§ 43-29. Liens of landlords and farmers for advances to tenants and laborers.
(1) Provision for lien; enforcement and priority. - If any owner or occupierof land contract with any person to cultivate or raise livestock on such landas his tenant for rent either in money or a share of the crop or livestock;or if any person engaged in the cultivation of land contract with any laborerthereon for a share of the crop or the livestock raised thereon as his wages;and such owner or occupier of the land, or such person engaged in thecultivation of land, shall make any advances in money, supplies, or otherthing to such tenant or laborer, he shall have a lien to the extent of suchadvances on all the crops or livestock, or the share of such laborer in thecrops or livestock that are made or seeded or raised, grown or fed on theland during the year in which the advances are made, which shall be prior toall other liens on such crops or livestock or such portion thereof, or sharetherein. And he shall have the same remedy for the enforcement of such lienby distress when the claim is due, or by attachment when the claim is not yetpayable, as is given a landlord for the recovery of rent under § 55-230;provided, that he or his agent, shall, before suing out the distress warrant,make affidavit before the magistrate issuing the same to the amount of hisclaim, that it is then due and is for advances made under contract to atenant cultivating or raising livestock on his land, or a laborer working orraising livestock on the same; and before suing out the attachment, make thelike affidavit, and also at what time the claim will become payable, and thatthe debtor intends to remove, or is removing from such land such crops orlivestock, or his portion thereof, or share therein, so that there will notbe left enough to satisfy the claim. The person, whose crops or livestock areso distrained or attached, shall have all the rights and be entitled to allthe remedies allowed a tenant against a distress or attachment for rent.
(2) When verified statement of advances required. - However, when the cropsor livestock are subject to a lien of a fieri facias or attachment, whether alevy be actually made or not, it shall be the duty of the person claiming alien under this section, upon the request of the sheriff, or any other partyin interest, to render to the sheriff of the county wherein the crops orlivestock are raised or grown, a complete and itemized statement under oathof the claims for advances, showing the nature of the claims, the dates ofadvancement and the respective amounts. And in case the person claimingadvances fails to render to the sheriff of such county the verified itemizedstatement above provided for within ten days after the request has been made,he shall forever lose the benefit of the lien on the crops or livestock foradvances granted him under this section.
(3) When further showing as to advances required. - If the execution creditoror attachment creditor desires to contest the validity of the claims foradvances, he may cause the clerk of the circuit court of the county in whichsuch crops are grown or livestock raised to summon the person claiming thelien for advances to appear before such court and show to the satisfaction ofthe court that such money, supplies or other things of value were advancedfor the purpose of, and were necessary in and about the cultivation of thecrops or the raising of the livestock upon which the lien is claimed.
(Code 1919, § 6454; 1930, p. 946; 1942, p. 294; 1956, c. 80; 2008, cc. 551,691.)
§ 43-29. Liens of landlords and farmers for advances to tenants and laborers.
(1) Provision for lien; enforcement and priority. - If any owner or occupierof land contract with any person to cultivate or raise livestock on such landas his tenant for rent either in money or a share of the crop or livestock;or if any person engaged in the cultivation of land contract with any laborerthereon for a share of the crop or the livestock raised thereon as his wages;and such owner or occupier of the land, or such person engaged in thecultivation of land, shall make any advances in money, supplies, or otherthing to such tenant or laborer, he shall have a lien to the extent of suchadvances on all the crops or livestock, or the share of such laborer in thecrops or livestock that are made or seeded or raised, grown or fed on theland during the year in which the advances are made, which shall be prior toall other liens on such crops or livestock or such portion thereof, or sharetherein. And he shall have the same remedy for the enforcement of such lienby distress when the claim is due, or by attachment when the claim is not yetpayable, as is given a landlord for the recovery of rent under § 55-230;provided, that he or his agent, shall, before suing out the distress warrant,make affidavit before the magistrate issuing the same to the amount of hisclaim, that it is then due and is for advances made under contract to atenant cultivating or raising livestock on his land, or a laborer working orraising livestock on the same; and before suing out the attachment, make thelike affidavit, and also at what time the claim will become payable, and thatthe debtor intends to remove, or is removing from such land such crops orlivestock, or his portion thereof, or share therein, so that there will notbe left enough to satisfy the claim. The person, whose crops or livestock areso distrained or attached, shall have all the rights and be entitled to allthe remedies allowed a tenant against a distress or attachment for rent.
