University of Vermont AAHS

Michigan Liens for Service to Horses

 

NOTE: Michigan has a farrier's lien and a breeder's lien. It has no veterinarian's lien, but its agister's lien is broad enough to cover the chrarges for boarding a horse at a veterinary hospital.


 

I. Farrier's Lien

MICHIGAN COMPILED LAWS
CHAPTER 570. LIENS HORSESHOER'S LIEN

 

570.351. Lien for horseshoeing

Sec. 1. That every person who shall shoe or cause to be shod by his employes, any horse, mule, ox or other animal shall have a lien upon the animal shod for his reasonable charges for shoeing the same, and each lien conferred by this act shall take precedence of all other liens or claims thereon not duly recorded prior to recording claim of lien as hereinafter provided. But such lien shall not attach when the property has changed ownership prior to the filing of such lien.


570.352. Statement and notice; filing

Sec. 2. Any person desiring to secure the benefit of this act shall, within 60 days after the shoeing of such horse, mule, ox or other animal, or in case he shall have shod such animal more than once within that time, then within 60 days after the date of the last shoeing, file with the register of deeds of the county in which such animal is, a statement made under oath by the claimant or someone in his or her behalf and a notice of his intention to claim a lien upon such animal for his charges for shoeing the same.


570.353. Contents

Sec. 3. Such statement and notice shall state the name of the person claiming the lien, the name of the owner or reputed owner of the animal sought to be charged with the lien, and a description sufficient for identification of the animal upon which the lien is claimed and the amount due the claimant, as near as may be over and above all legal set-offs.


570.354. Successive liens upon same animal

Sec. 4. Any person may file successive liens upon the same animal for different charges for shoeing the same, and he may include in any 1 claim of lien his charges for any number of times of shoeing such animal: Provided, however, That no lien shall be had for any shoeing of any animal done more than 6 months prior to and filing of the notice of lien.


570.355. Duty of register of deeds; fees

Sec. 5. It shall be the duty of the register of deeds of the county, upon the presentation to him of any such statement and notice of lien, to file the same in his office in the same manner as provided by law for the filing of chattel mortgages; and he shall be entitled to charge and receive from the person filing such statement and notice the same fee as is required to be paid under the law of the state for the filing of a chattel mortgage.


570.356. Copy of statement and notice as evidence

Sec. 6. A copy of any such statement and notice of lien filed as aforesaid, certified by the register of deeds, shall be received in evidence in any proceeding taken to enforce the lien herein provided for, but only of the fact that such statement and notice of lien was received and filed according to the endorsements of the register of deeds of the county thereon, and of no other fact.


570.357. Suit for recovery of charges; commencement

Sec. 7. The person having such lien may commence a suit for the recovery of such charges in a court of competent jurisdiction against the person liable for the payment thereof.


570.358. Proceedings in case of personal service

Sec. 8. If such summons be returned personally served upon the defendant, the same proceedings shall thereupon be had in all respects as in other suits commenced by summons in which there is a personal service of process, and judgment shall be rendered in such suit in like manner.


570.359. Proceedings in case no personal service

Sec. 9. If the officer return upon such summons that the defendant cannot be found in his county, the same proceedings shall thereupon be had in all respects, as near as may be, as in suits commenced by attachment in which there is not a personal service of the attachment upon the defendant, and judgment shall be rendered in such suit in like manner.


570.360. Execution upon judgment

Sec. 10. If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect as upon judgments rendered in suits commenced by attachment, and the horse, mule, ox or other animal upon which the plaintiff holds such lien shall not be exempt from execution but may be sold to satisfy such execution in the same manner as if it had been seized and held upon an attachment in such suit.


570.361. Expenses; additional lien

Sec. 11. All expenses which shall have been incurred by the person having such lien, after the same accrued, shall be an additional lien upon the property, and shall be computed and ascertained upon the trial or assessment of damages, and included in the judgment.


570.362. Findings of court in case of suits or attachments

Sec. 12. In all suits or attachments prosecuted under the provisions of this act, the court or jury who shall try the same or make an assessment of damages therein, shall, in addition to finding the sum due the plaintiff, also find that the same is due for the cost of shoeing the horse, mule, ox, or other animal described in plaintiff's declaration and is a lien upon the same: Provided, however, That if the court or jury shall find that the amount due the plaintiff is not a lien upon the property described in the plaintiff's declaration, the plaintiff shall not be nonsuited thereby, but shall be entitled to judgment as in other civil actions; but in such case the plaintiff shall not recover or tax any costs other than those allowed and taxable in such case; and in those cases where the amount due is found to be a lien upon the property mentioned in plaintiff's declaration, the finding or verdict may be in the following form: (The court or jurors, as the case may be) say that there is due the plaintiff the sum of .......... dollars from the defendant, and that the same is due for his or her reasonable charges for shoeing the animal mentioned in plaintiff's declaration (giving a description sufficient for identification of the animal), and that the plaintiff has a lien upon the animal for the amount.


