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Illinois
Illinois Liens for Services to Horses
NOTE: Illinois has specific liens for farriers and breeders.
It has no specific lien for veterinarians. However, the Illinois
agister's lien is broad enough to cover boarding charges for
horses treated while boarded at a veterinary hospital.
I. Farrier's Lien
ILLINOIS COMPILED STATUTES
CHAPTER 770. LIENS
ACT 30. HORSESHOERS LIEN ACT
30/0.01. Short title
§ 0.01. Short title. This Act may be cited as the Horseshoers Lien Act.
30/1. Lien upon animal shod When does not attach
§ 1. Every person who at the request of the owner or
his authorized agent, shall shoe or cause to be shod, by his
employees any horse, mule, ox or other animal shall have a
lien upon the animal shod for his reasonable charge 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 where the property has changed ownership
prior to the filing of such lien.
30/2. Filing claim for lien
§ 2. Any person desiring to secure the benefits of this
act shall within 6 months after the shoeing of such horse,
mule, ox or other animal, file with the recorder in the county
in which such animal is, a claim for lien in writing and under
oath, setting forth therein his intention to claim a lien
upon such animal for his charges, for shoeing the same.
30/3. Contents of claim Expiration
§ 3. Such claim for lien shall state the name and residence
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 setoffs.
The claim for lien filed with the recorder, under the foregoing
sections, shall expire and become void and of no effect, if
an action is not brought to foreclose the same within 3 days
after filing claim therefor.
30/4. Fee for filing and recording lien
§ 4. It shall be the duty of the recorder upon presentation
to him, of any such claim for lien to file the same in his
office, in the same manner as provided by law for the filing
and recording of deeds or other written instruments and he
shall be entitled to charge and receive from the person filing
such claim for a lien, a like fee.
30/5. Evidence in proceeding to foreclose
§ 5. The original or a copy of such claim for lien filed
as aforesaid, certified by the recorder, shall be received
in evidence, in any proceeding taken to foreclose the lien
herein provided for but only of the fact that such claim for
lien was received and filed according to the endorsement of
the recorder thereon and of no other fact.
30/6. Proceedings to foreclose
§ 6. The person claiming such lien may commence suit
to foreclose the same by filing a complaint in the circuit
court for the county in which the animal shod may be found.
Such suit shall be against the person liable for the payment
of the charges made by the claimant for the services rendered.
30/7. Personal service of process
§ 7. If such summons be returned personally served upon
the defendant, the same proceedings shall thereupon be had
in all respects as in other suits in which there is a personal
service of process, and judgment shall be rendered in such
suit in like manner.
30/8. Service when defendant cannot be found
§ 8. If the officer returns 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 process upon the defendant, and judgment shall
be rendered in such suit in like manner.
30/9. Judgment and enforcement
§ 9. If the plaintiff recovers judgment in such action,
enforcement shall be had thereon in the same manner and with
the like effect as upon judgments entered in actions commenced
by attachment, and the horse, mule, ox or other animal upon
which the plaintiff holds such lien shall not be exempt from
enforcement, but may be sold to satisfy such judgment in the
manner hereinafter provided.
30/10. Assessment of damages
§ 10. In all actions 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 to 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 claim for lien and is a lien
upon the same: Provided, however, that if the court or jury
shall find the amount due the plaintiff is not a lien upon
the property described in the plaintiff's claim for lien,
the plaintiff's action shall not be dismissed thereby if personal
service of summons has been had upon the defendant, but the
plaintiff shall be entitled to judgment as in other civil
actions, but in such case, said 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 claim
for lien, the finding or verdict may be in the following form:
"The court or jurors as the case may be, say that there
is due to the plaintiff, the sum of $.... from the defendant
and that the same is due for his reasonable charges for shoeing
the animal mentioned in plaintiff's claim for lien and that
the plaintiff has a lien upon said animal for said amount,"
and in such case the fee paid by the claimant to the recorder
for filing his claim for lien shall be taxed as part of the
costs of the suit.
