Chap. 214.—An ACT to amend and re-enact Section 6454 of the Code of Virginia,
as heretofore amended, relating to liens of landlords and farmers for advances
to.tenants and laborers. [S B 194]

Approved March 13, 1942

1. Be it enacted by the General Assembly of Virginia, That section
sixty-four hundred and fifty-four of the Code of Virginia, as heretofore
amended, be amended and re-enacted, as follows:

Section 6454. Lien of Landlords and Farmers for Advances to Ten-
ants and Laborers; How Enforced; Priority of Lien; When Verified
Statement of Advances Required.—If any owner or occupier of land con-
tract with any person to cultivate or raise livestock on such land as 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 laborer
thereon 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 the
cultivation 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 livestock, or the share of such laborer in the
crops or livestock that are made or seeded or raised, grown or fed 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 livestock or such portion there-
of, or share therein; and he shall have the same remedy for the enforce-
ment of such lien by distress when the claim is due, or by attachment when
the claim is not yet payable, as is 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 dis-
tress warrant, make affidavit 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 cultivating or raising livestock on his land, or a
laborer working or raising livestock on 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 livestock, or his portion thereof,
or share therein, so that there will not be left enough to satisfy the claim.
The person, whose crops or livestock 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 or live-
stock are subject to a lien of a fieri facias or attachment, whether a levy
be actually made or not, it shall be the duty of the person claiming a lien
under this section, upon the request of the sheriff, or any other party in
interest, to render to the sheriff of the county wherein the crops or live-
stock are raised or grown, a complete and itemized statement under oath
of the claims for advances, 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 or livestock
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 circuit
court of the county in which such crops are grown or livestock raised 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 or the raising of the
livestock upon which the lien is claimed.