570.363. Proceeding when lien perfected; sale

Sec. 13. When the said lien shall be duly perfected, as above provided, the horse, mule, ox or other animal, as above provided, shall be disposed of to satisfy said lien as follows: The person obtaining said lien shall advertise said horse, mule, ox or other animal for sale, in the city, village or township as the case may be, where the claim of lien is filed, in a newspaper published within the city, village or township, as the case may be, if a newspaper be published within the city, village or township, and if not, in a newspaper published within the county once a week for 3 consecutive weeks, giving in said advertisement a description of said animal and cause of sale of same and at the expiration of said time, said horse, mule, ox or other animal shall be sold to the highest bidder, and the surplus, if any, after the payment of said lien and costs of court, and interest on said claim, to the claimant, shall be returned to the owner of said horse, mule, ox or other animal by the sheriff or constable, as the case may be, conducting said sale.
 

II. Breeder's Lien

MICHIGAN COMPILED LAWS
CHAPTER 287. ANIMAL INDUSTRY BREEDING OF HORSES

 

287.201. Stallions, enrollment, certificate; words construed

Sec. 1. Every person, firm, association or company offering for use for public service any stallion in this state shall cause the name, description, pedigree and physical condition of such stallion to be enrolled by the commissioner of agriculture and shall procure a certificate of such enrollment from said commissioner. The word "stallion" whenever used in this act shall be construed to include "jack." The word "mare" whenever used in this act shall be construed to include "jenny."


287.202. Enrollment certificate; procedure to obtain

Sec. 2. In order to obtain the enrollment certificate hereinafter provided for, the owner of each stallion shall forward to the commissioner of agriculture the stud book, certificate of registration, and any other document that may be necessary to define and describe such stallion, his breeding and ownership. The commissioner of agriculture shall examine and pass upon the merits of such pedigree and shall use as his standard of action the stud books and signatures of the duly authorized officers of the various pedigree registration associations, societies or companies recognized by him. Upon verification of the pedigree or certificate of breeding the commissioner of agriculture shall notify the owner of such stallion to this effect and shall proceed to examine such stallion at the owner's premises to determine the condition of soundness of such stallion. The commissioner of agriculture shall authorize the state veterinarian or his regularly appointed representative, to proceed at the time and place designated in said notice to said owner to make an examination of such stallion and shall certify to the best of his knowledge and belief the physical condition of such stallion, specifying the nature and extent of unsoundness, if any, of such stallion, and shall immediately forward such certificate to the office of said commissioner of agriculture.


287.203. Advertising stallions

Sec. 3. Every bill or poster issued by the owner of any stallion licensed under the provisions of this act, or used by him or his agent for the purpose of advertising such stallion, shall contain a copy of the certificate of enrollment of such stallion, and said bills or posters shall not contain illustrations, reference to pedigree or other statements that are untruthful or misleading. Reference to such stallions in newspapers, stock papers and other advertising mediums shall contain the name of such stallion, number of certificate of enrollment, and shall designate in letters not smaller than pica the true breeding of such stallion as given in said certificate of enrollment.


287.204. Enrollment certificate, issuance, contents; refusal to issue; posting

Sec. 4. The commissioner of agriculture shall issue enrollment certificates. Such enrollment certificate shall have a distinctive number and be such as to show the true breeding and physical condition of the stallion enrolled. The commissioner of agriculture may refuse to issue an enrollment certificate for any stallion in which stallion the presence of any 1 of the following named diseases in a transmissible, hereditary or contagious form shall be shown so as to render such stallion unsuitable to improve the horse stock of the state: Cataract; amaurosis (glass eye); periodic ophthalmia (moon blindness); laryngeal hemiplegia (roaring or whistling); pulmonary emphysema (heaves, broken wind); chorea (St. Vitus' dance, crampiness, shivering, string halt); bone spavin; ringbone; side bone; navicular disease; bog spavin; curb, with curby formation of hock; glanders, farcy; maladie du coit; urethral gleet; mange; melanosis; or any contagious or infectious disease. The commissioner of agriculture may refuse to issue an enrollment certificate for any stallion deemed unfit to improve the horse stock of the state. The owner of any stallion to whom an enrollment certificate shall be issued shall post and keep affixed copies of such enrollment certificate in a conspicuous place both within and upon the outside of every building where such stallion is kept for public service.


