The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-01-16

year very general inquiry as to the
pro. lions Of the lien law. There were
two acts passed by the late session of the
Legislature. The first Of these rc-enacts
the law entitled Gan Act to secure land
lords and persons making advances" of
March. 1878, with the exception OF the
seventh section, so that it now reads ms
follows:
SECTION l. he ii enacted by the Senate
and House Of Representatives Of the
State Of South Carolina, now met and sit
ting in General Assembly, and by the
authority of the same, That m Act enti-
tied "An act to amend Sections SIS and Sc.
Chapter CXX, of the Revised Statutes.
relative to liens on crops" approved
June 8. 1877, be, and the snme is hereby.
repealed.
SEC. / any person or persons shall
make any advance or advances, either i'm
money or supplies. to any person or per-
sons who are employed or about to en-
gage in the cultivation of the soil, the
person or persons 80 making such nd
vance or advances shall be entitled to n
lien on the crop which may be made du-
during the year upon the land in the
cultivation of which the advances so
made have been expended, in preference to
all other liens existing or otherwise, to the
extent of such advance or advances
Horided, An agreement in writing shall
be entered into before such advance is
made To th;. effect, in which shall he
specified the amount TO be advanced. or
in which limit shall be fixed beyond
which TIC advances, if made, from time
to time during the year, shall not go.
SEC. 3. If any person making sucl,
advances 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 hereinbef0re provided for, accompa-
MED with statement Of the amount then
due, it shall be lawful for him to issue
his warrant, directed to any of the Shcr-
Ills 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 so much thereof as
may be necessary, in extinguishment Of
the amount then due: Ir0riReti, however
That if the person to whom such advan-
ccs have been made shall, within thirty
days after such sale has been made. give
notice in writing to the Sheriff accom-
panied with an affidavit to this 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 Cour.
upon an issue which shall be made up
and set down for trial at the next sue.
ceeding 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
&c subjected to the provisions of The fol-
lowing Sections of this Act.
SEC. S. That each landlord leasing
lands for agricultural purpose shall have
o prior and preferred icn for rent to the
extent of one third of all crops raised OF
his lands, and enforcible in the same
manner rs liens for advances, which saiC
zen sha' be valid without recording oi
filing.
SEC. G. That every lien for advance.
and for rent, when the agreement is fo,
filed in the Office Of the Register of NIesn,
Conveyance for the County i'm which tht
lienor resides within thirty days from tht
date of the lien, and said lien for rem
over one-third the crop shall there
by be made valid and he shall keep ar
index of all such liens so filed. for eacl
of which he shall receive fifteen cent.
from the party filing tho same, and thi
shall be sufficient record of the same.
The second is new Act entitled "Ar
Act for the further protection of land
lords in the collection Of rents," approved
December Esd, 1878, and is as follows:
| Be IL enacted by the Senate and Hous,
OF Representatives OF the State of Soutl
Carolina, now met and sitting in Gener
al Assembly, and by the authority of til,
same:
SECTION /. That the lien provided fo
by an Act entitled "An Act to secur,
landlords and persons making advances.
approved March 4, 1873, shai! extend /.
all crops raised on the lands leased b,
the landlord, whether the same be raiseT
by the tenant or other person.
SEC. 2. That subject to the liens pro
vided for in said act and enforcible in tn,
same way as therein provided, the land
lords shall have lien on all the crop:
raised by the tenant for all advance,
made by the landlord during the year.
SEC. 8. That n? case any portion of the
crop is removed from the land rented OF
leased, and the proceeds thereof no. no.
piled to the payment Of the rent for tile
year, or other liens provided for in said
act and in this act, and this fact ehall be
made to appear by affidavit, persons hold.
ing liens rs provided Tor by said act and
under this act shall have the right to
proceed to collect the amounts which
will become due for rent or advances in
tho same way as if the same had be.
come due according to contract before
such removal.
From this it will be seen that the land.
lord has lien on all o. crops grown
upon the land he rents for The amount
due him on rent, and also for any ad.
vances he may make to the tenant. II
is not necessary for him to record any
lien for either rent or advances, and his
claims for both come in ahead of tho
claim fany other persons. It is. how
ever, proper that he should have q writ
ten contract with his tenant, stating the
amount or rent and tho amount beyond
which his advances shall not go, and
then he must keep an itemized account