University of Vermont AAHS

New Hampshire Liens for Service to Horses

 

NOTE: New Hampshire has no veterinarian’s or farrier’s lien. It does have a combined agister’s and breeder’s lien. The agister’s lien is broad enough to cover veterinarian and farrier services to a horse in the possession of the service provider.

 

NEW HAMPSHIRE STATUTES
TITLE XLI. LIENS
CHAPTER 448. LIENS FOR BOARD, LODGING, AGISTMENT, SERVICE OF STALLION

 

448:2. Pasturage, etc.

A person to whom horses, cattle, sheep or other domestic animals shall be entrusted to be pastured or boarded shall have a lien thereon for all proper charges due for such pasturing or board until the same shall be paid or tendered.


448:2-a. Lien for Food and Care

Any person or carrier who transports animals shall have a lien upon such animals for food, care, and custody furnished, and shall not be liable for their detention.


448:3. Service Fee

Colts foaled in this state shall be subject to a lien to secure the payment of the service fee for the stallion, which shall continue in force until the colt is 8 months old, and may be enforced by an attachment of such colt at any time after it is 4 months old; said lien shall take precedence of any other claim.


448:4. Limitation

Such lien shall not be enforced unless the owner or manager of such stallion shall have complied with the requirements of RSA 441. [RSA 441 was replaced by RSA 435:1 through 435:5.]


  TITLE XL. AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
CHAPTER 435. ANIMAL CARE, BREEDING AND FEED BREEDING ANIMALS


435:1. Certificate

Every person who offers for hire the service of a stallion for breeding purposes shall make a certificate stating the name, color, age, size and pedigree, so far as known, of the stallion, and the name and residence of the person by whom he was bred, and shall cause the certificate to be recorded by the commissioner of agriculture, markets, and food. He shall also post a copy of said certificate in a conspicuous location on the premises where the stallion is housed and shall give a copy of it to the keeper of each mare served by the stallion for hire.


435:2. Record

It shall be the duty of the commissioner to record all such certificates offered for record in a book to be kept in his office for that purpose, upon tender of lawful fees therefor.


435:3. Neglect to Furnish

If any person who offers for hire the service of a stallion for breeding purposes neglects to make such certificate, or to have it recorded, he shall not be entitled to recover anything for the service of the stallion; neither shall he be entitled to recover for such service from a person to whom he has not given a copy of the certificate, unless he shows that the person had actual knowledge of the certificate at the time of the service.


435:4. False Statement

If any person knowingly and willfully makes a false statement in such certificate, or inserts in posters or notices advertising the stallion, or gives to the keeper of a mare served by the stallion, a false certificate, he shall be fined $100.


435:5. Colts Less Than 90 Days Old

I. It is unlawful for any person in this state to have in his possession an equine colt that is less than 90 days old that is not being nursed by its dam, unless the colt was born in this state, and its dam has died within this state before the colt became 90 days old.

II. It is unlawful for any person in this state to sell an equine colt that is less than 90 days old that is not being nursed by its dam.

III. If convicted of a violation of this section a person shall be guilty of a misdemeanor.

 

Reviewed by AAHS in August 2001.


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