Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-03-07
THE LIEN LAZY.

The following is the full text of the ellen
Law" which has been passed by the legisla-
ture:
To secure landlords and persons making ad-
vances.
SECTION 1. Be 1t enacted by the Senate and
House of Representatives of the State of
South Carolina, now met and sitting in Gen.
eral Assembly, and by the authority of the
same, That an act entitled "An act to amend
sections 56 and 81, chapter 120 of the revised
statutes, relative to liens on crops approved
June 8, 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 persons
who are employed or about to engage in the
cultivation of the soil, the person or persons
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
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. An
agreement in writing shall be entered into
before such advance is made to this effect, in
which shall be specified the amount advanced,
or in which a limit shall be fixed beyond
which the advances, if made, from time to
time during the year, shall 60.
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 ad-
vances have been made is about to sell or
dispose of bis CROP or in any other way is
about to defeat the lien hereinbefore provi
ded for, accompanied with statement of the
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
the said crop, and after due notice, sell the
same for cash and pay over the net proceeds
thereof, or 80 much thereof as may be neces-
sary, in extinguishment of the amount then
due: Provided, 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 Sher.
if, accompanied with an affidavit to this ef-
feet, that the amount claimed is not justly
due, that it then shall be the duty of the said
Sheriff to hold the proceeds of such sale SUBJ
iect to the decision of the court, upon an is
sue 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 d. That the above sections shall be
subject to the provisions of the following Sec
tions of this act.
Sec 5. That each landlord leasing lands
for agricultural purposes, shall have prior
and preferred lien for rent to the extent of one
third Of all crops raised on his lands, and en-
forcible in the same manner as liens for ad-
vances, which said lien for rent shall be valid
without recording or filing.
Sec 6. That every lien for advances and
for rent, when the agreement is for more than
one.third of the crop, shall be filed in the Of
fee of the Register of Mesne Conveyance for
the county in which the leinor resides, within
thirty days from the date of the lien, and said
lien for rent, over onethird of the crop, shall
thereby be made valid and he shall keep an
index of all such liens 8, filed, for each Of
which he shall receive fifteen cents from the
party fling the same, and this shall be suft-
cient record of the same.
Sec 7. That the first and third sections of
this act shall be and remain of force for one
year from the ratification thereof.