287.205. Enrollment fees; expiration of certificate, renewal; transfer of ownership, fee; death; disposition of fees

Sec. 5. A fee of 5 dollars shall be paid, by the owner of each stallion offered for enrollment, to the commissioner of agriculture at the time of the first application for a certificate of enrollment. The fee so paid shall be in full for the examination and enrollment of such pedigree, the physical examination of such stallion, and the issuance of a certificate of enrollment. Enrollment certificates shall expire December thirty-first of the year immediately following the year in which issued. The owner of any stallion whose certificate of enrollment has expired may make application for a new certificate of enrollment by filing with the commissioner of agriculture the last issued certificate of enrollment and paying a fee of 3 dollars on or before March fifteenth, in the year following such expiration, and a new certificate of enrollment shall be issued by the commissioner of agriculture to the owner of such stallion. Such certificate of enrollment shall expire December thirty-first of the year immediately following the year in which issued. Upon transfer of ownership of any stallion enrolled under the provisions of this act, the certificate of enrollment must be transferred to the new owner by the commissioner of agriculture upon submittal of satisfactory proof of such transfer of ownership and upon the payment of a fee by the owner of such stallion of 1 dollar. In case of death or change of ownership of any stallion enrolled under the provisions of this act, the owner of the same shall immediately inform the state commissioner of agriculture. All fees received by the commissioner of agriculture under the provisions of this act shall be paid into the state treasury to be credited to the general fund.


287.206. Powers of commissioner

Sec. 6. The commissioner of agriculture is hereby authorized to provide for official examination of pedigrees and certificates of breeding and ownership, to issue license certificates for stallions enrolled under this act, to compile and publish statistics relative to horse breeding in Michigan and other information of value to the horse breeders of this state, and to incur such other reasonable expenses as may be necessary to carry out and enforce the provisions of this act.


287.207. Complaint; revocation of certificate; use of unenrolled stallion prohibited; exception

Sec. 7. The commissioner of agriculture shall have the right at any time to take cognizance of any complaint reporting unsoundness of any stallion enrolled under the provisions of this act, and to examine such stallion if deemed necessary. In case any such stallion upon such examination shall be found to be unsound or not suitable to improve the horse stock of this state, the commissioner of agriculture shall revoke the certificate of enrollment issued to the owner of such stallion. No person, firm, company or association shall offer for use for public service, in this state any stallion which is not enrolled under the provisions of this act. The breeding of any mare with any stallion or jack shall be construed as offering said stallion or jack for public service: Provided, That nothing in this act shall be construed to prevent the individual owner of any unlicensed stallion or jack from breeding any mares kept on his own premises and of which mares he is the bona fide and sole owner.


287.208. Stallions imported; examination, certification, fee

Sec. 8. Every stallion brought into this state from another state or from a foreign country to be offered for sale or for public service shall, before any such sale or use is made, be examined by the state veterinarian, or his official representative, and certified by said state veterinarian, or his representative, that said stallion is free from hereditary, contagious, or transmissible unsoundness or disease and is of good formation and breed type and suitable to improve the horse stock of this state. A fee of 5 dollars shall be paid therefor before such examination is conducted: Provided, If application is made for enrollment before such examination is made said 5 dollars will also cover fee for enrollment.


287.209. Penalty

Sec. 9. Any person, firm, company or association violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not less than 25 dollars nor more than 100 dollars, or by imprisonment in the county jail not more than 30 days, or by both such fine and imprisonment in the discretion of the court.


287.210. Lien for service of stallion, filing; sale of mare or foal; lien

Sec. 10. Having complied with the provisions of this act, the owner or any stallion shall have a lien for the sum stipulated to be paid for the service thereof, upon the mare served by any such stallion in breeding thereof, and upon the offspring of such stallion by filing at any time within 18 months after the date of service, a statement of the account thereof, together with a description as to color, and white markings of the female served, and the name of the owner at the date of service, in the office of the register of deeds of the county wherein the owner of said female resided at the time of service. Such lien shall exist for a period of 1 year from the date of foaling of said colt, or if credit is given, from the expiration of the credit, and shall have priority over all other liens and encumbrances upon the offspring. Neither the mare nor the foal shall be sold within 18 months after the date of service, unless the service fee shall be paid, unless such sale shall be agreed to and approved in writing by the owner of the stallion at the time of the sale or transfer of the mare or foal. At any time after the offspring shall have been foaled, any person having such lien may enforce the same by the same proceedings and in the same manner as is provided by sections 13189 to 13192, inclusive, of the Compiled Laws of 1929: Provided, however, That the owner of any such stallion may institute suit to collect the lien in the county in which the mare is served.
 

III.  Agister's Lien

MICHIGAN COMPILED LAWS
CHAPTER 570. LIENS
LIENS ON PERSONAL PROPERTY

 

570.185. Lien of mechanic, artisan, or tradesman; manufacture of goods or keeping of animals

Sec. 35. Whenever any person shall deliver to any mechanic, artisan, or tradesman, any materials or articles for the purpose of constructing in whole or in part, or completing any furniture, jewelry, implement, utensil, clothing, or other article of value, or shall deliver to any person any horse, mule, neat cattle, sheep, or swine to be kept or cared for, such mechanic, artisan, tradesman, or other person shall have a lien thereon for the just value of the labor and skill applied thereto by him, and for any materials which he may have furnished in the construction or completion thereof, and for the keeping and care of such animals, and may retain possession of the same until such charges are paid.


