NOTE: Alabama has all three types of liens for service to
TITLE 34 PROFESSIONS AND BUSINESSES
CHAPTER 29 VETERINARIANS
ARTICLE 4 VETERINARY PRACTICE
34-29-86 Abandoned animals.
(a) Any animal placed in the custody of a Licensed Veterinarian for the treatment, boarding, or other care which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his or her agent at his or her last known address shall be deemed to be abandoned and may be turned over to the nearest humane society or dog pound or sold to collect the lien pursuant to Sections 35-11-390 and 35-11-391.
(b) The giving of notice to the owner or the agent of the owner of the animal by the
Licensed Veterinarian as provided in subsection (a) shall relieve the Licensed
Veterinarian and custodian to whom the animal may be given of any further liability for
(c) For the purpose of this article, the term abandoned shall mean to forsake entirely, to neglect, or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his or her agent. The abandonment shall constitute the relinquishment of all his or her rights and claims by the owner to the animal.
(d) The disposal of an abandoned animal shall not relieve the owner or agent thereof of
any financial obligation incurred for treatment, boarding, or care by the Veterinarian.
TITLE 35 PROPERTY
CHAPTER 11 LIENS
ARTICLE 5 LIENS OF PARTICULAR PERSONS OR CLASSES OF PERSONS
Division 16 Veterinarians
Every veterinarian duly licensed to practice veterinary medicine and surgery in the state of Alabama who holds a certificate of qualification as provided by chapter 29 of Title 34 shall have a lien on every animal kept, fed, treated or surgically treated or operated on by him while in his custody and under contract with the owner of such animal, for payment of his charges for keeping, feeding, treating or surgically treating or operating on such animal, and he shall have the right to retain such animal until said charges are paid.
(a) If the charges due for the services named in section 35-11-390 are not paid within 10 days after demand therefor on the owner of said animal, in person or by registered or certified mail, addressed to him at the address given when said animal is delivered to the veterinarian, the veterinarian is authorized to sell the animal either at public or private sale, and if he does not succeed in selling such animal within 15 days after the date of the demand for payment was made in person or by registered or certified mail, then the veterinarian may dispose of such animal in any other manner that he deems proper.
(b) When any animal is sold by a veterinarian as authorized in subsection (a) of this section to satisfy a lien for any of the services enumerated in section 35-11-390, any surplus realized from the sale less said charges and any expenses incurred in making the demand for payment thereof or in connection with the sale shall be paid to the owner of the animal.
(c) Failure of the owner of any such animal to receive the demand by registered or certified mail provided for in subsection (a) of this section, if addressed as therein specified, shall not render the veterinarian liable to the owner of such animal for the disposal of said animal in any manner provided in this division.
(d) No legal proceeding for the enforcement of the lien created by section
35-11-390 shall be necessary other than compliance with the requirements herein provided.
TITLE 35 PROPERTY
CHAPTER 11 LIENS
ARTICLE 5 LIENS OF PARTICULAR PERSONS OR CLASSES OF PERSONS
Division 1 Agisters or Trainers
(a) Any keeper, owner, operator or proprietor of any pasture kept for grazing stock or of any cattle or livestock feed or fattening lot, or any keeper, owner or proprietor of any stable for the development or training of horses, or any person who keeps, fattens, feeds, cares for, trains or develops any horse, horses, cattle or livestock for another shall have a lien on all such horses, cattle or livestock so kept, fed, pastured, trained, cared for, fattened or developed by him, or under his control, for the payment of his charges for keeping, feeding, pasturing, training, caring for, fattening or developing the same, and he shall have the right to retain such horse, horses, cattle, livestock or stock, or so many thereof as may be necessary for the payment of such charges.
(b) If the charges, claims or demands under subsection (a) when due are not paid within 10 days after demand therefor, such person, keeper, owner, operator, proprietor or trainer is authorized, on giving 10 days' notice of the time and place of such sale, by advertisement in some newspaper published in the county in which said stable, pasture or cattle, or livestock feed or fattening lot is located, once a week for two successive weeks, or if there is no such paper, by posting the notice in three conspicuous places in the county, to sell the stock for the payment of the charges and expenses for keeping, feeding, pasturing, training, caring for, fattening or developing said stock, and also the costs and expenses of the sale and advertising and the balance, if any, he shall pay over to the owner of such stock.
Division 3 Mechanics, Blacksmiths and Woodworkmen
Any blacksmith, woodworkman or other mechanic who contributes his labor and material, or either, to the production, manufacture or repair of any vehicle, implement, machine or article of any kind, shall have a lien thereon in the hands of any person for whom such vehicle, implement, machine or article was made or repaired, or to whom sold, and in the hands of any purchaser with notice of such lien, for the agreed price, or the value if no price was agreed upon, of the labor and material, or either, contributed to the production, manufacture or repair of the same. Said lien shall be subordinate to any security interest under the Uniform Commercial Code in such vehicle, implement, machine or article, which security interest was perfected prior to the time said labor or material was contributed, unless the secured party holding said security interest authorized the contribution of said labor or material.