30/11. Sale to satisfy lien
§ 11. When the lien is perfected as above provided, the
horse, mule, ox or other animal, as above provided, shall
be sold to satisfy the lien as follows: The court shall in
the judgment specify the time and place at which such animal
shall be sold to satisfy the judgment. All such sales shall
be for cash at public sale to the highest bidder and shall
take place not less than 3 nor more than 5 days after the
entry of the judgment and shall be made by a sheriff or deputy
sheriff of the county in which the sale takes place. The officer
making the sale shall advertise the time and place of such
sale together with the correct description of the animal to
be sold by posting written or printed notices of such sale
at 3 of the most public places of the township, city or village
where such animal is found. The officer making such sale,
shall forthwith file in the court where the judgment was entered
a written statement of the amount realized from such sale
and all proper items of expense in connection therewith and
shall then pay from the proceeds of such sale, in the order
named to the parties entitled to receive the same, all sheriff
or deputy sheriff fees, all court costs, taxed in the action,
the amount of the judgment recovered by the plaintiff or claimant
and the surplus, if any, which shall be paid to the defendant
in the action or to his or her legal representative.
30/12. Sale subject to redemption
§ 12. All sales of animals under this act shall be made
subject to redemption by the owner of such animals of his
legal representatives, such redemption to be made by paying
to the officer making the sale, or to the court ordering the
sale, the amount of the judgment and costs taxed in the proceeding
including all court and sheriffs' fees and costs of sale with
5 percent interest on the judgment from date of sale to date
of redemption. No redemption shall be made after the expiration
of 90 days from the date of sale of the animal sought to be
redeemed.
II. Breeder's Lien
CHAPTER 770. LIENS
ACT 100. STALLION AND JACK SERVICE LIEN ACT
100/0.01. Short title
§ 0.01. Short title. This Act may be cited as the Stallion
and Jack Service Lien Act.
100/1. Lien for service fee Precedence of lien
§ 1. Every owner of any stallion or jack kept for public
service, who, at the request of the owner of any mare or jennet,
or his authorized agent, shall cause such mare or jennet to
be served by his stallion or jack, shall have a lien on the
mare or jennet served and first lien upon the progeny of such
mare or jennet for the service fee of such stallion or jack
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.
100/2. Claim for lien Filing with recorder
§ 2. Any owner of a stallion or jack desiring to secure
the benefits of this Act shall, within 24 months after any
mare or jennet has been served by his stallion or jack, file
with the recorder of deeds in the county in which such mare
or jennet is, a claim for lien in writing and under oath,
setting forth therein his intention to claim a lien upon such
mare or jennet or progeny thereof, or both, for the service
fee of his stallion or jack. Such claim for lien shall state the name and residence of
the person claiming the lien, the name of the owner or reputed
owner of the mare or jennet or progeny thereof, or both, sought
to be charged with the lien, and a description of such animal
or animals sufficient for identification upon which the lien
is claimed, and the amount due the claimant for the service
fee of his stallion or jack. The claim for lien filed with the recorder shall expire and
become void and of no effect if an action is not brought to
foreclose the same within 30 months after the date of such
service by such stallion or jack.
100/3. Duty of recorder
§ 3. It shall be the duty of the recorder, upon presentation
to him of any such claim for lien, together with the recording
fee, to file the same in his office in the same manner as
provided by law for the filing and recording of deeds or other
instruments in writing.
100/4. Copy of claim as evidence in foreclosure
§ 4. The original, or copy of such claim for lien filed
as aforesaid certified by the recorder, shall be received
in evidence in any proceeding taken to foreclose the lien
herein provided for, of the fact that such claim for lien
was received and filed according to the endorsement of the
recorder thereon.
100/5. Action to foreclose Complaint
§ 5. The person claiming such lien may commence an action
to foreclose the lien by the filing of a complaint in the
circuit court of the county in which the animal or animals
described in his claim for lien may be found. Such action
shall be against the person or persons who is or are liable
for the payment of the service fee of claimant's stallion
or jack.
100/6. Proceedings as in other suits Judgment
§ 6. If the summons be returned personally served upon
the defendant or defendants, the same proceeding shall thereupon
be had in all respects as in other suits commenced by complaint
in which there is a personal service of process and judgment
shall be rendered in such action as in other civil cases.
