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Michigan
Michigan Liens for Service to Horses
NOTE: Michigan has a farrier's lien and a breeder's lien.
It has no veterinarian's lien, but its agister's lien is broad
enough to cover the chrarges for boarding a horse at a veterinary
hospital.
I. Farrier's Lien
MICHIGAN COMPILED LAWS
CHAPTER 570. LIENS HORSESHOER'S LIEN
570.351. Lien for horseshoeing
Sec. 1. That every person who shall shoe or cause to be
shod by his employes, any horse, mule, ox or other animal
shall have a lien upon the animal shod for his reasonable
charges 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
when the property has changed ownership prior to the filing
of such lien. 570.352. Statement and notice; filing
Sec. 2. Any person desiring to secure the benefit of this
act shall, within 60 days after the shoeing of such horse,
mule, ox or other animal, or in case he shall have shod
such animal more than once within that time, then within
60 days after the date of the last shoeing, file with the
register of deeds of the county in which such animal is,
a statement made under oath by the claimant or someone in
his or her behalf and a notice of his intention to claim
a lien upon such animal for his charges for shoeing the
same. 570.353. Contents
Sec. 3. Such statement and notice shall state the name 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 set-offs. 570.354. Successive liens upon same animal
Sec. 4. Any person may file successive liens upon the same
animal for different charges for shoeing the same, and he
may include in any 1 claim of lien his charges for any number
of times of shoeing such animal: Provided, however, That
no lien shall be had for any shoeing of any animal done
more than 6 months prior to and filing of the notice of
lien. 570.355. Duty of register of deeds; fees
Sec. 5. It shall be the duty of the register of deeds of
the county, upon the presentation to him of any such statement
and notice of lien, to file the same in his office in the
same manner as provided by law for the filing of chattel
mortgages; and he shall be entitled to charge and receive
from the person filing such statement and notice the same
fee as is required to be paid under the law of the state
for the filing of a chattel mortgage. 570.356. Copy of statement and notice as evidence
Sec. 6. A copy of any such statement and notice of lien
filed as aforesaid, certified by the register of deeds,
shall be received in evidence in any proceeding taken to
enforce the lien herein provided for, but only of the fact
that such statement and notice of lien was received and
filed according to the endorsements of the register of deeds
of the county thereon, and of no other fact.
570.357. Suit for recovery of charges; commencement
Sec. 7. The person having such lien may commence a suit
for the recovery of such charges in a court of competent
jurisdiction against the person liable for the payment thereof. 570.358. Proceedings in case of personal service
Sec. 8. If such summons be returned personally served upon
the defendant, the same proceedings shall thereupon be had
in all respects as in other suits commenced by summons in
which there is a personal service of process, and judgment
shall be rendered in such suit in like manner.
570.359. Proceedings in case no personal service
Sec. 9. If the officer return upon 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 the attachment upon the defendant,
and judgment shall be rendered in such suit in like manner.
570.360. Execution upon judgment
Sec. 10. If the plaintiff recover judgment in such suit,
execution shall issue thereon in the same manner and with
the like effect as upon judgments rendered in suits commenced
by attachment, and the horse, mule, ox or other animal upon
which the plaintiff holds such lien shall not be exempt
from execution but may be sold to satisfy such execution
in the same manner as if it had been seized and held upon
an attachment in such suit. 570.361. Expenses; additional lien
Sec. 11. All expenses which shall have been incurred by
the person having such lien, after the same accrued, shall
be an additional lien upon the property, and shall be computed
and ascertained upon the trial or assessment of damages,
and included in the judgment.
