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

lords and persons making advances" of
March, 1878, with the exception Of the
seventh section, so that it now reads as
follows:
SECTION l. Be 1t 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 an Act enti-
tied "An act to amend Sections IS and Sc,
Chapter CXX, of the Revised Statutes,
relative to liens on crops" approved
June 8. 1877, be, and the same is hereby,
repealed.
Sec. 2 Ifany person or persons shall
make any advance or advances, either in
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 so making such ad-
vance or advances shall be entitled to o
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 {:
Provided, An agreement in writing shall
be entered into before such advance is
made to this effect, in which shall be
specified the amount to be advanced, or
in which limit shall be fixed beyond
which the advances, if made, from time
to time during the year, shall not go.
SEC. 8. If any person making such
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 hereinbefore 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 Sher-
ifs 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: Procided, hogever,
That if the person to whom such advan-
ces have been made shall, within thirty
days after such sale has been made, give
notice in writing 10 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. f. That the above Sections shall
be subjected to the provisions of the fol-
lowing Sections of this Act.
SEC. S. That each landlord leasing
lands for agricultural purpose shall have
prior and preferred lien for rent to the
extent of one third of all crops raised on
his lands, and enforcible in the same
manner as liens for advances, which said
lien 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 ofths crop, shall be
filed in the Office of the Register of Mesne
Conveyance for the County in which the
ienor resides within thirty days from the
date of the lien, and said lien for rent
over one-third the crop shall there.
by be made valid ; and he shall keep an
index of all such liens so filed, for each
of which he shall receive fifteen cents
from the party filing the same, and this
shall be q sufficient record of the same.
The second is new Act entitled can
Act for the further protection of land
lords in the collection of rents" approved
December 23d, 1878, and is as follows:
BE it enacted by the Senate and House
of Representatives of the State of South
Carolina, now met and sitting in Gener-
al Assembly, and by the authority of the
same:
SECTION /. That the lien provided for
by an Act entitled "An Act to secure
landlords and persons making advances" !"
approved March +, 1878, shall extend to
all crops raised on the lands leased by
the landlord, whether the same be raised
by the tenant or other person.
Sec. 2. That subject to the liens pro-
vided for in said act and enforcible in the
same way as therein provided, the land
lords shall have lien on all the crops
raised by the tenant fer all advances
made by the landlord during the year.
SEC. 3. That in case any portion of the
crop is removed from the land rented or
leased, and the proceeds thereof not ap-
piled to the payment oil the rent for the
year, or other liens provided for in said
act and in this act, and this fact shall be
made to appear by affidavit, persons hold
ing liens as 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
the same way as it 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 Of the 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. 1t
is not necessary for him to record any
lien for either rent or advances, and his
claims for both come in ahead of the
claim Of any other persons. 1t is, how
ever, proper that he should have writ
ten contract with his tenant, stating the
amount Of rent and the amount beyond
which his advances shall not 60, and
then he must keep an itemized account