The news and herald. (Winnsboro, S.C.) 1877-1900, January 19, 1878, Image 2
QThfvew and X)r~tt
WINNSBORO, S. C.
Saturday, lanuary 19, ;: : 1878.
R. MEANS DAVIS, Editor,
JNO. S. REYNOLDS, Associato Editor.
Liens on Crops.
Some difference of opinion 800111
to prevail concerning the scope of
the Act of the Legislaturo repealing
the lion law. The question hai beon
asked whether the landlord's lion
-to the extunt of ono-third of tho
entire crop-may still be onforped.
A consideration of the different stat
utos on the subject wvill clear away
all doubt.
The act repealiug the lien law is
a" follows:
Be it enacted, etc., That Sotions
55 and 56, Chapter CXX., (if the
Revised Statutes, relativo to lions
on crops, and all amendments thero
to, are hereby repealed on and after
the first of January, 1878. All Acts
and parts of Acts inconsistent with
this Act are horeby repoealed.
'The sections referred to in the
foregoing Act are as follows :
?55. If any person or persons
shall make any advance or advances,
oither ini money or supplies to any
person or porsons who arengagod,
or about to ongage, in the cultiva
tion of.the soil, the person or per
sons so making such advance or
advances shall be untitled to a lion
on the crop which may be mado
during the year upon the land in
the cultivation of which the advances
so made have been expended, in
preference of all other lions, exist
ing or otherwise, to the extent of
such advance or advances : Pro
vided, an aqremont in writing shall
be entered into before such advance
is made, to this offoct, in which shall
be specified the amount to be used,
or in which a limit shall be fixed
beyond which the advancos, if mado
from timo to timo during the year,
shall not go ; which agrooment shall
be tecorded in the ofico of the Rogs
ister of Mesne Convoyances for tho
county in which the person to whom
the advancea are made resides,
within thirty days from its date.
Section 56 simply prescribes the
noethod to be pursued by the lience,
in the enfbrcoment of his rights
under the lion.
The Act under which landlords
have a lien for their rent is as
follows:
Be it enacted, etc., That in all
cases where land is rented,. either
for-a share of the crop or for a
stipulatod sum in money, or for so
much cotton, corn or other product
of: the soil,. the land so rented shall
be deemed and taken- to be an ad
vance for agricultural p)urposes, and
the lairdowner, upon reducing the
contract of letting to writing and
recording the same,, as p)rovided in
?55 of Chapter 120Q of the Rovised
Statutes,.shall h:ave a iiOn, on the
er-op which may be- made during the
year upon. the land, in p)reference to
all! other liens, existiuig- or other
wise, to an amount not exceeding
ono--third of the ent,ire crop so
produced', to be applied, to the
satisfacetion of' the rent stipulated
to be paid!.. In all such cases, the
landlord shall have all the rights
according to persons advancing
money and other supplies, as pro-.
vided in ??55 and 56' of the same
Chaptor, to the extent of one-third
of the crop as above stated. (Stat
uites at Large, Vol. XV r. page 788,)
It will thus. be seen that the
landlord's lien is not created by the
s'eotions repealed, but by' a separate
and distinct statute. That statute
has reference to the repealed. Boon
tions only so far as the latter pro
scribe the methods to be pursued
by the landlord ia- enforcing his
rights. The repeal of these sec
tions, therefore, does not in any
way impair tile rights of landlords
to their lien on ono-third' of the
crop. The statute creating such
lien remains intact. Nor does the
sweeping clause of the. repealing
.Aot of 1877--"That all Acts and
parts of Acts inconsistent with this
Act are hereby repealed"--affect the
landlord's lien. For the- Act
creating that lien is nowise incon.
sistent with the provisions of the
Act of 1877.' The only connection
between the Act giving landlords a
lien andi the sections of the
IBovised Statutes providinga
lien for advances is that the
remedies provided in the latter
dre made applicablo to, the former.
'Ahe .rogation of the lien for ada~
vance in no way affects the romo-,
dies available in the enforeoement
ef' the landlord's statutory lien,
landlords lion, to tho, extont of one.
third of the crop, rewains ui
impaired, and may be cuforced by
the saino methods hrotoforo pur
suod.
