Chap. 348.—An ACT to amend and re-enact section 6452 of the Code of Vir-
ginia, as amended by chapter 235 of the acts of the general assembly of
1920, relating to liens on crops for advances to farmers. [H B 226]

Approved March 24, 1930

I. Be it enacted by the general assembly of Virginia, That section
six thousand four hundred and fifty-two of the Code of Virginia, as
amended by chapter two hundred and thirty-five of the acts of the
general assembly of nineteen hundred and twenty, page three hundred
and thirty-nine, be amended and re-enacted so as to read as follows:

Section 6452. Lien on crops for advances to farmers; nature and
agreement thereof; where recorded; when verified statement of ad-
vances required. ,

If any person, other than a landlord, makes advances, either in
money or supplies, or other thing of value, to anyone who is engaged
in, or 1s about to engage in, the cultivation of the soil, the person so
making such advances’ shall have a lien on the crops which may be
made or seeded during the year upon the lands in or about the cultiva-
tion of which the advances so made have been, or were intended to be
expended, to the extent of such advances; but the person making such
advances shall not have the benefit of the lien, given in this section,
unless there is an agreement, in writing, signed by both parties, in which
there is specified the amount advanced, or a limit to be fixed beyond
which any advances, made from time to time during the year, shall
not go, and the said agreement be docketed in the office of the clerk
of the county in which the said land so cultivated, or to be cultivated,
lies, in a well-bound book to be known as “crop lien book,” and alpha-
betically indexed therein, by said clerk, setting forth the date of the
lien, a brief description of the land so cultivated, or to be cultivated,
sufficient to locate the same if stated in the writing, the name of the
lienor and the lienee, the amount advanced or the limit thereof, and
the crops affected ; and from the time such lien is docketed and indexed.
it shall have the same force and effect as if recorded in the deed book,
and shall be valid as to purchasers without notice from, and the cred-
itors of, the parties or party obtaining such advances; and in-the event
of a sale under a deed of trust or mortgage, of the land upon which
any such crop has been so seeded and/or may be growing, and before
said crop has been severed, such sale shall be made subject to the said
crop lien, and the rights of the holder or beneficiary of such lien shall
be protected in the same manner and to the same extent that the rights
of the tenant would be protected under similar circumstances under the
provisions of section fifty-five hundred and forty of the Code of Vir-
ginia, as amended by chapter four hundred and fifty of the acts of
assembly of nineteen hundred and twenty-eight; provided, that when-
ever the crops are subject to a lien of a fiert facias or attachment,
whether a levy be actually made or not, it shall be the duty of the per-
son 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 are 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 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 circuit 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 pur-
pose of, and were actually used, in and about the cultivation of the
crops upon which the lien is claimed.

For the services of the clerk in recording a crop lien under this
section, he shall receive a fee of fifty cents.

2. 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.