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Oklahoma
Oklahoma Liens for Service to Horses
NOTE: Oklahoma has a farrier's and breeder's lien. It has
no veterinarian's lien. However, the Oklahoma agister's lien
is broad enough to cover residential veterinarian services.
I. Farrier's Lien
OKLAHOMA STATUTES
TITLE 42. LIENS
CHAPTER 2. PERSONAL PROPERTY FOR WORK THEREON BLACKSMITHS,
WHEELWRIGHTS AND HORSESHOERS
§ 131. Lien provided for work
Blacksmiths, wheelwrights and horseshoers who perform work
and labor for any person, if unpaid for same, shall have an
absolute lien, subject to all prior liens, on the product
of their labor and upon all wagons, carriages, automobiles,
implements and other articles repaired, or horses, or other
animals shod by them, for all sums of money due for such work
or labor and for any material furnished by them and used in
such product, repairs or shoeing.
§ 132. Procedure to perfect lien
Any person having a lien under this act and desiring to avail
himself of its provisions shall, within sixty (60) days after
such work or labor is done or performed, or materials furnished,
file with the county clerk of the county in which the debtor
resides, a just and true account of the demand due, or becoming
due, allowing all credits, and containing a description of
the property to be charged with said lien, verified by affidavit;
provided, that said lien must in either event, be so filed
with the county clerk of the county in which the debtor resides,
before the title to the property described therein, has passed
from the original owner.
II. Breeder's Lien
OKLAHOMA STATUTES
TITLE 4. ANIMALS
CHAPTER 6. LIENS FOR FEEDING, GRAZING, HERDING AND BREEDING
GENERAL PROVISIONS
§ 195. Letting male animals to service--Advertisement
of terms--Publication or posting--Acceptance
The owner or keeper of any stallion, jack or bull may advertise
the terms upon which he will let such animal to service by
publication thereof in some newspaper in the county where
such animal is kept for a period of sixty (60) days during
the season of each year, or by printed handbills conspicuously
posted during such period, in four or more public places in
said county, including the place where such animal is kept;
and the publication or posting as aforesaid of the terms of
such service shall impart notice thereof to the owner of any
female animal served by such stallion, jack, or bull, during
such season; and in all actions and controversies in respect
to the foal or other product of such service, the owner of
such female animal so served shall be deemed to have accepted
and assented to said terms, when so advertised or posted as
provided herein.
§ 196. Filing of certificate of service--Lien on offspring--Notice
to third parties--Lien without certificate
When the said terms of such service by any such animal,
published or posted as provided in the next preceding section,
shall provide that the foal or other product of such service
will be held for the money due for the service of such stallion,
jack or bull, then and in that event the owner or keeper
of any such animal may file with the register of deeds of
the county in which such animal is kept for service, a certificate
signed by the owner of the female bred, or his representative,
also by the owner or keeper of the male animal rendering
the service, stating the terms of such service, a description
of the female served, also a description of the male rendering
the service, the date of service and acceptance of terms
by owner of female; and such certificate, if filed within
three (3) months after the rendering of such service, shall
become and continue a lien on the offspring for the period
of six (6) months after the birth thereof, and the filing
of such certificate shall be constructive notice to any
third party of the existence of the lien: Provided, that
as between the owner of any stallion, jack or bull, as provided
in the preceding section, and the owner of any female served,
a lien shall exist notwithstanding no certificate as herein
provided shall be filed or notice given as in this article
provided.
§ 197. Record of certificates--Compensation of register
of deeds
The register of deeds of each county shall be required to
provide and keep in his office a wellbound book with an
index in which such certificates shall be recorded in the
order in which they are filed, and as compensation in full
for filing and recording such certificates the register
of deeds shall receive from the parties filing them the
sum of ten cents ($0.10) for every one hundred words.
§ 198. False or fictitious pedigree--False representation
of recording or eligibility for record--Forfeiture of rights
If any keeper of such stallion, jack or bull, shall offer
and advertise to let the service of such animal, and shall
give a false or fictitious pedigree, knowing the same to
be false, or shall falsely represent such animal to be recorded
or eligible to be recorded in any of the various books of
record kept for recording animals of that breed, he shall
forfeit all claim to the value of the services rendered
by such animal, and shall not be entitled to the benefits
of any provision of this article.
