The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-27

the landlord would avail him and they
could not be proved on the trial. new
trial is ordered"
Judge Clark said in his dissenting
opinion:
1.-THE statue under which the defendant
is indicted. Code Section 1859. prohibits
any lessee or cropper to remove any part
OF the crop without the consent of the
lessor or his assigns, and without giving
him or his agent five days notice of such
intended removal, and before satisfying
all liens held by the lessor or his assigns
on said CROP This statue, passed in
1867, is a most important one to the
agricultural interests of the State. In
deed there is not one probably whose
preservation in it's integrity is more i'm
portant TO our farmers, whether owning
or renting land. 1t was passed after care
full elaboration and the fullest considera-
tion in 1867 and with a slight modifi-
cat ton in 1883 has been retained, amid all
mutations of parties during the quarter
Of a century since.
THE defendant does not allege pay
ment. That would be single issue and
would at once, if found in his favor, be
an acquittal But he sets up not pay
ment, but alleged damages for breach of
contract by way Of counterclaim and set
off Those matters cannot be a salts
faction of lessons lien, unless they had
been either agreed to by him, or adjudged
IL q civil action TO be so applied. Till
then they are merely counterclaims for
unliquidated and unalloWed~ damages and
cannot be set up as a defense of salts
e. nti ion, IN ,al rr0ppn1inn To
nit this to be done would be to destroy
the efficacy of the criminal proceeding
which the General Assembly deemed es-
sortial for the protection of the land
owners of the State, and which no sue
&c ediug General Assembly has thought it
ought to impair or repeal Section 1854
emphasizes this remedy by guaranteeing
the landlords lien till his rents and adj
vaIices are paid. Section 1856 further par
ticularly points out the lessee's remedy
when there is, as here, a controversy
between him and the lessor. 1t is by
application to q justice of the peace II
the amount in controversy is under 5000,
or TO the Superior court If over that sum.
II there is an appeal from the judgment
this section permits the lessee or crop
per to retain and use the crop, giving
proper bond. If the defendant had pur-
sued that course, as required by the
statute, this proceeding would not be
PENDING, But to allow him to take the
law into his own bands. adjudge for him
self that his counterclaim or set off is
good and thus throw the statement of
the account into a criminal action would
be contrary to the express language of
the statute, and would deprive the lessor
of the very protection the statute was
enacted to secure to him, /. e., retention
of the possession of the crop raised on
his land, unless the lessee or cropper
usually irresponsible pecuniarly) should
give bond to abide the civil judgment
VI On the controverted matters
IN rejecting the evidence here offered
by defendant to show damages for breach
OF contract to repair buildings and short
age in land agreed. to be rented for
lump sum. LOG N. c. 646, the possession
of the landlord was not transferred to
the lessee by sending the cotton to be
Einned. h..