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 tho
people of the State Mt large:
AN ACT 70 secure Landlords and Pehons
making Advances.
SECTION 1. BE it enacted by the Sen
ate and House of Represt ntr.ives of the
State of South Caroline. now met aud
sitting in General Ass ss.mbly, and by the
authority of the same, That an act enti-
tied MI act 10 amend rctions SO and 81,
Chapter l20 Of the IL, ,sed Statutes,
relative TO liens on crops, approved June
9Th, 1877, be and the same is hereby re-
pealed.
DEC. z. lt any person or persons shall
make any advance or advances either in
r,oney or supplies to any person or per:
soma who are employed .'v about tn en-
gage in the cultivation If the soil the
person or the persons SD making such ad-
vance or advances sl,yil be entitled to a
i,,n on the crop which may be made du-
ring the year upon tho land in the culti-
vation of which the advances 10 made
have been expended III preference of all
other liens existnt 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 to be advanced, or
in which a limit shall be fixed beyond
which the az iances, if made from time
10 time durirg the year shall not go.
SEC. 8. y any person making 5;ivh 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
hereinbefore provided for, accompanied
with statement Of the amount then due,
< shall be lawful for him to issue his
warrant, directed to any of the sherifIs of
this State, requiring them to seize the
raid crop, and after due notice sell the
same for cash, and pay over the net pro-
ceeds thersof, or so much thereof ms may
be necessary, in extin5uishmcnt of the
amount then due; Prcrided, howerer,
have been made shali, 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 the 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. 4. That the above sections shall
be subjected to the provisions of the fol-
lowing sections of this act
SEC. s. That such landlord leasing
lands for agricultural purposes shall have
a prior aud preferred lien to the extent
Of one-third of all crops raised on his
lards, and enforcihle in the same manner
as liens for advances, which said lien for
rent shall bo valid without recording or
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 80 filed, foT each Of
which he shall receive fifteen cents
from tho party filing tho same, and this
shall be sufficient record Of the same.
SEC. z. That the first and third Sec
! tions Of this act shall DO and remain of
force for one year from the ratification
| thereof