THE' STATEs L 1ISLATURE.
WEI>N*LAY, January 16, 1878.
SENATE.
The Senate mot at 12, im., Lien
tenant uovernor Si.mpson in the
chair.
The i oil was called, and a quorut,
of Smnators wias prosenit.
Hon1. Jamles Mlctutcholn, SonaIfor
elect from Williassbeug, prosonted
his credentials, was sworn, in and
took his seat.
Without transacting any other
businchs, tho Senate ad journed.
H1ousE o R,RsENAIVEs.
The journal of Thursday, Do-.
comber 20, Was read and colifirlmed.
Tle report of the election coin
missioners of Union county was
read by the cleric, and Mr. IR. W.
Shand, who was electd to fill the
vacaney occasioned by the resigna
tion of the lion. WN. 1H. Wallace,
approached tho bar of thle House
and was sworn in as i member.
The report of the election coi..
inissioners of Newbcrry countNy w:s
read by the clerk, and Mr. George
Johnstone, who had been elected to
fill the seat made vacalt by tio ex
pulsion of Thoiaias Keitt, cale
forward and was sworn in as a
member.
A very lengthy report was sub-.
imitted by the eloelion commis
sioners of Smniter county, in whichll
t,hoy brouglit to the attention of
the House the fact hat a few
nights after the clection had been
hoeld personls to tlell iikinown
itered the offic of the clik and
stole four of the hali-ot boxcs.
They, therefore, rmgarded the elev.
tionl its void, and askel vhat.' th'()
wholo mattur be investigated by the
Legzislat.ure.
Mr. Aldrich of'fored a resolution
that Mr. J. A. Mills be sworn in as
a iielbor of the IHoulse from
Sumtor cotinty, but his res-olution
fond no second.
Mrr. Curtis then offered as a
sultituto that Mr. Thomas 13.
Johnston be sworn as a member of
this House from Sumitter coity.
Mr. Orr said he did not think
'thor claimnit had a prima jm!c
right to his soat, anId tho House
should investigato the matter before
seating oither Johnston or Mills.
Mr. Aldrich followed in an earln
ost speech, advocating the clain of
Mr. Mills.
Mr. AlIrOW-9 (IN111d0d, inl a
loud and bitter Speech, that Mr.
Johnstonfi should be seated. le
said bloodshed would result if a
miembor who wits fairly nlected
should be denlied hi-5 seat.
Mr'. Hlaskeli mioved that the
mattor' Loe referred to thle connuittee
OnpilelljIlges anid elections.
Mr. Gray atdvoca ted this mot0 ion,
anld said it would be the most ex,
poditious method of disposing of
the case.
Mr. J. J. Hemnphill thlought so,
too, and pr'oposed as8 an1 amnendmenit
that thle commnittee be inistriuct.ed to
report as8 ear'ly as prlacticable wihel
of the twvo contestants hans a prima
f<,cle right to ai seat in the HLouse.
The or'iginlal miotio o01f Mr.
HLaskcoll, embhlraingl tis amenlidmnlot1,
wals put and1( carr'ied.
Seveiral bills were introduced.
reiad by titlle, and p)rop)erly recferred.
Adjourned.
TurnsDAr, January 17,. 1878.
SENATE.
A number of bills and joint r'eso
iLutionls woro initroduiced, recad by'
title, anid pIroporly re~ferro'd
Several commn1ittees subm111tted1 re
por'ts, whic~h werel' rOceived( anld laid
over for intur'o consideration.
A bill to alter the law on1 the sub
~oct of fencesi in cuain townships
mn the county of Fairfield wats
referr'ed to the committeo on agr'i
culture.
A resolution for the rocovery of
the buildings and groundIs of thle
Citadel Acadomy was adlop ted.
Mr. Todd submitted a petition of
oitizonla of towvnship no. 5 of Fair -
field county for' a elhange ill the
fence lawv in that township.
Hon. Jno. L. Mlanning was sworn
in as Senator from Clarendon
colunty.
