The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-01-27

all agricultural lien under the provi.
sions Of the Act of 4th March, 1873
16 Stat, 40. This agreement, bear.
| ing date 18th January, 1879, was re-
ccivcd III the Clerks office on the It'll
January, 1879, and so marked and was
indcxcd by the names of tho parties
the amount Of tho advances and tho
date Of its entry in that Office; but, as
soon as it was indexcd, it was taken
out Of the Office by the plaintiff. and
remained in his possession until tho
trial IN the Court below.
Several questions were raised in the
progress Of the case in the trial JUS
tice's court, and then in the Court OF
Common Pleas Oh appeal, all of which
are finally disposed Of by the Supreme
Court, after u careful consideration of
the same.
The following are the principal:
Does the lien provided for by the
Statute invest the lience with such a
right Of possession in the property
covered by the lien as would entitlc
him to recover the value Of such prop
crty from All innocent purchaser who
had previously disposed Of it2
Was the entry of the agreement in
The Clerks Office and indcxing it a
sufficient compliance with the Act, or
was it necessary that the paper should
remain on file in the office?
The Supreme Court decides: An
agricultural lien, rs it is commonly
called, is the creature of the Statute,
and to ascertain its nature and the
rights which it confers resort must be
had to the terms of the Statute. The
Statute does not purport to give to
such paper the incidents Of q chattel
mortgage. 1t does not confer upon
the licnce the right to The possession
OF the property covered by it, even
after default and while the property
still remains in the possession Of the
lienor, and certainly not while it is in
the possession Of an innocent Dur-
chaser. SO far from authorizing the
licncc TO seize the property covered bv
the lien, even after default, the Statute
expressly provides that such seizure
shall be made by ali officer Of the law
under a warrant issued by another
officer. The remedy provided by the
Statute contclnplatcs no change in the
title, but prcsupposcs the continuance
of the title in the licnor, subject to the
lien, until it is transferred by the exc
cution Of the process Of the law, lust
as III the case Of property covered by
the lien Of Judgment or execution,
the title to the property remains in
the Judgment debtor until it is trans
ferred by a sale under process of law,
and one, who purchases from the iudg-
ment debtor takes subject to the lien {;
which follows the property into whose
soever hands it may go, but the pur-
chaser after he has disposed Of it can-
not be made liable for the value of the
property or for the proceeds Of its sale.
And though there may be certain
words III the agreement which might
otherwise give it the effect of a Chat
tel mortgage, the paper not having
been recorded in the manner in which
mortgages are required to be recorded,
cannot be sustained as chattel mort
gage.
According to the requirements of
the Act the agreement should not only
have been entered AID indexcd, but
fied in tho Clerks Office. a paper is
said TO be filed when it is delivered to
the proper officer and by him received
to be kept on tile. The Court docs not
fecfat liberty to give judicial sanction
to an allegca prevalent practice in this
State to take papers from the Clerk S
office after they have been marked
filed therein. When papers are placed
on file in a public Office they become
public records, open to the inspection
OF the public, under proper rcgula-
tons but if private individuals are at
liberty to remove them whenever they
sec fit, they necessarily lose their char
actcr as public records. They are III
the custody Of the officer in whose
office they are filed, and he is response
bic for them. If he chooses to allow
individuals to remove the originals
rather than to require them to procure
copies, that is matter Of mere favor,
and not Of right. An innocent third
party cannot be made to suffer for neg
iect OF duty on the part Of public
officer.
Judgment below affirmed. Opinion
by McIver, A. j.
NV EHtHJga,ShunsSs q, ny