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CHAPTER 40-27

LIENS ON LIVESTOCK

40-27-1      Agister's lien for service and supplies--Entitled to retain possession.
40-27-2      Authority from owner required for agister's lien.
40-27-3      Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage.
40-27-4 to 40-27-11. Repealed.
40-27-12      Veterinarian's vaccination lien.
40-27-13      Veterinarian's statement filed with register of deeds--Contents--Filing and indexing.
40-27-14      Priority of vaccination lien if filed within twenty days.
40-27-15      Innocent purchasers and encumbrancers not affected by vaccination lien filed late.
40-27-16      Foreclosure of liens on livestock.


     40-27-1.   Agister's lien for service and supplies--Entitled to retain possession. Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise provided in § 40-27-2. Such lien shall entitle the person to retain possession of such domesticated animals until the amount due is paid.

Source: SDC 1939, § 39.1001.


     40-27-2.   Authority from owner required for agister's lien. Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals.

Source: SDC 1939, § 39.1002.


     40-27-3.   Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage. In the event animals subject to a lien under § 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the animals generally and give the name and address of the person entrusting the same and the date when the service commenced or a future date when it is to commence, and the probable amount of the charge for such service and supplies. The notice may be served personally upon the mortgagee or by sending the same by registered or certified mail to said mortgagee at his post office address as set out in the mortgage. Upon service of such notice any charges for service or supplies subsequently accruing pursuant to the notice shall be a prior lien to said mortgage to the extent only of the value of said service and supplies.

Source: SDC 1939, § 39.1001.


     40-27-4 to 40-27-11.   Repealed by SL 1984, ch 272, §§ 1 to 8


     40-27-12.   Veterinarian's vaccination lien. Every duly licensed and registered veterinarian shall have a lien for vaccinating livestock for cholera, anthrax, blackleg, hemorrhagic septicemia, or swine erysipelas from the date of such vaccination upon all livestock so vaccinated.

Source: SDC 1939, § 39.1401; SL 1943, ch 141.


     40-27-13.   Veterinarian's statement filed with register of deeds--Contents--Filing and indexing. Any veterinarian entitled to a lien under § 40-27-12 shall make an account in writing, stating the kind and number of livestock vaccinated, the price agreed upon for such vaccination, which shall not be in excess of the price usually charged for such services, the name of the person for whom said vaccinating was done, and description of the livestock vaccinated, and if branded shall describe the brand thereon, and after making oath to the correctness of the account shall file the same in the office of the register of deeds of the county in which the person owning such livestock resides.
     The register of deeds shall number, file, and index the said lien in the personal property index.

Source: SDC 1939, § 39.1402.


     40-27-14.   Priority of vaccination lien if filed within twenty days. A lien under § 40-27-12 shall have priority over all conveyances and encumbrances upon said livestock if filed within twenty days from the day on which said vaccination was completed.

Source: SDC 1939, § 39.1403.


     40-27-15.   Innocent purchasers and encumbrancers not affected by vaccination lien filed late. The lien under § 40-27-12 shall not affect the rights of innocent purchasers or encumbrancers of the livestock unless the lien statement be filed within twenty days after completion of the vaccination.

Source: SDC 1939, § 39.1401; SL 1943, ch 141.


     40-27-16.   Foreclosure of liens on livestock. Any lien arising under the provisions of this chapter may be foreclosed under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require a foreclosure under chapter 21-53.

Source: SDC 1939, §§ 39.1003, 39.1105, 39.1404.


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