570.362. Findings of court in case of suits or attachments
Sec. 12. In all suits or attachments 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 cost of shoeing the horse,
mule, ox, or other animal described in plaintiff's declaration
and is a lien upon the same: Provided, however, That if
the court or jury shall find that the amount due the plaintiff
is not a lien upon the property described in the plaintiff's
declaration, the plaintiff shall not be nonsuited thereby,
but shall be entitled to judgment as in other civil actions;
but in such case the 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 declaration,
the finding or verdict may be in the following form: (The
court or jurors, as the case may be) say that there is due
the plaintiff the sum of .......... dollars from the defendant,
and that the same is due for his or her reasonable charges
for shoeing the animal mentioned in plaintiff's declaration
(giving a description sufficient for identification of the
animal), and that the plaintiff has a lien upon the animal
for the amount.
570.363. Proceeding when lien perfected; sale
Sec. 13. When the said lien shall be duly perfected, as
above provided, the horse, mule, ox or other animal, as
above provided, shall be disposed of to satisfy said lien
as follows: The person obtaining said lien shall advertise
said horse, mule, ox or other animal for sale, in the city,
village or township as the case may be, where the claim
of lien is filed, in a newspaper published within the city,
village or township, as the case may be, if a newspaper
be published within the city, village or township, and if
not, in a newspaper published within the county once a week
for 3 consecutive weeks, giving in said advertisement a
description of said animal and cause of sale of same and
at the expiration of said time, said horse, mule, ox or
other animal shall be sold to the highest bidder, and the
surplus, if any, after the payment of said lien and costs
of court, and interest on said claim, to the claimant, shall
be returned to the owner of said horse, mule, ox or other
animal by the sheriff or constable, as the case may be,
conducting said sale.
II. Breeder's Lien
MICHIGAN COMPILED LAWS
CHAPTER 287. ANIMAL INDUSTRY BREEDING OF HORSES
287.201. Stallions, enrollment, certificate; words construed
Sec. 1. Every person, firm, association or company offering
for use for public service any stallion in this state shall
cause the name, description, pedigree and physical condition
of such stallion to be enrolled by the commissioner of agriculture
and shall procure a certificate of such enrollment from
said commissioner. The word "stallion" whenever
used in this act shall be construed to include "jack."
The word "mare" whenever used in this act shall
be construed to include "jenny."
287.202. Enrollment certificate; procedure to obtain
Sec. 2. In order to obtain the enrollment certificate hereinafter
provided for, the owner of each stallion shall forward to
the commissioner of agriculture the stud book, certificate
of registration, and any other document that may be necessary
to define and describe such stallion, his breeding and ownership.
The commissioner of agriculture shall examine and pass upon
the merits of such pedigree and shall use as his standard
of action the stud books and signatures of the duly authorized
officers of the various pedigree registration associations,
societies or companies recognized by him. Upon verification
of the pedigree or certificate of breeding the commissioner
of agriculture shall notify the owner of such stallion to
this effect and shall proceed to examine such stallion at
the owner's premises to determine the condition of soundness
of such stallion. The commissioner of agriculture shall
authorize the state veterinarian or his regularly appointed
representative, to proceed at the time and place designated
in said notice to said owner to make an examination of such
stallion and shall certify to the best of his knowledge
and belief the physical condition of such stallion, specifying
the nature and extent of unsoundness, if any, of such stallion,
and shall immediately forward such certificate to the office
of said commissioner of agriculture.
287.203. Advertising stallions
Sec. 3. Every bill or poster issued by the owner of any
stallion licensed under the provisions of this act, or used
by him or his agent for the purpose of advertising such
stallion, shall contain a copy of the certificate of enrollment
of such stallion, and said bills or posters shall not contain
illustrations, reference to pedigree or other statements
that are untruthful or misleading. Reference to such stallions
in newspapers, stock papers and other advertising mediums
shall contain the name of such stallion, number of certificate
of enrollment, and shall designate in letters not smaller
than pica the true breeding of such stallion as given in
said certificate of enrollment.
