J. MILLARD TAWES, Governor                       1581

Distress for Grain or Produce

39B. Rent payable with portion of grain or produce—Landlord may
levy distress.

In all cases where land shall be rented in consideration of a render
of a portion of the crops raised upon the same, or for a specific
amount of grain or other produce, and the tenant shall fail to render
such grain or produce according to the terms of the contract, the
landlord may levy a distress for the same.

39C. Same—Appraisal.

Where the distress is for grain or produce, the bailiff or person
authorized to levy said distress shall summon and cause to be sworn
two disinterested persons, whose duty it shall be, under the said
oath, to estimate the money value of the specific amount or quantity
of grain, or other produce or proportion of the crops agreed upon
as rent, and thereupon the bailiff or person aforesaid shall proceed
to levy the said distress as in ordinary cases of money rent, taking
such estimated value to be such money rent. No such appraisal shall
be made when the distress is for money rent.

39D. Same—Delivery of grain or other produce or payment of esti-
mated value; replevin; contesting valuation.

The tenant whose goods are distrained under Section 39C shall have
his election at any time before the goods, chattels and property dis-
trained shall be sold under such distress to deliver the rent of grain
or other produce or proportion of crops to the landlord, or to pay him
the estimated value, together in both cases with the expense of said
distress; whereupon all proceedings in the said distress shall cease.
But nothing herein contained shall debar said tenant from any action
of replevin for the goods and chattels and property distrained as
aforesaid wherein it shall be lawful for the tenant to contest the
fairness of such valuation; and the said action shall in all respects
be proceeded with and the same verdict shall be rendered as in cases
of replevin of goods and chattels for money rent, the jury assuming
the estimated value, or what in their judgment the estimated value
should have been, to be such money rent.

39E. Number and compensation of appraisers.

No sheriff, constable or bailiff in cases of distress for rent shall
summon more than two appraisers of property distrained, and the
compensation of the appraisers shall be thirty cents each, to be
recovered and paid as other costs in such cases. In distress for money
rent the sheriff, constable, or bailiff shall not summon appraisers.

Rent Reserved as Crops
39F. Lien on crops—When share reserved as rent.

In all cases of renting lands wherein a share of the growing crop
or crops shall be reserved as rent, said rent reserved shall be a lien
on such crop or crops which shall not be divested by any sale made
thereof by the tenant, or by the assignment of the tenant in bank-
ruptcy or insolvency, or by process of law issued against the tenant.