R. S. 2907-Act 66, 1874

OF CROP AND AGRICULTURAL PRODUCTS.

Act 66, 1874, p. 114.

AN ACT to enable planters, farmers, merchants, traders and others to pledge and pawn cotton, sugar and other agricultural products to merchants, factors and others; and to confer a pledge by the transmission of a bill of lading or carrier's receipt by mail or by the earrier.

[Growing Crops by Planter or Farmer.]

SECTION 1. That in addition to the privilege now conferred by law, any planter or farmer may pledge or pawn his growing crop of cotton, sugar or other agricultural products for advances in money, goods and necessary supplies that he may require for the production of the same, by entering into a written agreement to pledge the same and having the agreement recorded in the office of the recorder of mortgages of the parish where said cotton, sugar or other agricultural product is produced, which recorded contract shall give and confer on the merchant or other person advancing money, goods and necessary supplies for the production of the said agricultural product, a right of pledge upon the said crop, the same as if the said crop had been in the possession of the pledgee; provided, that the right of pledge thus conferred shall be subordinate to that of the claim of the laborers for wages and for the rent of the land on which the crop was produced.

See Act 89, 1886, printed at p. 1342, for Rank.

[When Pledge Becomes Perfect.]

SEC. 2. That when any merchant, factor, or other person has advanced money, property, or supplies on cotton, sugar or other agricultural products, and the same has been consigned to him by ship, steamboat, vessel, railroad or other carrier, the said agricultural products shall be pledged to the consignee thereof to secure the payment of said advances from the time the bill of lading thereof shall be put in the mail, or put into the possession of the carrier for transmission to the consignee, and the right of pledge shall be perfect, with the right of sale of said property, which shall be fully vested in said consignee, with the right to appropriate the proceeds of sale to the payment of the amount due for such advances as may have been made thereon; provided, that nothing herein shall be so construed as to defeat or lessen the privileges of the laborers and landlords in this State for wages and rent as now existing by law, nor as defeating or lessening any other valid existing privileges or liens (as amended by Act 44, 1882, p. 56).

[Rights of Consignor.]

SEC. 3. That all merchants, factors and others who may have a general balance of accounts or any sum of money due them by any

R. S. 2907-Act 66, 1874 consignor or other person sending them cotton, sugar or other agricultural products for sale at the port of New Orleans, or at any other town or city in the State, for the purpose of paying such balance of account or sum of money due, shall have a pledge upon all such property consigned or sent to them by ship, vessel, railroad or other carrier, from the time the bill of lading or receipt thereof by the carrier is deposited in the mail or given to the carrier for transmission, which pledge shall be perfect, with the right of sale of said property, which shall be fully vested in said consignee, with the right to appropriate the proceeds of sale to the payment of the amount due such consignee; provided, that nothing herein shall be so construed as to defeat or lessen the privilege of the laborers and landlords in this State for wages and rents as now existing by law, nor as defeating or lessening any other valid existing privileges or liens (as amended by Act 44, 1882, p. 56).

[Repealing Clause.]

SEC. 4. That this act shall take effect from and after its passage, and all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

See Sec. 2477 et seq.

See Act 27, 1894, printed at p. 1333. Privilege of Vendors of Sugar Cane.
Act 129, 1880, printed at p. 1330. Privilege of Physicians on Crops.

A' consignment under a bill of lading vests a perfect pledge in the consignee for any debt due him by the consignor, and the death of the latter will not affect the pledge so created. Allen vs. Nettles, Administrator, 39 An. 788.

A bona fide creditor of a consignor, who holds the latter's drafts, for value, with bills of lading endorsed in blank annexed to them, may be deemed the owner of the goods covered by the bills of lading; and when the consignee, not aware of the transfer of the bills of lading, disposes of the goods, he becomes liable to the holder for their value. The right of the consignee to be paid any debt which the consignor may owe him is second to that of the holder of the bills of lading. Bank vs. Mayer, 43 An. 1; Lallande vs. Creditors, 42 An. 705. Warehouse receipts, Bank vs. Bryant & Mathers, 49 An. 467.

The pledge of a crop executed under Act 66 of 1874 will be limited to the amount mentioned in the act of pledge, and while the creditor has a privilege on the whole crop until it has yielded that amount, the privilege is exhausted when that amount is realized by him from products to which the privilege attached, though a balance be still due him. The privilege attaches only to the crop made with the money or supplies furnished, and not on the debtor's property generally; and where the privilege is claimed against other creditors, the burden of proof is on the furnisher of supplies to show that the products on which the privilege is claimed are those produced with the money or supplies furnished. Minge & Co. vs. Barbre; Southern Cotton Oil Co. vs. Barbre, 51 An. 1285.

Advances made on crop must be paid out of the crop for which they were given. Succession of Waddell, 44 An. 361. Privilege exists only for advances made for plantation purposes. Succession of Osborne, 40 An. 615.

The shipment of property to a factor, unaccompanied by any instruction or agreement as to the application of the proceeds of that property when sold by the factor, will subject the property and its proceeds to the factor's privilege for the debt due him by the consignor. This privilege takes effect under Act 66, 1874,

R. S. 2907-Acts

and Aet 156, 1882, from the date the bill of lading is placed in the mail or in the hands of the carrier, and under the Code (Art. 3247) when the consignment is received. This privilege cannot be defeated by an order, given by the consignor to a third person, on the factor for the property or its proceeds after the privilege of the factor had attached, although the order was accompanied by a transfer of the bill of lading. Ouachita National Bank vs. Julius Weiss & Co., 49 An. 573. Negotiability of Bills of Lading. See titles " Negotiable Receipts," p. 1156; "Warehouses." Act 72, 1876, printed at p. 1160.

