Chap. 443.—An ACT to amend and re-enact section 6454 of the Code of Vir-
ginia, relating to liens of landlords and farmers for advances to tenants
and laborers. [H B 225]

Approved March 27, 1930

1. Be it enacted by the general assembly of Virginia, That section
sixty-four hundred and fifty-four of the Code of Virginia, be amended
and re-enacted so as to read as follows:
Section 6454. Lien of landlords and farmers for advances to
tenants and laborers; how enforced; priority of lien; when verified
statement of advances required.

If any owner or occupier of land contract with any person to culti-
vate such land as his tenant for rent either in money or a share of the
crop; or if any person engaged in the cultivation of land contract with
any laborer thereon for a share of the crop as his wages; and such
owner or occupier of the land, or such person engaged in the culti-
vation of land, shall make any advances in money, supplies, or other
thing to such tenant or laborer, he shall have a lien to. the extent of such
advances on all the crops, or the share of such laborer in the crops,
that are made or seeded on the said land during the year in which the
advances are made, which shall be prior to all other liens on such crops
or such portion thereof, or share therein; and he shall have the same
remedy for the enforcement of such lien by distress when the claim is
due, or by attachment when the claim is not yet payable, as 1s given a
landlord for the recovery of rent under sections fifty-five hundred and
twenty-two and sixty-four hundred and sixteen; provided, that he or
his agent, shall, before suing out the distress warrant, make afhidavit
before the justice issuing the same to the amount of his claim, that it
is then due and is for advances made under contract to a tenant culti-
vating his land, or a laborer working the same; and before suing out
the attachment, make the like affidavit, and also at what time the claim
will become payable, and that the debtor intends to remove, or is re-
moving from such land the said crops, or his portion thereof, or share
therein, so that there will not be left enough to satisfy the claim. The
person, whose crops are so distrained or attached, shall have all the
rights and be entitled to all the remedies allowed a tenant against a
distress or attachment for rent. However, when the crops are subject
to a lien of a fiert factas or attachment, whether a levy be actually made
or not, it shall be the duty of the person claiming a lien under this sec-
tion, upon the request of the sheriff, or any other party in interest,
to render to the sheriff of the county wherein the crops are grown, a
complete and itemized statement under oath of the claims for ad-
vances, showing the nature of the claims, the dates of advancement
and the respective amount. And in case the person claiming advances
fails to render to the sheriff of such county the verified itemized
statement above provided for within five days after request has been
made, he shall forever lose the benefit of the lien on the crops for
advances granted him under this section. And provided, further, that
if the execution creditor or attachment creditor desires to contest the
validity of the claims for advances, he may cause the clerk of the cir-
cuit court of the county in which such crops are grown to summon the
person claiming the lien for advances to appear before such court and
show to the satisfaction of the court that such money, supplies or other
things of value were advanced for the purpose of, and were necessary
in and about the cultivation of the crops upon which the lien ; is claimed.

Z. All acts and parts of acts in conflict with this act are hereby
repealed.
3. An emergency existing, this act shall be in force and effect from
its passage.

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