40-27-1 Agister's lien for service and supplies -- Entitled to retain possession.
Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise provided in s 40-27-2. Such lien shall entitle the person to retain possession of such domesticated animals until the amount due is paid.
40-27-2 Authority from owner required for agister's lien.
Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals.
40-27-3 Notice to mortgagee of agister's lien -- Contents and service -- Priority over mortgage.
In the event animals subject to a lien under s 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the animals generally and give the name and address of the person entrusting the same and the date when the service commenced or a future date when it is to commence, and the probable amount of the charge for such service and supplies. The notice may be served personally upon the mortgagee or by sending the same by registered or certified mail to said mortgagee at his post-office address as set out in the mortgage. Upon service of such notice any charges for service or supplies subsequently accruing pursuant to the notice shall be a prior lien to said mortgage to the extent only of the value of said service and supplies.
40-27-16 Foreclosure of liens on livestock.
Any lien arising under the provisions of this chapter may be foreclosed under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require a foreclosure under chapter 21-53.
Reviewed by AAHS in July 2001.
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