CHAPTER 80

An Act to amend and reenact § 48-29 of the Code of Virginia, relating
to lien of landlords and farmers for advances to tenants and artes
Approved February 21, 1956

Be it enacted by the General Assembly of Virginia:
1. That § 43-29 of the Code of Virginia be amended and reenacted as

follows:

§ 43-29. (1) Provision for lien; enforcement and priority.—If any
owner or occupier of land contract 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 live-
stock, or the share of such laborer in the crops or livestock that are made
or seeded or raised, grown or fed on the land during the year in which
the advances are made, shall be prior to all other liens on such crops or
livestock 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 is given a
landlord for the recovery of rent under §§ 8-566 and 55-230; provided,
that he or his agent, shall, before suing out the distress warrant, make
84 ACTS OF ASSEMBLY [vA., 1956

affidavit before the justice of the peace 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 work-
Ing 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 pay-
able, and that the debtor intends to remove, or is removing from such
land such crops or livestock, or his portion thereof, or share therein, 80
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.

(2) When verified statement of advances required.—However, when
the crops or livestock 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 livestock 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 amounts. And in the case
the person claiming advances fails to render to the sheriff of such county
the verified itemized statement 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 for advances granted him under this section.

(8) When further showing as to advances required.—If the execu-
tion 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.