Monday, September 4, 2017

Amanuensis Monday~Calvin and Frederick Rivers Agricultural Lien



Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is an Agricultural Lien Executed by Calvin and Frederick Rivers with Graeser & Smith.

DB 2, page 413
DB 2, page 414





































Calvin Rivers & Others to Graeser & Smith Lien

The State of South Carolina}
Chesterfield County }
Memorandum of Agreement, made and entered into the Fifteenth day of February in the year of our Lord One thousand eight hundred and seventy between Graeser & Smith of the State aforesaid, of the first part and Calvin Rivers and Frederick Rivers of the second part.
First, the parties of the first part agree with the party of the second part, who is engaged in the cultivation of the soil upon a plantation in Chesterfield County So. Ca., adjoining the lands of Eliza White and others, on Thompson’s Creek to make advances to him during the current year, in manners and provisions(?) to be used and expended in the planting of said plantation and cultivation of the soil, the said advances not to exceed, in all, the sum of One Hundred ($100.00) Dollars.
Second, the party of the second part agrees with the parties of the first part, in consideration of the advances so made, and to be made by them to him, that he will expend and apply the whole of said advances in and upon the planting and cultivation of his plantation in Chesterfield County as above described in which he is now engaged; and for and in consideration of the premises, the said party of the second part, hath given and granted, and by these presents doth give and grant to the said parties of the first part, and to the survivor or survivors of them, and the Executors and Administrators or Assigns of such survivor, a lien on the whole of the marketable crops which shall or may be made this current year upon the land, in the cultivation of which the advances so made by the parties of the first part shall be expended in preference to all other liens, existing or otherwise, to the extent and amount of such advances together with interest thereon at the rate of Twelve (12%) per cent, per annum, in accordance with the provisions of the Act of Afsembly of the Sate, entitled “An Act to secure advances for Agricultural Purposes,” ratified on the twenty fifth day of September eighteen hundred and sixty six, and subject to all the powers, conditions and provisions therein contained.
Third, The party of the second part doth herby mortgage to the party of the first part, as an additional security for the fulfillment of the terms of this Lien, all the mules, horses, cattle and farming implements on said plantation, consisting as follows, Viz: This obligation to be void as soon as the terms of this agreement are complied with.
Fourth. The party of the second part covenants and agrees with the parties of the first part in consideration of the advances, so made, and to be made by them to him, that he will send to them, for sale on commifsion the whole of the cotton crops made on said plantation, and in default thereof, that he will pay to them a commifsion of Five (5) per cent, on the estimated value of every bale of cotton not sent to them for sale, And further, the party of the second part gives the party of the first part a lien on the whole of the marketable crops for said commissions, in the same manner as for the advances previously named.
Fifth. The party of the second part obligates to send to the parties of the first part, sufficient cotton to pay all advances prior to the 15th November next, and acknowledges all advances made as a debt, without further proof, and further agrees that all sums or balances or advances and debt not paid by 15 November next, shall be entitle to interest at the rate of Loan and –a--half per cent, per month, from that date until paid. In testimony whereof, the parties hereto have here under set their hands, in duplicate, the day and year first above written.
Signed and delivered} W. L. T. Reid & Sons Agnt
In the Presence of }                                                                 s/Calvin Rivers
A. T. Gaillard}                                                                        s/Fred Rivers

{U. S. Stamps amounting to}
[Five cents properly cancelled}

The State of South Carolina}
Chesterfield County}
Personally appeared before me A. T. Gaillard and made oath that he saw the within named W. L. T. Reid & Sons Calvin Rivers & Fred Rivers sign and as their act and deed deliver the within named written Lien and that I witnessed the execution thereof.
Sworn to before me, this Third
Day of March 1870
P. A. Brock, L. W.


After the Civil War times were very tough for everyone in the South. The period between 1865 and 1877 was known as the Reconstruction Era.  After returning from the war, those that did return, found their lands in a very sad state. Their money was useless and ”barter” became a way of life. Those that did have money exacted a “high cost” for those that were able to get a loan and in most cases a “lien” on their assets to enable them to borrow enough to plant and harvest another crop.

The above lien in typical for this time period and almost everyone borrowed money from these “money lenders”. 






_________________________
[1] Land Deed - Calvin and Frederick Rivers to Graeser & Smith, Lien.; 15 February 1870; Deed Book #Book 2; Page(s) 413-415; Register of Deeds; Chesterfield, Chesterfield County, SC; 31 August 2017.



































No comments:

Post a Comment