§ 199. Enforcement of lien by replevin
For the purpose of enforcing such lien upon default in the
payment of the sum secured, the lienor may proceed by replevin
in any court of competent jurisdiction and possess himself
of the encumbered property, and hold the same subject to
such judgment as he shall recover.
§ 200. Judgment
Upon the rendition of judgment, if for the lienor, it shall
be for the sum found due, with costs of suit and that the
lien be enforced against the property by execution and sale
as in ordinary sales under execution; but if such finding
be for the defendant, judgment shall be entered in his favor
as in ordinary actions of replevin.
§ 201. Proceedings governed by general replevin laws
All proceedings under this article, where not herein otherwise
specifically provided, shall be governed by the general
laws of the state concerning replevin.
Oklahoma Liens for the Care of Horses
III. Agister's Lien
OKLAHOMA STATUTES
TITLE 4. ANIMALS
CHAPTER 6. LIENS FOR FEEDING, GRAZING, HERDING AND BREEDING
GENERAL PROVISIONS
§ 191. Lien for feeding, grazing and herding
Any person employed in feeding, grazing or herding any domestic
animals, whether in pasture or otherwise, shall have a lien
on said animals for the amount due for such feeding, grazing
or herding.
§ 192. Lien for furnishing feed
Any person, partnership, firm or corporation in this state,
or in any border county of the adjacent states, furnishing
or providing to the owner of such domestic animals any corn,
feed, forage or hay, for the sustenance of such domestic
animals, shall have a lien on said animals for the amount
due for such corn, forage, feed and hay.
§ 193. Lien for keeping, boarding or training animal--Scope
Every person who shall keep, board or train any animal,
shall, for the amount due therefor, have a lien on such
animal, and on any vehicle, harness or equipment coming
into his possession therewith, and no owner or claimant
shall have the right to take any such property out of the
custody of the person having such lien, except with his
consent, or on the payment of such charge; and such lien
shall be valid against said property in the possession of
any person receiving or purchasing it with notice of such
claim.
§ 194. Enforcement of lien--Complaint--Summons--Notice--Trial--Order
of sale--Dismissal--Personal judgment--Costs
The lien provided for in the preceding section shall be
enforced as follows:
The person claiming the lien shall
file with a judge of the district court, or other court
having competent jurisdiction in the county in which he
resides, a complaint, duly verified by himself, his agent
or attorney, setting forth his account and a description
of the property on which the lien is claimed and thereupon
the court shall issue a summons, as in ordinary civil actions,
and upon a return of the summons, duly served, shall set
the cause for hearing at any time after the lapse of one
day, if summons be returned "defendant not found,"
and if it be proved to the satisfaction of the court that
the defendant is not a resident of the county, the court
shall order a notice of the proceedings to be published
for three successive days, in a daily newspaper, if one
be published in the county, and if there be none, then once
in a weekly, if one be published in the county, and if no
newspaper be published in the county, then by six handbills
put up in six public places in the county, notifying the
defendant of the filing and the particulars of the account,
the description of the property on which the lien is claimed,
its whereabouts and the day and place set for the hearing
of the cause, which shall be at least ten days from the
day of the last publication of the notice; and the proof
of such publication shall be filed in the court on or before
the day of trial. When the defendant shall have been summoned
or notified as aforesaid, the cause shall, on the day fixed
for trial, be tried as an ordinary case in court. If the
judgment be for the plaintiff, the court shall order the
property upon which the lien shall have been found to exist
to be sold to satisfy the same. If the lien shall not have
been established and the defendant shall not have been summoned,
or shall not have voluntarily appeared to the action, the
cause shall be dismissed at the cost of the plaintiff. If
the defendant shall have been summoned or shall have appeared
to the action, and the plaintiff shall have established
an indebtedness on the account sued on, but shall have failed
to establish the lien claimed, the judgment shall be for
the plaintiff for such indebtedness, but the costs of suit,
or any part thereof, may be taxed against
him.
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