(2) When verified statement of advances required. - However, when the cropsor livestock are subject to a lien of a fieri facias or attachment, whether alevy be actually made or not, it shall be the duty of the person claiming alien under this section, upon the request of the sheriff, or any other partyin interest, to render to the sheriff of the county wherein the crops orlivestock are raised or grown, a complete and itemized statement under oathof the claims for advances, showing the nature of the claims, the dates ofadvancement and the respective amounts. And in case the person claimingadvances fails to render to the sheriff of such county the verified itemizedstatement above provided for within ten days after the request has been made,he shall forever lose the benefit of the lien on the crops or livestock foradvances granted him under this section.
(3) When further showing as to advances required. - If the execution creditoror attachment creditor desires to contest the validity of the claims foradvances, he may cause the clerk of the circuit court of the county in whichsuch crops are grown or livestock raised to summon the person claiming thelien for advances to appear before such court and show to the satisfaction ofthe court that such money, supplies or other things of value were advancedfor the purpose of, and were necessary in and about the cultivation of thecrops or the raising of the livestock upon which the lien is claimed.
(Code 1919, § 6454; 1930, p. 946; 1942, p. 294; 1956, c. 80; 2008, cc. 551,691.)
§ 43-29. Liens of landlords and farmers for advances to tenants and laborers.
(1) Provision for lien; enforcement and priority. - If any owner or occupierof land contract with any person to cultivate or raise livestock on such landas his tenant for rent either in money or a share of the crop or livestock;or if any person engaged in the cultivation of land contract with any laborerthereon for a share of the crop or the livestock raised thereon as his wages;and such owner or occupier of the land, or such person engaged in thecultivation of land, shall make any advances in money, supplies, or otherthing to such tenant or laborer, he shall have a lien to the extent of suchadvances on all the crops or livestock, or the share of such laborer in thecrops or livestock that are made or seeded or raised, grown or fed on theland during the year in which the advances are made, which shall be prior toall other liens on such crops or livestock or such portion thereof, or sharetherein. And he shall have the same remedy for the enforcement of such lienby distress when the claim is due, or by attachment when the claim is not yetpayable, as is given a landlord for the recovery of rent under § 55-230;provided, that he or his agent, shall, before suing out the distress warrant,make affidavit before the magistrate issuing the same to the amount of hisclaim, that it is then due and is for advances made under contract to atenant cultivating or raising livestock on his land, or a laborer working orraising livestock on the same; and before suing out the attachment, make thelike affidavit, and also at what time the claim will become payable, and thatthe debtor intends to remove, or is removing from such land such crops orlivestock, or his portion thereof, or share therein, so that there will notbe left enough to satisfy the claim. The person, whose crops or livestock areso distrained or attached, shall have all the rights and be entitled to allthe remedies allowed a tenant against a distress or attachment for rent.
(2) When verified statement of advances required. - However, when the cropsor livestock are subject to a lien of a fieri facias or attachment, whether alevy be actually made or not, it shall be the duty of the person claiming alien under this section, upon the request of the sheriff, or any other partyin interest, to render to the sheriff of the county wherein the crops orlivestock are raised or grown, a complete and itemized statement under oathof the claims for advances, showing the nature of the claims, the dates ofadvancement and the respective amounts. And in case the person claimingadvances fails to render to the sheriff of such county the verified itemizedstatement above provided for within ten days after the request has been made,he shall forever lose the benefit of the lien on the crops or livestock foradvances granted him under this section.
(3) When further showing as to advances required. - If the execution creditoror attachment creditor desires to contest the validity of the claims foradvances, he may cause the clerk of the circuit court of the county in whichsuch crops are grown or livestock raised to summon the person claiming thelien for advances to appear before such court and show to the satisfaction ofthe court that such money, supplies or other things of value were advancedfor the purpose of, and were necessary in and about the cultivation of thecrops or the raising of the livestock upon which the lien is claimed.
(Code 1919, § 6454; 1930, p. 946; 1942, p. 294; 1956, c. 80; 2008, cc. 551,691.)