570.187. Enforcement; sale; form of notice, proceeds

Sec. 37. In either of the cases mentioned in the 2 preceding sections, if the owner of the property, materials, or stock so delivered, or the person entitled thereto shall not, when such article shall have been constructed, completed, altered, fitted, or repaired, or the time having expired for the keeping such stock, and the same being ready to be delivered to such owner or other persons, and the charges thereon shall be due and payable, pay to such mechanic, artisan, tradesman, or other person the amount of such charges, the person having such lien may enforce the same as hereinafter provided: Provided, however, Any mechanic, artisan or tradesman who shall make, clean, alter or repair any article of personal property at the request of the owner or legal possessor of personal property shall have a lien on such property so made, cleaned, altered or repaired for his just and reasonable charges for work done, and material furnished, and may hold and retain possession of the same until such just and reasonable charges shall be paid, and in default of payment may foreclose said lien, as hereinafter provided. When any property upon which a mechanic, artisan, tradesman, or other person shall have a lien for unpaid charges under this act shall remain in possession of a mechanic, artisan, tradesman or other person without payment and without proceeding at law in reference thereto, for a period of 9 months, such mechanic, artisan, tradesman, or other person may sell such property at public sale upon like notice and proceeding as in the case of a constable sale on execution. Thirty days before the date of said sale, such mechanic, artisan, tradesman or other person shall give notice of the time and place of said sale and the amount claimed, by depositing the same in the postoffice with postage prepaid and registered and addressed to the last known address of the said owner or person who delivered said property to such mechanic, artisan, tradesman, or other person and which notice may be in substance as follows:

................, Michigan.

..................., 19 ....

John Smith,

.................., Michigan.

You are hereby notified that I hold the property hereinafter described and claim a lien upon the same for work (and materials) and expenses in connection therewith, amounting to ............ dollars, and that I shall offer said property for sale at my place of business (in the township of ............), at number ............ street, in the city of ............, county of ............, State of Michigan, on the ............ day of ............, at ...... o'clock in the ............ noon, to satisfy the amount of my said claim and expenses.

Said property is described substantially as follows:

Signed,

...............

If such owner or other person in his behalf shall not pay the amount of such claim and charges before the advertised day of sale, said property shall thereupon be sold pursuant to said notice of sale, to the highest bidder, and said mechanic, artisan, tradesman or other person may become the purchaser. The proceeds of such sale shall be applied to the payment of said lien, costs and expenses, and the balance, if any, shall be paid to the city or township clerk of the city or township where such sale takes place, for the benefit of such owner, and notice of such deposit shall be sent to him by registered mail.


570.188. Suit for recovery of charges; commencement

Sec. 38. The person having such lien may commence a suit for the recovery of such charges in a court of competent jurisdiction against the person liable for the payment thereof.


570.189. Proceedings in case summons is personally served

Sec. 39. If such summons be returned personally served upon the defendant, the same proceedings shall thereupon be had, in all respects, as in other suits commenced by summons, in which there is a personal service of process, and judgment shall be rendered in such suit in like manner.


570.190. Proceedings in case defendant cannot be found

Sec. 40. If the officer return upon such summons, that the defendant cannot be found, within his county, the same proceedings shall be thereupon had, in all respects, as near as may be, as in suits commenced by attachment, in which there is not a personal service of a copy of the attachment upon the defendant, and judgment shall be rendered in such suit in like manner.


570.191. Judgment and execution

Sec. 41. If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect, as upon judgments rendered in suits commenced by attachment, and the property upon which the plaintiff holds such lien, or so much thereof as shall be sufficient to satisfy such execution, may be sold thereon in the same manner as if it had been seized and held upon an attachment in such suit.


570.192. Application of chapter

Sec. 42. The provisions of this chapter concerning liens upon personal property, and enforcing the same, shall apply to all cases of personal property on which the bailee or keeper thereof has by law a lien for any keeping, feed, care or labor by him bestowed upon such property.


570.193. Additional lien for expense of keeping animals

Sec. 43. If the property upon which any such lien shall be enforced as provided in this chapter, consists of horses, cattle, sheep, swine, or other beasts, and any expenses shall have been incurred by the person having such lien after the same accrued, in keeping and taking care of such property, the amount of such expenses shall be an additional lien upon the property, and shall be computed and ascertained upon the trial, or assessment of damages, and included in the judgment.

 

Reviewed by AAHS in August 2001.


 Return to Top of This Page
 Return to Service Liens Page