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Tennessee
Tennessee Liens for the Service to Horses and for the Care of Horses
NOTE: Tennessee has a veterinarian's and breeder's lien. It
has a blacksmith's lien that is designed for metalwork done
by blacksmiths on vehicles and other articles, rather than
horseshoeing. However, the agister's lien, here part of the
breeder's lien, is broad enough to cover horses left in the
care of a farrier for shoeing.
I. Veterinarian's Lien
TENNESSEE CODE
TITLE 63 PROFESSIONS OF THE HEALING ARTS
CHAPTER 12 VETERINARIANS
63-12-134 Lien for services.
(a) Every licensed veterinarian has a lien on each animal
or pet treated, boarded or cared for by the veterinarian while
in the veterinarian's custody and under contract with the
owner of such animal or pet for payment of charges for treatment,
board or care of such animal or pet. Such veterinarian has
the right to retain such animal or pet until such charges
are paid.
(b)(1) If the charges due for the services named in this section
are not paid within ten (10) days after demand therefor on
the owner of such animal or pet, in person, or by registered
or certified mail with return receipt requested, addressed
to the owner at the address given when such animal or pet
is delivered, and the receipt has been returned by the United
States postal authorities, such animal or pet shall be deemed
to be abandoned and the licensed veterinarian is authorized
to sell the animal or pet either at public or private sale,
and if the veterinarian does not succeed in selling such animal
or pet within ten (10) days, then the veterinarian is authorized
to dispose of such animal or pet in any manner that the veterinarian
deems proper or turn the animal or pet over to the nearest
humane society or dog pound in the area for disposal as such
custodian deems proper.
(2) An animal shall also be considered abandoned by its owner
if the owner gives a licensed veterinarian a false address
and telephone number and the demand mailed by the licensed
veterinarian registered or certified mail, return receipt
requested, is returned undelivered. Under the circumstances
provided in this subdivision, the licensed veterinarian may
consider the animal abandoned when the veterinarian receives
notice that the mailed demand is undeliverable, and the licensed
veterinarian may dispose of the animal as provided in subdivision
(b)(1). As an alternative, the licensed veterinarian may turn
the animal or pet over to the nearest humane society or animal
control shelter in the area for disposition of the animal
as such custodian deems proper without first offering the
animal or pet for sale.
(c) The giving of notice to the owners, as provided herein,
relieves the licensed veterinarian, or any custodian to whom
such animal or pet may be given, of any further liability
for disposal.
(d) Failure of the owner of any such animal or pet to receive
the demand by registered or certified mail provided for in
this section does not render the licensed veterinarian liable
to the owner of such animal or pet for the disposal thereof
in any manner provided in this section.
(e) When any animal or pet is sold as authorized in this law
to satisfy a lien for any of the services enumerated, any
moneys realized from the sale, less such charges, and any
expenses incurred in making the demand for payment thereof
in connection with the sale, shall be paid to the owner of
the animal or pet.
(f) No legal proceeding for the enforcement of the lien created
by this law is necessary concerning abandoned animals as defined
in subsection (b), other than compliance with the requirements
herein provided.
II. Farrier's Lien
TENNESSEE CODE
TITLE 66 PROPERTY
CHAPTER 14 ARTISANS' LIEN
66-14-101 Right to sell unclaimed
articles left for repairs.
(a) Silversmiths, lock and gunsmiths, blacksmiths, watchmakers
and repairers, and artisans generally, who do work for the
public, shall have the common law lien, and the right, at
the expiration of six (6) months from the time of the contract
and leaving with them the goods or products to be repaired,
developed, processed or improved, if not claimed or called
for by the owner, to sell the same at public outcry after
complying with the provisions of this chapter.
(b) "Artisans" are further defined as including
persons who make, clean, mend, repair, alter or otherwise
perform work on shoes or boots, as well as persons with
whom are left goods or products to be repaired, developed,
processed, or improved.
(c) The lien established by this section shall not apply
to work performed on a "motor vehicle" as defined
in § 55-12-102.
III. Agister's and Breeder's Liens
TENNESSEE CODE
TITLE 66 PROPERTY
CHAPTER 20 LIENS ON ANIMALS
66-20-101 Pasturage lien.
When any horse or other animal is received to pasture for
a consideration, the farmer shall have a lien upon the animal
for the farmer's proper charges, the same as the innkeeper's
lien at common law; and in addition the farmer shall have
a statutory lien for six (6) months.
66-20-102 Lien on female for service of male.
(a) Where the lien for pasturage shall occur in virtue of
§ 66-20-101, the charges shall include also those for
the service of any jack, bull, ram, or boar; provided, that
the charge for the service of such animal to the female
shall have been agreed upon between the parties.
(b) The provisions of this section shall likewise include
the service of any stud or stallion.
66-20-103 Livery stable keeper's lien.
Livery stable keepers shall be entitled to the same lien
provided for in § 66-20-101 on all stock received by
them for board and feed, or vehicle kept and/or conditioned,
until all reasonable charges are paid.
66-20-104 Lien on offspring for service of male.
(a) Any person keeping a jack, bull, ram, or boar, for public
use, shall have a lien on the offspring of the same for
the season charge to be paid.
(b) The provisions of this section shall likewise include
the service of any stud or stallion.
66-20-105 Duration of lien on offspring.
(a) The lien provided for in § 66-20-104, so far as
it affects the offspring of jacks and bulls shall exist
for two (2) years from the birth of such offspring and so
far as it affects rams and boars shall continue for twelve
(12) months from the birth of such offspring.
(b) The provisions of this section shall likewise include
the service of any stud or stallion.
66-20-107 Lien on female and offspring for artificial insemination.
(a) When any female animal is inseminated by artificial
means for a fee, the person providing the service shall
have for a charge a lien on the female and on any offspring
resulting from such service.
(b) The duration of the lien on offspring shall be for twelve
(12) months from the date of birth of such offspring.
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