Any person entitled thereto may enforce such lien in any court of competent jurisdiction, by attachment issued by any officer authorized to issue such writs, upon executing bond as in other cases of attachment, and upon making affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant, and describing the property on which the lien is claimed and setting forth all the facts necessary to the creation of the lien under section 35-11-110, and the amount due, and that one of the following causes of attachment exists:
(1) That the person for whom such vehicle, implement, machine or article was made or repaired, or to whom sold, is the owner thereof, and that the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some part of either, is due and unpaid.
(2) That the person for whom such vehicle, implement, machine or article was made or repaired, or to whom sold, has transferred or sold the same to a purchaser with notice of the lien, and that the price, if agreed on, or if not, the value of the same, or of the repair thereof, or of some part of either, is due and unpaid.
35-11-112 Joinder of actions.
(a) Persons having liens under the provisions of this division, on the same property, may join in the same action for the enforcement of their respective liens; and when there is such joinder, the court or jury trying the action must ascertain the amount due to each of the plaintiffs secured by the lien, and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs to establish his or their liens shall not defeat a recovery by the others. The proceeds of the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs, shall be distributed, after payment of the costs, pro rata among them.
(b) When persons having such liens on the same property refuse, after
notice in writing, to join in such action, the persons giving the notice may proceed
without them on making affidavit of the fact of such notice and refusal; and notice of the
levy of the attachment must be served on the persons refusing to join in the manner and
within the time required for the service of such notice on the defendant; and such
persons, either at the trial, or at any time prior thereto, on making affidavit setting
forth all facts necessary to the creation of their liens, and the amounts thereof, may be
made plaintiffs in the action, and the action shall then proceed as if commenced jointly
by them with the original plaintiffs; but on their failure to thus join, the action shall
proceed for the benefit of the original plaintiffs, who shall, in that event, be entitled
to priority of satisfaction.
TITLE 2 AGRICULTURE
CHAPTER 15 LIVESTOCK
ARTICLE 11 PROTECTION OF BREEDERS AGAINST BOGUS OR FRAUDULENT PEDIGREES
The purpose of this article is to protect farmers of this state against damage resulting from breeding to sires advertised with bogus or fraudulent pedigrees and to secure to the owners of sires payment for service.
2-15-311 Statement of pedigree, etc.
Every owner of a sire charging a service fee, in order to have a lien upon the get of any such sire under the provisions of this article for said service, shall file a statement verified by oath or affirmation to the best of his knowledge and belief with the commissioner of agriculture and industries, giving the name, age, description and pedigree, as well as the terms and conditions upon which such sire is advertised for service.
2-15-312 Certificate; generally.
The commissioner of agriculture and industries, upon the receipt of the statement provided for in section 2-15-311, duly verified by affidavit, shall issue a certificate to the owner of said sire, a copy of which certificate shall be forwarded to the probate judge of the county court in which said sire is stationed or located and another copy furnished the applicant, which shall be posted by the owner in a conspicuous place where said sire may be stationed, which certificate shall state the name, age, description, pedigree and ownership of said sire, the terms and conditions upon which the sire is advertised for service and that the provisions of this article so far as relates to the filing of the statement aforesaid have been complied with.
2-15-313 Certificate; fee.
The state board of agriculture and industries is authorized to fix a charge for such certificate, not to exceed $2.00, as may be necessary to cover the expense incident to the execution of the provisions of this article.
2-15-314 Lien upon get of sire.
The owner or owners of any sire receiving such certificate by complying with the provisions of this article shall obtain and have a lien upon the get of any such sire for the period of one year from the date of birth of get.
2-15-315 Enforcement of lien.
No get of any such sire shall be exempt from levy and sale under execution issued upon a judgment obtained in any court of competent jurisdiction for said service.
The commissioner of agriculture and industries shall have such a number of the annual reports printed and bound as may be deemed advisable by the state board of agriculture and industries to obtain the greatest benefit to the breeders of improved stock in this state, said reports to contain copies of certificates issued under the provisions of this article and such other data of special interest to livestock breeders as said state board of agriculture and industries may designate for publication therein.
Any person who, by false pretense, shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals a certificate of registration of any animal in the herd registered or other register of any such club, association, society or company or a transfer of any such registration and every person who shall knowingly give a false pedigree of any animal shall be guilty of a misdemeanor.
Amended in 1997.
Reviewed by AAHS in August 2001.
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