The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-01-04
LIEN LAW REPEAL.
The Act Passed by Last Session Re-
peals Old Law-lts Effect is
Discussed.

NS3tiAG11Sl OCS1tN'
The lien law repeal went into ef-
feet on January l. South Carolina
farmers and tenants are no longer to
have the right to mortgage that
which does not s9st-the planted
crop. /
The act providing for the repeal
Of the law is very brief, being as fol-
! lows. = saasaa
~Sectios l. Be it enacted by the
general assembly Of the State Of
South Carolina that section 1859,
volume l, code Of laws Of South Car
olina,, 1902, relating to liens for ad-
sances, be, and the same IS hereby,
repealed.
"Sec. 2. That all acts and parts
Of acts in consistent with this act are
hereby repealed.
.ESee. 3. That this act. shall take
effect on the first day Of january,
1910; Provided, That all liens taken
before this act takes effect shall be
valid, and may be enforced as now
provided by law.''
Approved the 4th day Of March,
A. D. 1909.
Although the crop mortgage act
and other lien laws are included IN
he statutes, ellen law" has come
"a. mean generally that portion OF
the laws relating to the mortgaglng
Of a crop that was planted. This class
Of Lien was given to those who have
advanced money or supplies and in
tsais manner the farmer was able to
sapply himself with rations and farm
implements while his crop was being
planted, the lien being on the product
OF the field. It is, therefore, seen
that section 3O59 Of the code was a
s:ffuturity" lien, so to speak. THIS
lien, moreover, was. good only when
a written contract, or agreement OF
legal status was drawn up between
the parties giving and receiving the
{, advances. With this paper the cred
itor could levy upon the crop after
rent and the laborer's lien had been
satisfied. .:. -
It is this portion f the mortgage
laws that is repealed and after Jan
aary / is null and void. Of course
other Liens remain and also those
liens Of this kind that vera made be-
fore the first of the year.
The repea, Of section 3O59 merely
means that a Len upon crop that
IS not up shall not be legal. There
Is now on the statutes a law that
saws that a mortgage can be taken
upon crop that is up in the fields
and at the last session Of the leglsla-
tare some advocates Of non-repeal
said that if any part Of the law were
repealed this section should be re-
naaled. This would tend to make the
asyiing of liens Of amy kind on crops
Illegal and the contracts would not
! hold. ....
The discussion as to the wisdom OF
the repeal of the lien law has taken
a,Wide scope. When the bill came
before the legislature last session,
aso. was there quite a lengthy dis
c,ssion. The bouse passed the bill
bs= 4 large majority and for Two or
three days the senators discussed the
repeal pro and con-. Finally the meas
are. fathered in The senate by B.
Frank Kelley of Lee and IN the
house by Jno. G. Richards, Jr, was
passed and became a law.
How to get around .the\pro7lslons
of the repeal has worried many lar
9oers and merchants. In sections OF
fbes State the ellen business" IS ex-
tensive and many merchants nave
founded their fortunes upon the plac'
lag out Of goods con lien. VI course
when the lien law was passed 1t was
1,elieved that it was for the best IN,
erests Of the people Of the State. Il
IS pointed out that conditions were
different then; that it would nave
been impossible for many poor tlilers
az the soil TO secure the necessarle:
Of life. But the lien law has beer
.bused. In many instances not onl!
would the advances be for food ant
clothing, but toys for the children lre
horses and buggies and other article
that could be done without would b.
placed on the lien list.