered into before such advance
is made, to this effect, in which shall
be specified the amount to bo used,
or in which n limit shall bo fixed
beyond which the advances, if mado
from time to time during tho year,
shall not 60 !; which agrooment shall
be recorded in the Office of ths Reg>
istor of Mesne Convoyances for tho
county in which the person to whom
tho advances arc made resides
within thirty days from it's date.
Section 56 simply prescribos tho
method to be pursued by tho lienee,
in the enforcement of his rights
under the lien.
The Act under which landlords
have lien for their rent is as
follows:
Be st enacted, etc, That in all
cases where land is rented. other
for O. share of tho crop or for a
stipulated sum in money, or for SO
much cotton, corn or othor product
OF tho soil, tho land so rented shall
be deemed and taken to be an ad-
vance for agricultural purposes, and
the landowner, upon reducing the
contract of letting; to writing and
recording tho same, rs provided in
s55 Of Chapter 100 of the Revised
Statutes, shall have iien on the
crop which may be- made during tho
year upon the land, in preference to
all other lions, existing or other
wise, to nh amount not exceeding
ono-third of tho entire crop 80
produced, to be applied to the
satisfaction Of the rent stipulated
to be paid. In all such cases, the
landlord shall have all the ii ghts
according to persons advancing
money and other supplies, rs pro-
vided in 1865 and sc; of tho same
Chapter, to the extent of ono third
OF the crop rs above stated. (Stat-
"tes at Large, Vol. XIV, page 1857
1t will thus, be soen that tho
landlords lien is not created by the
sections repealed, but by a separate
and distinct statute. That statute
has reference to tho repealed, scc~
tions only SO far as tho latter pre-
scribe the methods to bo pursued
by the landlord in enforcing his
rights. The repeal OF theso Soc
tions, therefore, does not in anv
way impair the rights of landlords
to their lien on third of tho
crop. The statute creating such
lien remains intact. Nor does the
sweeping clause of the repeating
Aot of 1977--"That all Acts and
parts Of Acts inconsistent with this
Act are hereby repealed'-affect the
landlords lien. For the, Act