                                 CODE OF VIRGINIA

LIENS OF LANDLORDS AND FARMERS FOR ADVANCES TO TENANTS AND LABORERS (§ 43-29)

1. Provision for lien; enforcement and priority. &#x2014; 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 livestock, 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, which 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 &#xA7; 8.01-130.4; provided, that he or
his agent, shall, before suing out the distress warrant, make affidavit before
the magistrate 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
removing from such land such 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.

2. When verified statement of advances required. &#x2014; 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 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.

3. When further showing as to advances required. &#x2014; 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.

HISTORY: Code 1919, § 6454; 1930, p. 946; 1942, p. 294; 1956, c. 80; 2008, cc.
551, 691.