The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1886-01-05
THE PRIORITY LIEN LAW.

INC l0llOWlnE Is n context OF the
Act amending the Lien Law
SECTION l. That from and after the
passage Of this Act the landlord shall
have a lien upon the crops Of his ten
ant for his rent in preference to all 9th
aer liens. That laborers who assist in
making any crop shall have a lien there
ON to the extent Of the amount due
them for such labor next in Priority to
the landlord, and as between such la
horers there shall be no preference.
That all other liens for agricultural sup
plies shall be paid next after the salts
faction of the liens Of the landlord and
the laborers, and shall rank in other re-
spects as they do now under existing
laws. ,
SEC. 2. That no writing or recording
shall be necessary to create the liens OF
the landlord, but such liens shall exist
from the date Of the contract, whether
the same he in, writing or verbal.
SEC. 8. That all Acts and parts al
Acts Inconsistent with or supplied by
this Act be, and the same are hereby re-
pealed.
1t is true that there was a demand on
the part Of some for the repeal Of the
lien law. Whether or not 1t would
have been wise ito repeal that law il
does not now need to discuss. The
last Legislature did not repeal it. On
the contrary they tackled or to it an
amendment that we do not hesitate to
say savors strongly Of a return to fcu
dalism in that it puts the poor renter
and laborcr in the power Of the land
lord. There are numbers Of men.
white men, who do not own land and
who are compelled to rent. TO such
the above amendment is a crael blow,
1t puts them, absolutely in the power
and control Of the landlord. For nc
merchants going to advance to them up,
on the security Of . lien, whilst the
landlord holds this almost unlimited
power over them. We recall that i,
was said privately in Columbia during
the session that this Act was intended
to make the lien law odious so that its
repeal might be the more easily ascom
plished hereafter. III this be true il
was a weakness on the part Of the Log.
islature. which did not dare to cope with
the question. That the amendment
was mo- made in the interest Of the
/ poor and laboring man is shown by tho
Act itself. After providing that labor,
ers who assist in making the crop shall
have. q lien next in priority to that o
the landlord. section 2, provides '.tha
no writing or recording shall be necessa,
ry to create the liens Of the land,
lord" 1t will be observed that il
was not sud that that the lien Of the Ia,
borer need not be recorded or written
On the contrary it would appear tina
provision was purposely omitted. Sc
that under the gnise of protecting tho
laborer, he really under this Act stands
on no better ground than others who's.
liens are written and recorded.
Above all the Act throws open thu
door to fraud. AT the end Of the yea
by collision and conniyance between /,
dishonest laborer and his landlord thu
whole of the crop may bc gathered VI
and protected from honest creditors by
claim of a fictitious verbal lien of til,
landlord.
Upon the whole it seems to us tn,
amendment is unwise and pernicious
II the experience of the country prove.
that the lien law has ceased to be usefu
then let it be repealed in full. Amend.
lneats in the nature of that above
set forth cannot be Of any avail.