287.204. Enrollment certificate, issuance, contents; refusal
to issue; posting
Sec. 4. The commissioner of agriculture shall issue enrollment
certificates. Such enrollment certificate shall have a distinctive
number and be such as to show the true breeding and physical
condition of the stallion enrolled. The commissioner of
agriculture may refuse to issue an enrollment certificate
for any stallion in which stallion the presence of any 1
of the following named diseases in a transmissible, hereditary
or contagious form shall be shown so as to render such stallion
unsuitable to improve the horse stock of the state: Cataract;
amaurosis (glass eye); periodic ophthalmia (moon blindness);
laryngeal hemiplegia (roaring or whistling); pulmonary emphysema
(heaves, broken wind); chorea (St. Vitus' dance, crampiness,
shivering, string halt); bone spavin; ringbone; side bone;
navicular disease; bog spavin; curb, with curby formation
of hock; glanders, farcy; maladie du coit; urethral gleet;
mange; melanosis; or any contagious or infectious disease.
The commissioner of agriculture may refuse to issue an enrollment
certificate for any stallion deemed unfit to improve the
horse stock of the state. The owner of any stallion to whom
an enrollment certificate shall be issued shall post and
keep affixed copies of such enrollment certificate in a
conspicuous place both within and upon the outside of every
building where such stallion is kept for public service.
287.205. Enrollment fees; expiration of certificate, renewal;
transfer of ownership, fee; death; disposition of fees
Sec. 5. A fee of 5 dollars shall be paid, by the owner of
each stallion offered for enrollment, to the commissioner
of agriculture at the time of the first application for
a certificate of enrollment. The fee so paid shall be in
full for the examination and enrollment of such pedigree,
the physical examination of such stallion, and the issuance
of a certificate of enrollment. Enrollment certificates
shall expire December thirty-first of the year immediately
following the year in which issued. The owner of any stallion
whose certificate of enrollment has expired may make application
for a new certificate of enrollment by filing with the commissioner
of agriculture the last issued certificate of enrollment
and paying a fee of 3 dollars on or before March fifteenth,
in the year following such expiration, and a new certificate
of enrollment shall be issued by the commissioner of agriculture
to the owner of such stallion. Such certificate of enrollment
shall expire December thirty-first of the year immediately
following the year in which issued. Upon transfer of ownership
of any stallion enrolled under the provisions of this act,
the certificate of enrollment must be transferred to the
new owner by the commissioner of agriculture upon submittal
of satisfactory proof of such transfer of ownership and
upon the payment of a fee by the owner of such stallion
of 1 dollar. In case of death or change of ownership of
any stallion enrolled under the provisions of this act,
the owner of the same shall immediately inform the state
commissioner of agriculture. All fees received by the commissioner
of agriculture under the provisions of this act shall be
paid into the state treasury to be credited to the general
fund.
287.206. Powers of commissioner
Sec. 6. The commissioner of agriculture is hereby authorized
to provide for official examination of pedigrees and certificates
of breeding and ownership, to issue license certificates
for stallions enrolled under this act, to compile and publish
statistics relative to horse breeding in Michigan and other
information of value to the horse breeders of this state,
and to incur such other reasonable expenses as may be necessary
to carry out and enforce the provisions of this act.
287.207. Complaint; revocation of certificate; use of unenrolled
stallion prohibited; exception
Sec. 7. The commissioner of agriculture shall have the right
at any time to take cognizance of any complaint reporting
unsoundness of any stallion enrolled under the provisions
of this act, and to examine such stallion if deemed necessary.
In case any such stallion upon such examination shall be
found to be unsound or not suitable to improve the horse
stock of this state, the commissioner of agriculture shall
revoke the certificate of enrollment issued to the owner
of such stallion. No person, firm, company or association
shall offer for use for public service, in this state any
stallion which is not enrolled under the provisions of this
act. The breeding of any mare with any stallion or jack
shall be construed as offering said stallion or jack for
public service: Provided, That nothing in this act shall
be construed to prevent the individual owner of any unlicensed
stallion or jack from breeding any mares kept on his own
premises and of which mares he is the bona fide and sole
owner.
