Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-09-24
THE LIEN LAW.

Here Is what seems to be a pretty
carefully considered legal opinion OF
the lien law situation. 1t Is by Messrs
Greer & Park, attorneys of Greenwood
and is reproduced from the current
Issue Of the Greenwood Journal, and
we lay 1t before our readers for what
1t may be worth:
Section 3057 Of the code gives tc
the landlord leasing lands q lien fol
his rent to the extent Of all crops
grown on the place-whether the lease
be in writing or verbal. This section
also provides that the landlord shall
have a lien on all crops raised by the
tenant for advances made by the land
lord during the year.
Section 3058 provides for a lien In
favor. of laborers who assist In MAX
ing the crop which is next in priority
"Then comes section 3059, which
provides for lien for money or sup
plies advanced to the tenant by any
other person under an, agreement ir
writing, entered into before such ad-
vances are made, specifying the
amount to be advanced or the amount
beyond which advances shall not be
made. This is what we generally term
the lien law.
"By the act approved March, 1909
section 3059 was repealed. The re-
pealing act goes into effect on The Isl
day Of January, 1910; therefore, after
the 1st day Of January, 1910, no lien
for advances under section 3059 viii
be valid.
"The landlords lien for advances
and the laborer's lien for services In
making the crop are still in force and
are not affected by the repeal Of the
general lien law.
1.-THE law In relation to the mortgage
Of crops, however, is not repealed and
a tenant has the same power now to
make a mortgage over his growing
crop that he had before the repeal OF
the lien law. The only restriction on
the mortgage Of crop is that provid-
ed for by section 3005 Of the code,
which Is that the mortgage must be
made during the year In which the
crops are grown and the lands upon
which the crops are grown shall be
described and mentioned In the mort
gage. 1t Is also necessary In order to
make valid mortgage Of crops that
the crops be described in the mortgage
either In writing or typewriting. The
III 6ChCldl u2C iClO-
fore Is no longer sufficient to convey
any interest or right to the morgagee.
while under the law, as 1t now
stands, a tenant cannot give lien on
his crop except to his landlord, he Is
still able to give a mortgage over the
same and with the exception of the
preference which landlords lien for
advances may have he Ia In about the
same position to secure advances made
to him by q merchant that he was be-
fore the repeal of the lien law. If
anything, the modus operandi has been
simplified, for before the repeal Of the
lien law tenant could make both a
lien and a mortgage and this some
times gave rise to confusion in the
enforcement of the papers and the
determination Of priority. By the
simple means Of mortgage he Is now
able to do exactly what he was able
to do before to secure his advances;
the only difference being the form and
the landlords lien, for advances, which
a merchant can always protect him
self against by obtaining a waiver
from the landlord of his preference for
advances made. The landlord need
not waive his lien for rent, but may
simply waive his lien for advances.
This will make the merchant as secure
as he ever was under the lien law,
provided he takes mortgage over
the CROP"