The Senate then disposed of some
routine business, of no. general in
terest.
Adjourned.
IIOUsE OF IIEPRIEsEWrkTIvES.
The Speaker annlounlced thtat lie
had appointed H. M. Davidson
clerk of the committe fwy n
means to f-vy n
,A number of bills, j1oint resolu
tionsB, and petitions were submi111tted,
readt by title and p)roperly referred;
Mr. Orr submitted the report of
the .commnittoo on pivileges and
elections in reference to the rne
turns of thIe election commilssioners5
of Sumter county. The rep>ort is a
very longt.hy ono,and wind up by
recommending that1 Mr. T. B. J->hn
sI on be seated as a mum bor of this
House.
This roportw pro,ictivo of a
loig, and laimaiilted discus."ion, in
which Mbssrs. J. J. Homphill, Orr,
Veror1101., Iaskell and others on
gaged.
During tho flobato on this (u'os
tion, the comlttiitt(e on engrossd
bills be"u'd leavo to submit Ia ro
Port-wliel being grantod Ia num
ber of bills receivod their third
reading anid worlo scnt to the
Senate.
'.t'he Speakor announced that the
report of the conmmittee on priv
ilegcs and cloetionls was again
beforo the House for consideration.
Mr. Ferriter called for pro-,
viols qu1eostionl oni tho whol iat'.
ter, whIich call wan mustinled.
The (Iestion viv'. , thel pult
Shi all he rep1ort ho admApte-w"hich
was carried bya large voLe.
Mr. Johnston then cameio forward,
an1d wa:N duly swoni in.
Mr. H1a.kell oil'er-ed the following
prealble and resolutions", an1d
asked that they bo printec-d, laid on
the inet o the Immbers, and
Ilmde the special order for January
23 :
Whmcieros reports and unauthor
ixod 'Jatemients wit i r'ard to t.he
i Of this enieral Am'olbly in
the lalter of thwe ,ebt of ilsi St.:ate
have been eircirnlatld. to the great
deM-.rilic-nt of' t he crefdit of thelite
and haave wo lkwiof th1e f.tit'l in tho
honlor of her people ;:0110 whoreas
thce comci aittoo apinted f a to inmves.
t'ip*a1Z-. t,he puilic debd -with a view
to the dect',on of rris, orfdulpli
entCs, bolndk is;miud w 4.1 au lithori
Iy 0f w in' d tih W IVIportinl I f tho
Willial ind(ebtedneI;ss Of ihe Stka to
have, by\ reas-onl ol, t.h" ma"gnii'tde of
the work , bell ulnab& to. compIleto
Ii ir vepoiCrt. as early as was ox
pecte-': now, for the purpos40 of
gieItig all sneh ungrou n ded fears,
and of inding a stop to injurious
spovulation i1L the f.dith of tho State,
b it
'I'l, T:at it iN Ihe sens of
this Gceral Ats-1umblv that the
fnith, h ioor and fiNds o;f the State
o soleminly Iledgc'I fo-, the p:V
ment of iie pulicl te)t .s lixed bv
the provisions of th act kiown as
tho Comonlolidtion Act, and that
Prompt provis,iol will b m a, as
so11 as tho forgeries, '11plivates
and bonds; issued cnot antlirized by
that Act have been ascertained from
f ;id report.
Jh.t: rl That itis the confident.
beliof of this body that the peoplo of
this State vili in no way, direct or
indirect, columtenlance ally course
leading to reptiIiation,ceither partial
or total.
Tho resolt.tions were warnly dis
cussed by sevemal mueibers beforo
they were voted upon, and finally
Mr HLaskell's motion was lost.
Mr. 'Shimontonl thenl moved that,
thme re'solu~ jtis be icumediately c'on,
sidered, biut, $o meiicimbers 01b
jeting, they wero lbud over for
cnsiderti.on On Friday.
A.djournIlled.
It is now an acknowvledged fact thcat
CoN5sT)t1 Ax cnm Cu:i. It has
been cured inl a very great numbiIIer
of eases (some of them apparentfly
desp)erato oneos) by Schenek's PI,~I
moun Syrup alone, and in others
byv thme s.uteome.licine ini connection
with Schonck's Sea WXeed Toinic andi
Mandrake Pills, 01ne or both accord
ing to the requi rementsx of t.he ease.
