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Kansas
Kansas Liens for Services to Horses
NOTE: Kansas has a veterinarian's lien, but no lien specifically
for farriers or breeders. It's agister's lien is broad enough
to cover board charges for residential farrier and breeding
services.
I. Veterinarian's Lien
KANSAS STATUTES
CHAPTER 47. LIVESTOCK AND DOMESTIC ANIMALS
ARTICLE 8. REGISTRATION OF VETERINARIANS
47-836. Lien for veterinary services; preference.
A veterinarian, a veterinary partnership or a veterinary corporation
offering veterinary service to animals in the field or otherwise,
who shall, at the request of the owner or lawful possessor
of any animal or animals, bestow any professional attention,
care, vaccines, antisera, virus, antibiotics, or other medical
treatment, food or service upon the same shall have a lien
upon such animal or animals for the just and reasonable charges
therefor, and may hold and retain possession of such animal
until such charges are paid, but such lien shall be valid
if the veterinarian recorded a verified notice of the lien
upon such animal or animals in the office of the register
of deeds in the county in which such veterinary services were
rendered prior to the expiration of 60 days after such services
were rendered. The possessory lien hereby created shall have
preference over any and all other liens or encumbrances upon
such animal or animals, regardless of where such veterinary
service has been rendered. The nonpossessory lien created
under this section shall have preference over any and all
other liens or encumbrances upon such animal or animals, except
for possessory liens under K.S.A. 58-207 and 58-220, and amendments
thereto, and previously perfected security interests, regardless
of where such veterinary service has been rendered. A lien
under this section may not be enforced against a subsequent
purchaser of the animal treated unless the purchaser has received
actual prior notice of the existence of such lien.
47-835. Abandonment of animals; notice to owner; relief
from liability for disposal; "abandoned" defined.
(a) Any animal placed in the custody of a licensed veterinarian
for treatment, boarding or other care, which shall be unclaimed
by its owner or its owner's agent for a period of more than
ten (10) days after written notice by registered or certified
mail, return receipt requested, is given the owner or the
owner's agent at such person's last known address, shall
be deemed to be abandoned and may be turned over to the
nearest humane society, or dog pound or disposed of as the
custodian may deem proper.
(b) The giving of notice to the owner, or the agent of the
owner, of such animal by the licensed veterinarian, as provided
in subsection (a) of this section, shall relieve the licensed
veterinarian and any custodian to whom such animal may be
given of any further liability for disposal. Such procedure
by a licensed veterinarian shall not constitute grounds
for disciplining procedure under this act.
(c) For the purpose of this act, the term "abandoned"
shall mean to forsake entirely, or to neglect or refuse
to provide or perform the legal obligations for care and
support of an animal by its owner, or its owner's agent.
Such abandonment shall constitute the relinquishment of
all rights and claims by the owner to such animal.
Kansas Liens for the Care of Horses
II. Agister's Lien
CHAPTER 58. PERSONAL AND REAL PROPERTY
ARTICLE 2. LIENS ON PERSONAL PROPERTY
58-207. Lien for feed and care of livestock; sale for charges
and expenses; assignment of lien.
The keepers of livery stables, and all others engaged in
feeding horses, cattle, hogs, or other livestock, shall
have a lien upon such property for the feed and care bestowed
by them upon the same, and if reasonable or stipulated charges
for such feed and care be not paid within sixty (60) days
after the same becomes due, the property, or so much thereof
as may be necessary to pay such charges and the expenses
of publication and sale, may be sold as provided in this
act: Provided, however, That any lien created by this act
may be assigned.
58-209. Sale of animals or goods of perishable nature after
thirty days.
If the property bailed or kept be horses, cattle, hogs,
or other livestock, or is of a perishable nature and will
be greatly injured by delay, or be insufficient to pay such
charges for any further keeping, the person to whom such
charges may be due may, after the expiration of thirty days
from the time when such charges shall have become due, proceed
to dispose of so much of such property as may be necessary
to pay such charges and expenses as herein provided.
58-210.
