The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-14


E De returned, and like proceedings shall be had
: as IN case The tenant had replevied the goods
by giving bond as above provided. 1916
REPLEvIS By THIRD PERSON.
II the goods attached arr claimed by a third
person. ike proceedings shall be had a. above
provided. in case of replevin by the tenant
I3I7-I3Is
GENERAL PROVISIONS.
If return Of the papers IN case of the re-
wrong court, they shall he sterrei 10 the
proper court and the case be there proceeded
with, "a If had been there FIRST 1919.
II any person shall lease his .agd ami die,
. the rent toaccrue for the land during the year
eff such death shall be payable To the personal
/ repVe~e ataIIye OF Such deceic8t, who shall
/ have the same remedy therefor : the decedeut
would have had ii he had lived: ami the same
shall be assets IN MS hands l5Zl.
/ Sections 1858 and 1854. Code 1871. providing
/ for . jury trial in proceedings againsJ tenants
I holding over. are omitted. The 3rial is TO be
/ had IN such cases before tie magistrate, and
/ the ght 81 appeal given In ease OF unlaw-
! TAI entry and detaiuer. : I32O-l3f2
Section 1850, Code ISL. is SO amended a to
authorize the Circuit Court ar Judge in vaca-
tion 10 award a certiargri, and the following
clause in the first part OF that section is
stricken oJit- "but the proceedings shall not
he stayed or suspended. by such writ OF GER
horari, or Icy any other writ or order OF any
court or officer. 1913.
Forms given lor proceedings under this
Chapter, BIBLES.
CHAPTER 5I--CoNTRACTs TO ENCUlBER
GROWING CROPS.
sit shall be lawful for persons 70 make and
execute mortgages or deeds of trust upon
growing crops, or crops, to be grown within
fifteen months from the making of such mort
gage or deed of trust, which incumbranee Shall
be valid and binding upon the Interest of such
mort g0r or grautor IN sach crop, hut shall
not be, in any case, prior to the liens prov ded
for in An Act IN relation To landlord and
tenant and An Act in relation O the lien Of
employers and employees. 1883.
CHAPTER 52-LIEN OF EMPLOYER AND EN-
PLOYEE.
Every employer shall have a lien on the
share or interest of his employees in any crop
made @nder such employment for all advances +
of money, and Tor the fair market value of all E
other things advanced TO him or any one at +
his request, fer supplies for himself and his /
family and business during the existence Of z
such employment, which lien such employer .
may offset, recoup. or otherwise assert and
according to the eElEencV and &
every empIoye, laboTer crOpper. part owner or
other person, who may aid by his labor 10 make,
gather prepare fOt sale, or market any crop,
snail nave a Zen on me interest NI Ete person !
who con tracts with him for such labor, Tor his
wages or share or interest IN such crop what
ever may be the kind Of wages or the nature :
Of such interest; and such liens shall be para |
mount TO all liens or encumbrauces or rights |
Of any kind created by against the person
so contracting for such assistance, except the
lien of the lessor of the land on which the crop
is made, Tor rent and supplies furnished as
provided n the act IN relation to landlord and
tenant. 1860.
HOW LIEN Is CREATED.
said liens shall exist by virtue OF the rela-
ions of the parties as employer and employee
and without any writing OF recording 1861
PENALTY N AID OF LIEN.
Any person who with notice Of such lien,
ind with intent to defeat or impair It, shall
'emove from the premises ou which it was pro- ,
luced, or shall conceal or aid or assist 10 re-
move or conceal anything subject to such lien,
md upon which any other person shall have
uch lien, without the consent Of such person, {
hall, upon conviction, be punished by a fine
j not Il It more than five hundred dollars, and
y imprisonment in the county jail not more
han six mouths or by either such fine or i'm e
risonment-" Z 1872. c
ENFORCEMENT OF LIEN. I
ANY person having a lien as aforesaid, may /
lie before any justice of the peace OF the coun-
' in which NAV be found anything subject TO
Is lien, an afidavit describing such things, and
citing forth his claim thereto with an itemizeG /
ccoaut OF the particulars OF his demand and ,
-atiu. what persons. If any have an adverse "
aim to or interest in such things, and such J
Istice OF the peace shall issue q writ directed
} some person authorized to execute writs is =
ued by him, commanding him forthwith TO
elZe the thlugs described IN such attl iaylt,
nd to be described IN such writ, such OF
iem viii be sufficient to satisfy the demand
the plaintiff and ali costs. and To summon .
Il persons shown by tine ati Iayit To be inter- "
sted, to appear at the time fixed by such writ4 1
al answer the complaint OF the plaintiff. ~
The afiI may be filed in the Office Of the t
rcuit clerk aud the writ ISSUED by him where
e amount claimed is over one hundred and
'ty dollars but Justice Of the peace may IS b
Je the writ returnable before the circuit court ~
1864. -,
The writ shall be returnable before The JUS
ee Of the peace who issued it, or before some :"
her justice, if the amount claimed IS less OF
an one hundred and fifty dollars if more,
en- before the Circuit court. z 1865.
Before a justice of the peace the writ may V;
returnable at any time which viii give the o.,
posite party five days notice before trial. !,
the Circuit Court the writ may be executed "
any time before the first day of the term, ~
ID the case shall be triable at sucn term. 81
1866
If the writ shall be made returnable to the
'ong Court, the ease shall not be dismissed ,
T thereby affected, bur shall be transferred ~
the proper court AMI be there proceeded "a.
tb if IN 3Ia returnable there; and any "
nd given shall not be affected by such mis- 81
le, but it may he proceeded on in the proper I.
urt. 1891. ~
PROPERTY MAY BE RELIEVED. al
The defendant or any person interested may l.,
ye bond and replevy the goods, and thereupon
ia proceedings shall be had as in an action
replevin; "and any bond given shall enure -
the person in whose favor Judgment may be III
ZEN in such case, as ifitw was payable to such Ci
,son.7 1853. IL
DEMAND CONTESTED. Ia
Any person interested to contest the de- =,
nd of the plaintiff may on the return day -
he writ ii returned. any day before
rendition of final judgment in such case
statement IN writing, under oath. of his to
ence or claim, and the case shall be then VIII
ssue between sach parties, and shall be 81
I'd, as other cases IN such Court; and the IN
gment of the Court shall be framed 50 as TT
dust the rights OF the several parties be- 10
e the Court, a. 10 the subject mater of the
t, ana Judgment may be given against the
~ liable thereto for any amount. and for bu
sale of any goods in the hands of the off
and for any balance, not Obtained from pa
goods to be made by execution as in other it.
'rt may consider just 1863.
DEATH OF ACKNOWLEDGEMENTS
any party TO the suit shall die the same -
Il not abate but may be proceeded with as -
n civil cases. De
any party IS a nonresident or his where the
rs unknown, he may be proceeded against tel
4 attachment cases. Z 1870
APPEAL FROM JUSTICE COURT. IT.
n appeal may be taken from the iudgment M,