PRIVILEGE ON CROPS TO FURNISHERS OF WATER.

Act 26, 1898, p. 35.

AN ACT creating a privilege upon crops to secure the payment of compensation for furnishing water to grow and mature the same.

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That any person, association of persons or corporations who shall furnish water to another for the purpose of aiding or assisting him in the growing or maturing of a crop, shall have a privilege co-equal with the privilege for supplies upon said crop to secure the payment of the agreed compensation therefor.

SEC. 2. Be it further enacted, etc., That all laws and parts of laws. in conflict herewith are hereby repealed.

The creditor under Act 26, 1898, has a privilege only where there is an agreed price. There is no price where the creditor has failed to deliver part of the thing stipulated in the contract, and the amount therein fixed is subject to diminution is an uncertain amount. The creditor in such a case can only recover in an action quantum meruit. There is therefore no agreed price, and so no privilege. Terre Canal Co. vs. Burgin, 106 La. 309.

RECORDING-SEPARATE BOOK.

Act 51, 1890, p. 43.

AN ACT relative to the recordation of liens, privileges and pledges on

crops.

SECTION 1. That it shall be the duty of the clerks of the District Courts and ex-officio recorders throughout the State, the parish of Orleans excepted, to keep a separate book in the mortgage office for the recordation of liens, privileges and pledges on crops instead of in the mortgage book, and such recordation shall have the same effect as if it was made in the mortgage book as heretofore provided by law; provided that when the same act shall contain a mortgage on real estate and a privilege on crops, it shall be sufficient to record such act in the mortgage book only.

SEC. 2. That this act shall take effect from and after January 1st, 1891, and that all laws contrary to or inconsistent with the provisions of this act be and the same are hereby repealed.

Act 89, 1886-R. S. 2913

RANK AND ORDER OF PLEDGES, ETC., ON CROPS.

Act 89, 1886, p. 127.

AN ACT to establish the rank and order of preference of privileges and pledges on crops.

SECTION 1. That all privileges and pledges on crops, granted by existing laws of this State, shall be ranked in the following order of preference, viz. :

First-Privilege of the laborer.

Second-Privilege of the lessor.

Third-Privilege of the overseer.

Fourth-Pledges, under Section 1 of Act No. 66 of 1874, in order of

recordation.

Fifth-Privilege of furnishers of supplies and of money, and of the

physician.

See Act 51, 1890, printed at p. 1341. Recording-Separate Book.

PROVISIONAL SEIZURE.

2908. When writ of provisional seizure will issue before rent is due. See C. P., Art. 287.

Conservatory writs will issue on filing of affidavit and bond and before filing suit. C. P., Art. 237, part 2, amended by Act 14, 1880, p. 20. See Sec. 1114, Legal Holidays, but conservatory writs may issue. C. P. 207 amended by Act 98, 1890, P. 115.

Act 43, 1882. Clerk of Court may issue writ. Printed at p. 173.

2909 and 2910. Provisional seizure of ships and furniture may be set aside by defendant upon furnishing bond. See C. P., Arts 298, 287.

2911. Property bonded, how appraised. See C. P., Art. 287. 2912. Additional causes for writ. See C. P., Art. 285.

Act 25, 1874. Suits, how tried. Printed at p. 1335.

[Additional Causes for Writ.]

2913. In addition to the cases in which provisional seizures are allowed by law, the right to such remedy shall be allowed to laborers on farms or plantations where they shall sue for

R. S. 2914-Acts

their hire, or may fear that the other party is about to remove the crops, in the cultivation of which they have labored, beyond the jurisdiction of the court (Act, 1867, p. 3).

See Act 25, 1874. Where such suits shall be tried. Printed at p. 1335.

2914, 2915. Provisional seizure of ships or other property may be set aside by defendant or intervenor upon furnishing bond. See C. P., Art. 289, parts 3, 4.

See Act 51, 1876. Intervenor's right to bond. Printed at p. 43.

PROHIBITING THE SEIZURE OF CERTAIN PROPERTY. Act 63, 1874, p. 112.

AN ACT to prohibit the seizure of certain property.

SECTION 1. That it shall be hereafter unlawful in this State for any landlord, lessee or owner of any tenement house or houses, or any agent of such landlord, lessee or owner to seize, or cause to be seized, for rent due by the sub-lessee or inmates of such house or houses, any piano, organ or other musical instrument in said house or houses, which is hired for use from any company or individual, and is not the personal property of the inmates or sub-lessee aforesaid.

SEC. 2. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and this act shall take effect from and after its passage.

PLAINTIFF MAY BOND.

Act 19, 1877, p. 22.

AN ACT to authorize plaintiffs in suits by provisional seizure, to bond property after the expiration of ten days, when the defendant has failed, or neglected to bond the same.

SECTION 1. That in all cases where property has been seized by the sheriff or constable, under writs of provisional seizure, and the defendant has failed to bond the same after the expiration of ten days from said seizure, it shall be lawful for the plaintiff, his agent or attorney in fact to give similar bond and security to the sheriff as that required. by law from the defendant, and to take the property provisionally seized into his possession; provided, that this act shall not be construed as affecting the right of intervenors to bond under existing laws.

SEC. 2. That all laws or parts of laws contrary to or inconsistent with the provisions of this act be and the same are hereby repealed.