287.208. Stallions imported; examination, certification, fee
Sec. 8. Every stallion brought into this state from another
state or from a foreign country to be offered for sale or
for public service shall, before any such sale or use is
made, be examined by the state veterinarian, or his official
representative, and certified by said state veterinarian,
or his representative, that said stallion is free from hereditary,
contagious, or transmissible unsoundness or disease and
is of good formation and breed type and suitable to improve
the horse stock of this state. A fee of 5 dollars shall
be paid therefor before such examination is conducted: Provided,
If application is made for enrollment before such examination
is made said 5 dollars will also cover fee for enrollment.
287.209. Penalty
Sec. 9. Any person, firm, company or association violating
any of the provisions of this act shall be deemed guilty
of a misdemeanor, and shall upon conviction thereof be punished
by a fine of not less than 25 dollars nor more than 100
dollars, or by imprisonment in the county jail not more
than 30 days, or by both such fine and imprisonment in the
discretion of the court.
287.210. Lien for service of stallion, filing; sale of mare or foal; lien
Sec. 10. Having complied with the provisions of this act,
the owner or any stallion shall have a lien for the sum
stipulated to be paid for the service thereof, upon the
mare served by any such stallion in breeding thereof, and
upon the offspring of such stallion by filing at any time
within 18 months after the date of service, a statement
of the account thereof, together with a description as to
color, and white markings of the female served, and the
name of the owner at the date of service, in the office
of the register of deeds of the county wherein the owner
of said female resided at the time of service. Such lien
shall exist for a period of 1 year from the date of foaling
of said colt, or if credit is given, from the expiration
of the credit, and shall have priority over all other liens
and encumbrances upon the offspring. Neither the mare nor
the foal shall be sold within 18 months after the date of
service, unless the service fee shall be paid, unless such
sale shall be agreed to and approved in writing by the owner
of the stallion at the time of the sale or transfer of the
mare or foal. At any time after the offspring shall have
been foaled, any person having such lien may enforce the
same by the same proceedings and in the same manner as is
provided by sections 13189 to 13192, inclusive, of the Compiled
Laws of 1929: Provided, however, That the owner of any such
stallion may institute suit to collect the lien in the county in which the mare is served.
Michigan Liens for the Care of Horses
III. Agister's Lien
MICHIGAN COMPILED LAWS
CHAPTER 570. LIENS
LIENS ON PERSONAL PROPERTY
570.185. Lien of mechanic, artisan, or tradesman; manufacture
of goods or keeping of animals
Sec. 35. Whenever any person shall deliver to any mechanic,
artisan, or tradesman, any materials or articles for the
purpose of constructing in whole or in part, or completing
any furniture, jewelry, implement, utensil, clothing, or
other article of value, or shall deliver to any person any
horse, mule, neat cattle, sheep, or swine to be kept or
cared for, such mechanic, artisan, tradesman, or other person
shall have a lien thereon for the just value of the labor
and skill applied thereto by him, and for any materials
which he may have furnished in the construction or completion
thereof, and for the keeping and care of such animals, and
may retain possession of the same until such charges are
paid.