100/7. When defendant not found
§ 7. If the officer returns such summons showing that
a defendant or defendants cannot be found in that county,
the same proceedings shall thereupon be had in all respects
as to the defendant or defendants not personally served, as
near as may be, as in actions commenced by attachment in which
there is not a personal service of process upon the defendant
and judgment shall be rendered in such action in like manner.
100/8. Enforcement of judgment
§ 8. If judgment in such action is entered in favor of
the plaintiff, enforcement of the judgment may be had in the
same manner and with the like effect as upon judgments entered
in actions commenced by attachment and the mare or jennet
or progeny thereof, or both, upon which the plaintiff holds
such lien shall not be exempt from enforcement but may be
sold to satisfy such judgment in the manner hereinafter provided.
100/9. Actions for services Finding of court Verdict Costs
§ 9. In all actions 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 service fee of plaintiff's stallion or jack and is
a lien on the mare or jennet or progeny thereof, or both,
as described in plaintiff's claim for lien: Provided, however,
that if the court or jury shall find the amount due the plaintiff
is not a lien upon the property described in the plaintiff's
claim for lien, the plaintiff's action shall not be dismissed
thereby if personal service of summons has been had upon the
defendant, but the plaintiff shall be entitled to judgment
as in other civil actions; and in those cases where the amount
due is found to be a lien upon the animal or animals described
in plaintiff's claim for lien, the finding or verdict may
be in the following form: "The court or jurors, as the
case may be, say that there is due to the plaintiff the sum
of ...... dollars from the said defendant or defendants and
that the same is due for the service fee of plaintiff's stallion
or jack, and that the plaintiff has a lien upon said mare
or jennet or progeny thereof, or both, as described in plaintiff's
claim for lien for said amount," and in such case, the
fee paid by the claimant to the recorder for filing his claim
for lien shall be taxed as part of the costs of the action.
100/10. Proceedings to satisfy lien
§ 10. When the lien is duly perfected as above provided,
the mare or jennet or progeny thereof, or both, as above provided,
shall be sold under the judgment to satisfy the lien as follows:
The court shall, at the time of entering judgment in the action,
enter an order designating the time and place at which such
animal or animals, will be sold under the judgment. All such
sales shall be for cash, at public sale, to the highest bidder
and shall take place not less than 3 nor more than 5 days
after the entry of the order of sale and shall be made by
the sheriff of the county in which the sale takes place. The
officer making the sale shall advertise the time and place
of such sale, together with the correct description of the
mare or jennet or progeny thereof, or both, to be sold, by
posting written or printed notices of such sale at 3 of the
most public places of the township, city or village where
such mare or jennet or progeny thereof, or both, is found.
The officer making such sale shall forthwith file with the
court where the judgment was entered, a written statement
of the amount realized from such sale and all proper items
of expense in connection therewith and shall then pay from
the proceeds of such sale, in the order named, to the parties
entitled to receive the same, all necessary expense incurred
in the keep of such animal or animals, all sheriff's fees,
all court costs taxed in the action, the amount of the judgment
recovered by the plaintiff or claimant and the surplus, if
any, he shall pay to the defendant in the action or to his
legal representatives.
100/11. Redemption
§ 11. All sales of an animal or animals under this Act
shall be made subject to redemption by the owner of such animal
or animals, or his legal representatives; such redemption
to be made within 30 days from the day of sale by paying to
the plaintiff, the officer making the sale, or to the clerk
of the court, the amount of the judgment with interest at
the rate of 5% and all costs and expenses taxed in the proceeding,
together with the reasonable and necessary expense or cost
of the keep of such animal or animals from the day of sale
to and including the day of redemption.
Illinois Liens for Care of Horses
III. Agister's Lien
CHAPTER 770. LIENS
ACT 40. INNKEEPERS LIEN ACT
40/49. Stable keepers, etc.
§ 49. Stable keepers and any persons shall have a lien upon the horses, carriages and harness kept by them for the proper charges due for the keeping thereof and expenses bestowed thereon at the request of the owner, or the person having the possession thereof.
40/50. Agisters
§ 50. Agisters and persons keeping, yarding, feeding or pasturing domestic animals, shall have a lien upon the animals agistered, kept, yarded or fed, for the proper charges due for the agisting, keeping, yarding or feeding thereof.
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