Thie old supposit ion that "Cons
sumtiption is ineuraicble," for many
years deterred P~hysiciains from at.'
tomupt ing to find a reome ly for that
diseaise, anmd patients aileted with
it reconlilodh thmemselve.s to dea:th
withont acn effort being mcade to save
theun from~ a~ doom which was con
sidere 1 inevit alo,
D)r. SehieneL him iselft was supposed
at 0on timot to be at the very gate of
deaiCth, is phlysi(cians having pr.o
niounced hcis caso hopelesci and
abandoned him to his fate :lhe was
CIeLa) by thto foro1saidl medicines,
and afterwiardl enijoyed iuninteriupt.
ed good health for more than forty
yecars. Thiousands of people have nsed
D)r. Schionek's p)reparaLtions with the
samolC remaiiirkable( success.
SChon(ek's Ahnanac, Ccntainting a
Liver Conmplain t, Dyspepsia, &c., can
I- had gratis of ainy dru:gist, or. of
J1. Hf. Scenek & Son, P'hiidel phia.
Full directions fore the use' of
Schonuck's medicines accom pany er.ch
p)ackcige.
Schonek's Puh nonic Svrup. Se a
Weed Tonic, and Man drake Phis
are for s,de by all druggists. *
B3rightim 2Yonnrg appointed three
executors, his eldest son being~ one
of them, and his "wives" continuo,
to occupy the "Lion House," "Bee
H-ive" and1 "Amelia's Palace," the
p)ropcrty having been divided into
groups for each "fammily," and each
mother having supervision over her
own part, under tho general super
vision of the excutors.
"Just keeping it lighted for
anothe,r boy," is the latest juvonile
invention wvhen a mother suddenly
comes ujaon her little ,boy with n
cigar in ii month.
The Cointo do Paris, it sooms, is
still liard at work upon his History
of the Aimorican Republic, which is
to extend to oight volumes.
Mr. Voorhees, the now Sonator
from Indiana, lias yellow hair and a
heavy red moustacho and imperial.
1o ias a rosy faco and a largo body
and is more than six feet high.
A cloth maldo from the down of
birds is comn,ing greatly into favor
inl Paris. It is wator-proof, and
estimated to bo fivo times lighter
and three times warmor than wool.
During tile first nino months of
the past year the amount involved
by the failres in the United States
aiid Canada exceeded 120,000,000 of
dollars.
Th'lie Jilrdin. el'Acelimation, Paris,
hais at imunbbur of Esquimtaux withi
their dogs, sledges, utc. They aro
to stay at the Gardon during
Wintor, caiping out of doors.
lZomc can boast of w first luni
tic awyhimn establishlo( in Europo.
It wits built in 1848. Tie Popo is
a liberal contributor to this humanie
inltitution out of his own private
purso.
The Chicago 'r-ibune of Deccii
bor 30th pub1lislid a largo list of
nMIlles of persons -wih]o would re
ceive enls on Now Yoar's. Tho
list occupied over six columns of
the paper.
The population of Georgia is
L,204,000 and the numbor of hogs
is 1,261,440-, or ono hog for evorvy
persoln in the Stato, ald 200 hogs
left over Witll which1 to regale tile
sirqIngers that may happen withinl
their gates.
Seth Wilbur Payne of New York
i.; prep-iring 'TWe Jirws (it'American
/ourmili.118, an 0neyeloO)tla of the
thl editors and editorial writers of
ile Unit.ed States. He has pru
dently excllded their attempts to
writo each other's lives.
TIe Chlinieso Ambassador to Eng..
land attributes the famino in india
Io so much land being devoted to
tho cultivation of tiel poppy for
opilil). It i,, estimltIted that 1,0:33,
000 ncres of the best land in India
are devoted to the growth of the
poppy.
Oh, do not he discouragel.
