18-48-101 Lien of livery stable keepers.
(a) All keepers of livery, sale, or feed stables, or wagonyards shall have a lien on all horses, mules, or other stock or property left in their charge to be kept, fed, sold, or otherwise cared for and sheltered for all their reasonable costs and charges for feeding, keeping, and otherwise taking care of them.
(b) For this lien, stable or wagonyard keepers are authorized to keep possession of any of the aforementioned property until such reasonable charges are paid or tendered to them or their agents by the owner of the property or his or her agents.
(c) In case any such property shall be left with a stable or wagonyard keeper, and not be called for by the owner thereof, and the charges and costs paid thereon to the keeper before the charges and costs shall amount to the value thereof, and the cost of selling the property as provided in § 18-48-102, it shall be lawful for the stable or wagonyard keeper to sell the property in the manner prescribed in § 18-48-102.
18-48-102 Sale of property on behalf of livery stable keeper.
(a) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may, and it shall be lawful for him to, have the property sold at public sale. He must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale. Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published.
(b) Out of the proceeds of the sale there shall be paid:
(1) The costs and expenses of the sale;
(2) The amount due the stable or yard keeper for keeping and feeding the stock; and
(3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold.
(c) All sales of property under this subchapter shall be made by a public
and licensed auctioneer if there is one in the town or city where the sale is made and, if
none, then by a constable of the township in which the stable or yard is situated.
As used in this subchapter, unless the context otherwise requires:
(1) "Person" means any individual, firm, or corporation, including copartnerships, trusts, associations, and similar legal entities, and duly authorized agents of such person;
(2) "Lienholder" means any person who holds a lien upon livestock by virtue of a valid conditional sale contract, chattel mortgage, or other encumbrance;
(3) "Livestock" means any horses, mules, cattle, sheep, or hogs, and their increase, but shall not be limited solely to those animals specifically named;
(4) "Owner" means any person who has title to livestock, either legal or equitable;
(5) "Written contracts" means any original impression or copies duly signed by the owners and the person tending or agreeing to tend the livestock. No acknowledgment is required in order for written contracts or for written notice or written protest to be subject to being filed in the clerk's office under the provisions of this subchapter;
(6) "Circuit clerk" means the office in the county where records of deeds and mortgages are kept. In counties with more than one (1) county seat, it means the office where records of deeds are filed relating to the larger portion of the land where the livestock is kept.
18-48-202 Stolen livestock exempted.
The lien provided under this subchapter shall not apply to any stolen livestock.
18-48-203 Filing of written contracts for tending of livestock.
(a) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched. If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside.
(b) The fee to the clerk for filing shall be fifty cents (50 cents ).
(c) The clerk shall list the liens in a separate book kept for "Agistor Liens." It is not necessary for the clerk to record these contracts, but the clerk will retain them in his office.
(d) The lien shall be effective only when these provisions have been complied with and from the date when the last contract is filed.
18-48-204 Recording, etc., of liens by third parties.
(a) Holders of conditional sale contracts shall not be required to record their contracts.
(b) Holders of chattel mortgages and other claimants of liens upon livestock must comply with laws relating to recording, filing, and otherwise required as notice to bona fide third parties before they are entitled to receive the notices mentioned in § 18-48-211 relating to lienholders.
18-48-205 Priority of liens.
(a) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them. This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter.
(b) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched. This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance.
(c) The circuit clerk shall be entitled to fifty cents (50 cents ) for filing this written protest, and it shall be a legal debt of the person claiming the lien under this section even though the fifty cents (50 cents ) is paid in the first instance by the conditional sale vendor, mortgagee, or other holder of encumbrance.
(d) The holder of the conditional sale contract, chattel mortgage, or other encumbrance will not be bound by any extensions of time as provided for in the original contract, or for any other modifications of the contract, unless the lienholder consents in writing to it.
18-48-206 Lien of livestock tender -- Amount.
Any person to whom horses, mules, cattle, sheep, hogs, or other livestock shall be entrusted by their owners or their agent for the purpose of feeding, herding, pasturing, keeping, or ranching shall have a lien upon the horses, mules, cattle, sheep, hogs, or other livestock for the amount that may be due for feeding, herding, pasturing, keeping, or ranching, and for all costs incurred in enforcing the lien, including a reasonable sum for attorney's fees. The amount that may be due shall either be the specific sum or the share of the livestock set by written contract or, if no specific sum or share is agreed upon, a reasonable sum for the services.
18-48-207 Possession of livestock by tender.
When the lien becomes effective, the person tending livestock shall be entitled to retain possession of the livestock until payment in full has been made for the feeding, herding, pasturing, keeping, or ranching.
18-48-208 Delivery of animals as waiver of lien -- Exception.
The voluntary delivery to the owners or lienholders of all livestock tended by a person tending them under this subchapter shall be held to waive or abandon the lien. However, the holder of the lien under this subchapter may allow the owners of the livestock, or lienholders, to transport them to market for sale in the joint names of the holder of the lien and of the owners of the livestock, or of the lienholders, and in that event the lien provided in this subchapter shall not be waived or abandoned.
18-48-209 Time for enforcement of lien.
If the owners fail to pay the fixed charges provided for in the written contract, or otherwise breach their agreement, the person who has custody of the livestock may proceed to enforce his lien under this subchapter at any time after ten (10) days from the date when the payment became delinquent or when the contract was breached, but at no time later than one (1) year from the date of delinquency or of breach of contract.
18-48-210 Methods of enforcement.
The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in either the circuit court or chancery court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy.
18-48-211 Notice required prior to public sale -- Affidavit -- Waiver of notices.
(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested.
(b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least once a week for a space of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place.
(c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published.
(d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk.
(e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in the clerk's office.
18-48-212 Sale and disposition of proceeds.
(a) All sales under this subchapter shall be at public auction for cash.
(b) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale. These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.
Reviewed by AAHS in June 2001.
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