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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2268   View pdf image (33K)
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2268 ARTICLE 53

any National or State bank, trust company, agricultural credit corpora-
tion, incorporated livestock loan company, savings institution, coopera-
tive bank, co-operative credit association, co-operative marketing associa-
tion, entitled to re-discount privileges with the Federal Intermediate
Credit Bank under the provisions of the Agricultural Credits Act of one
thousand nine hundred twenty-three of the United States, or any person,
firm or corporation, hereinafter designated as lienees, makes advances
either in money or supplies or other things of value to any person, asso-
ciation, partnership or corporation engaged in or about to engage in agri-
cultural pursuits, such of the lienees so making such advances shall have
a lien during such time as such advances remain unpaid on all of the
crops which may be planted or seeded or fruit crops maturing upon the
lands in or about the cultivation of which the advances so made have been
or were intended to be expended, after the making of such advances until
the repayment of such advances; but such of the lienees making such ad-
vances shall not have the benefit of a lien 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, within one year from the date of the agreement, shall not go,
and the said agreement shall contain a brief description of the land so
cultivated or to be cultivated; and said agreement shall be acknowledged
in the same manner as chattel mortgages and shall not be valid except as
between the parties unless such of the lienees so making the advances or
its agent shall make an affidavit that the consideration in said agreement
is true and bona fide as therein set forth; and the said agreement may be
recorded in the office of the Clerk of the Circuit Court for the county in
which the land upon which said crops shall be planted or intended to be
planted, is situate; and if said land lies in more than one county, then
said agreement may be recorded in the office of the Clerk of the Circuit
Court for each of the counties in which said land lies; and the respective
clerks in whose offices shall be filed all such agreements, shall record and
properly index the same in a well-bound book to be used for that purpose,
and, when so recorded, the same shall be deemed sufficient to give con-
structive notice of said lien, to all persons, including purchasers of said
crops and creditors, of said lienor, and for such recordation said clerk shall
be entitled to charge and receive for recording each crop lien agreement a
fee of not more than one ($1.00) dollar; provided, however, that the liens
now given to landlords under Section 25 of this Article or under any
existing law, shall not be affected by this section; and provided further
that in the event of a sale, under a mortgage or deed of trust executed and
recorded after the effective date hereof, of the land upon which any such
crop has been so seeded and/or may be growing and before said crop has
been gathered or harvested, such sale shall be made subject to the said
crop lien, and the rights of the lienee shall be protected in the same manner
and to the same extent as the rights of the debtor would be protected under
analogous circumstances under the provisions of Sections 27, 28 and 29
of Article 66 of the Annotated Code of Maryland.

For the purpose of showing the release of any crop lien agreement, the,
receipt of the lienee making the advances evidencing the payment of same
by the borrower or lienor shall, on presentation, be recorded by the clerk
of the court where the said agreement is recorded.

In so far as the provisions of this section may conflict with other Acts
or parts thereof, the provisions of this section shall control.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2268   View pdf image (33K)
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