Stanlly, with only 114 lighting
natives, wyhpped 2,100 hos tile
Africans in a fight lasting fifteon
miutes, aid he lost but one man.
-Fee Press. But, then romom
ber that Stanley is his own, his
only war correspondent.
Tle United States utilizes in
na icutim! o null por cent. of its area.
G:at Britain fifty-eight per cent.
France and Belgium, eigity-throo;
Austro-1 -ungary, eighty-eight ; and
Holl:md seventy. This shows con
e.lus,ively wvhence tihe aigricultural
growth must spring.
A contempor-ary asks why thme
governmient will not coini half
d:me s? Simp.hy, heeanuse somebody
ownsl ni:-kel minols ini Peninsylvania
whlo has- succeeded in pahnhlig theo
mietal uipon the gover-mnolnt instead
of silver. The~ niekel nuisaxnce
should bo abolished.
D)urxig thie extra session of Con
gress t,hetre wcro p)resentdd in tihe
House (of Represenutatives not less
t han 1.,(.30 petitions ; of which
1,300 wore of a privato natuire, 93
were for an iease of salaries of
letter carriers, 40 related to cur
reney, and 28 wvero for the repeal of
the b)ankruIpt law.
The overcr'owding in London is
so great tha t thie samie bed is often
occupjied by two sets of peopl)1
duiring the samoi night. Certaini
c ses at tending the thieatros every
night--ballet danCers, s;upes and
tihe mxob wh':ch is attached to thme
panitmline--let their beds to mlarket,
people, whlo ar1 just ready to get
uip and go to wvork when the
theatrical folks come home.
.A S IeD OLD Rsx.c.A colored
mni ye...terdahy turned one;ioneeor to
work off two old stoves for a dealer
on Gratiot Avenue. One was sold
without trouble, but as the other
"held over' on himi, lhe mounied at
bairel an:i began:
"Gem'lon and women, dis yore
stove was once the pr-operty of
George Wmaington."
A latuigh of declisionl grootod his
IstaLteumnt. Singling out i-h
biggest man in the crowvd, the
a let-mneer asked:
"D<>an' you believe dat George
Washington once owned dis yore
stove?"
"No, sir."
"Dat's do same as callin' mno a
liar, sah, and you'll hov to chaw
dem words, sah."
Ho jumped down and wvaltzod
over to the stranger, igut was
knocked down in a York ~ imbmto.
TatS aslonty for him, anSi aftor
feeling of i s head- to sCo ho mnuch
of it was left,. ho mounted th~ barrol
and called out:
"Howv much do I hoah f' die
stove-once the property of in'ral
Grant I Do stove dat Washi igton
owned was busted up doori ' do
war l"-)egroit Free P'ress. 1
NEWS AND HERALD
WP'EKLY EDITION,
V8 I U1BIlID R19ERY WEIDNMDAY AT
W I N N 3 0 R 0, S. 0.
BY THE
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State News,
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Political News, Etc
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WVINNSIBORO, S. C.
Egg. Pogg for Christmas
r g-t1WllTudersignedq r01 joot.iully calla
.1. LIhe attii ion of theo olf zoset of Fair
lld to the fael. flhat, ho has a full etoel of'
'ho tiiot,~ .iilQ.J118 anud' W.INES in the
lloro(, and gua:iantoo,, it5 pulr1 i iory'
jnstanoo~t. In blM stooli aro*( tiho follow.
h)11 uy3, Otard &. ('o. Cognao Irandl .
Old gonuno ,Ja'naloa..hum, on uino Igh1
('abhint;t Ryo, genuI,o I 8Il Roanookco.
liyo M bislkoy, gionuino Kniokorbook(or'
I1yo Wi1koy gonnino N, C. Applo,
iraundy, genuii noi N... (1woot M~ash Corn
WhIi, g(on nine1 Stonec Mountain Sour'
Mash orni Whlskeuy, gonulno J3ancho,.
Flm & (Jo., Chiampng no, flno Pale Table
Shorry; and a full sok of all Domentio.
Litquorm, Winos, Aloe, 01-gare, Tobaco
Pipes, &o., &o,
R~*IoeyootBuHyW,UDNlfT