Additionalcompensation for care of property taken from proceeds.
Additional compensation for keeping and taking care of such
property, necessarily incurred, may be taken from the proceeds
of the sale as part of the charges.
58-211.
Sale of property; notice required; form and content
of notice.
Before any such property shall be sold, if the name and
residence of the owner thereof is known, notice of such
sale shall be given the owner in writing, either personally
or by mail, or by leaving a notice in writing at such person's
residence or place of doing business. If the name and residence
is not known, the person having the possession of such property
shall cause a notice of the time and place of sale, and
containing a description of the property, to be published
at least once a week for three consecutive weeks in a newspaper,
if there is one published in the county where such sale
is advertised to take place, and if there is no newspaper
published in such county, then the notice shall be published
in some newspaper of general circulation in such county.
If the value of the property does not exceed $100, such
notice may be given by written or printed handbills posted
in at least five public places in the township or city where
the bailee resides or the sale is to take place, one of
which shall be in a conspicuous part of the bailee's place
of business. Notices given under this section shall state
that if the amount due with storage keeping and sale costs
is not paid within 15 days from the date of mailing, personally
giving or posting of the notice (as the case may be), the
property will be sold at public auction.
58-212. Public auction sale required.
All sales under this act shall be at public auction, for
cash.
58-213. Proceeds of sale.
The proceeds of such sale, after the payment of charges
and the expenses of publication and sale, shall, if the
owner be absent, be deposited with the treasurer of the
county where the sale takes place by the person making such
sale, he or she taking the treasurer's receipt therefor,
and shall be subject to the order of the person legally
entitled thereto.
58-214. Filing copies of notices, proof of publication
and other papers with county clerk; evidence.
Copies of the notices required by this act, and proof of
the publication, posting or giving thereof, and an affidavit
of the mechanic, artisan, tradesman, carrier or other bailee,
or some competent agent or witness in his or her behalf,
setting forth the claim and the actual expenses of the publication
and sale, shall be filed and kept in the county clerk's
office of the county where the sale takes place, and the
same or copies thereof duly certified by such clerk shall
be received as presumptive evidence of the matters therein
contained.
58-215. Voluntary delivery of property as abandonment of
lien; waiver by special contract.
The voluntary delivery to the owner or claimant of any personal
property by any person claiming a lien thereon, as provided
in this act, shall be held to be an abandonment of such
lien, and such lien may also be waived by special contract.
58-220. Agister's lien; recording notice with register
of deeds; sale for charges and expenses.
Any owner of pasture lands, or the trustee or agent of such
owner, who shall lease or rent such pasture lands exclusively
for pasture purposes to any person, copartnership or corporation
for the pasturing of cattle, horses, sheep or other livestock
shall have a first and prior lien upon all of such livestock
or so much thereof as may be necessary to secure the payment
of the rent for said pasture lands, only, and said lien
shall be preferred to that of any prior security interest
or other encumbrance and shall be valid irrespective of
possession by the owner of such lands, or the owner's trustee
or agent: Provided, The lessor record a duly verified notice
of his or her claim to a lien upon such livestock in the
office of the register of deeds in the county where such
livestock is pastured prior to the expiration of fifteen
(15) days after such livestock is removed from the pasture.
If the contract price be not paid when the same is due and
payable, the said livestock, or so much thereof as may be
necessary to pay said lien and the expenses of sale, may
be sold at public sale in the county where the lien arose,
after giving ten days' written notice to the owner, trustee
or agent by registered mail at his or her last-known address,
and by publishing notice of said sale once in a newspaper
of general circulation in the county where said livestock
may be located: Provided further, That foreclosure proceedings
must be commenced on or before December thirty-first following
the season for which such rent is owing.
58-221. Same; disposition of proceeds of sale.
The proceeds of such sale, after the payment of all charges
and expenses of sale, and the lien of the claimant, shall
be deposited with the county treasurer wherein said livestock
was sold. The proceeds so deposited shall be held by said
county treasurer subject to the order of the person or persons
legally entitled thereto.
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