570.187. Enforcement; sale; form of notice, proceeds
Sec. 37. In either of the cases mentioned in the 2 preceding
sections, if the owner of the property, materials, or stock
so delivered, or the person entitled thereto shall not,
when such article shall have been constructed, completed,
altered, fitted, or repaired, or the time having expired
for the keeping such stock, and the same being ready to
be delivered to such owner or other persons, and the charges
thereon shall be due and payable, pay to such mechanic,
artisan, tradesman, or other person the amount of such charges,
the person having such lien may enforce the same as hereinafter
provided: Provided, however, Any mechanic, artisan or tradesman
who shall make, clean, alter or repair any article of personal
property at the request of the owner or legal possessor
of personal property shall have a lien on such property
so made, cleaned, altered or repaired for his just and reasonable
charges for work done, and material furnished, and may hold
and retain possession of the same until such just and reasonable
charges shall be paid, and in default of payment may foreclose
said lien, as hereinafter provided. When any property upon
which a mechanic, artisan, tradesman, or other person shall
have a lien for unpaid charges under this act shall remain
in possession of a mechanic, artisan, tradesman or other
person without payment and without proceeding at law in
reference thereto, for a period of 9 months, such mechanic,
artisan, tradesman, or other person may sell such property
at public sale upon like notice and proceeding as in the
case of a constable sale on execution. Thirty days before
the date of said sale, such mechanic, artisan, tradesman
or other person shall give notice of the time and place
of said sale and the amount claimed, by depositing the same
in the postoffice with postage prepaid and registered and
addressed to the last known address of the said owner or
person who delivered said property to such mechanic, artisan,
tradesman, or other person and which notice may be in substance
as follows:
................, Michigan.
..................., 19 ....
John Smith,
.................., Michigan.
You are hereby notified that I hold the property hereinafter
described and claim a lien upon the same for work
(and materials)
and expenses in connection therewith, amounting to ............
dollars, and that I shall offer said property for sale at
my place of business (in the township of ............),
at number ............ street, in the city of ............,
county of ............, State of Michigan, on the ............
day of ............, at ...... o'clock in the ............
noon, to satisfy the amount of my said claim and expenses.
Said property is described substantially as follows:
Signed,
...............
If such owner or other person in his behalf shall not pay
the amount of such claim and charges before the advertised
day of sale, said property shall thereupon be sold pursuant
to said notice of sale, to the highest bidder, and said
mechanic, artisan, tradesman or other person may become
the purchaser. The proceeds of such sale shall be applied
to the payment of said lien, costs and expenses, and the
balance, if any, shall be paid to the city or township clerk
of the city or township where such sale takes place, for
the benefit of such owner, and notice of such deposit shall
be sent to him by registered mail.
570.188. Suit for recovery of charges; commencement
Sec. 38. The person having such lien may commence a suit
for the recovery of such charges in a court of competent
jurisdiction against the person liable for the payment thereof.
570.189. Proceedings in case summons is personally served
Sec. 39. If such summons be returned personally served upon
the defendant, the same proceedings shall thereupon be had,
in all respects, as in other suits commenced by summons,
in which there is a personal service of process, and judgment
shall be rendered in such suit in like manner.
570.190. Proceedings in case defendant cannot be found
Sec. 40. If the officer return upon such summons, that the
defendant cannot be found, within his county, the same proceedings
shall be thereupon had, in all respects, as near as may
be, as in suits commenced by attachment, in which there
is not a personal service of a copy of the attachment upon
the defendant, and judgment shall be rendered in such suit
in like manner.
570.191. Judgment and execution
Sec. 41. If the plaintiff recover judgment in such suit,
execution shall issue thereon in the same manner and with
the like effect, as upon judgments rendered in suits commenced
by attachment, and the property upon which the plaintiff
holds such lien, or so much thereof as shall be sufficient
to satisfy such execution, may be sold thereon in the same
manner as if it had been seized and held upon an attachment
in such suit.
570.192. Application of chapter
Sec. 42. The provisions of this chapter concerning liens
upon personal property, and enforcing the same, shall apply
to all cases of personal property on which the bailee or
keeper thereof has by law a lien for any keeping, feed,
care or labor by him bestowed upon such property.
570.193. Additional lien for expense of keeping animals
Sec. 43. If the property upon which any such lien shall
be enforced as provided in this chapter, consists of horses,
cattle, sheep, swine, or other beasts, and any expenses
shall have been incurred by the person having such lien
after the same accrued, in keeping and taking care of such
property, the amount of such expenses shall be an additional
lien upon the property, and shall be computed and ascertained
upon the trial, or assessment of damages, and included in
the judgment.
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