1311.48 Lien for care of animals
As used in sections 1311.48 and 1311.49 of the Revised Code “animal” means any animal other than man and includes fowl, birds, fish, and reptiles, and “owner” means and includes the person who holds legal title to an animal, or any other person, having lawful custody of an animal, who contracts for food, board, or professional services for such animal.
Any person who feeds or boards an animal under contract with the owner shall have a lien on such animal to secure payment for food and board furnished.
(126 v 163, eff. 9-29-55; 1953 H 1; GC 8353)
1311.49 Sale of animal to satisfy claim
If the owner of an animal, upon written demand by the lienholder, fails to satisfy a lien acquired under section 1311.48 of the Revised Code the lienholder may sell the animal at public sale to satisfy such lien, provided that before the animal is offered for sale the lienholder shall give ten days' notice of the time and place of sale in a newspaper of general circulation in the county where food or board was furnished. The lienholder, on the day following publication, shall mail a copy of the public notice to the owner by registered mail at the last known address of such owner. If the animal is sold for a price which exceeds the amount of the lien, plus costs incurred by the lienholder, the remaining balance shall be paid by the lienholder to the owner or to such other person as may be legally entitled to receive same. If the lienholder sells or otherwise disposes of any animal without first giving the notice required by this section he shall not pursue any deficiency upon such obligation.
(126 v 163, eff. 9-29-55; 1953 H 1; GC 8354)
1311.50 Lien upon get for service
The keeper of any stallion, jack, or registered purebred bull, has a lien upon its get for the period of twelve months after birth thereof, for the payment of the service of such stallion, jack, or bull.
(1953 H 1, eff. 10-1-53; GC 8355)
1311.51 Enforcement of lien
A keeper or owner of any stallion, jack, or registered pure-bred bull may enforce his lien for service by replevin of the property before any county or municipal court having territorial jurisdiction where it is found. Upon gaining possession thereof, on first giving ten days' notice to the reputed owner of his intention to do so, he may sell it at public sale after two weeks' notice of the time and place of sale by notices posted in five conspicuous and public places in the township or municipal corporation where proceedings in replevin are had.
Out of the proceeds of sale such keeper or owner may retain the amount due him for such service, with the costs by him incurred in the replevin suit. He must account to the owner of the get for any surplus realized by the sale. When payment is made to him, or his agent, for any such get, the owner of any such stallion, jack, or bull shall deliver to the payee a receipt in full for the amount thereof, and stating for what paid.
(132 v H 2, eff. 2-14-67; 1953 H 1; GC 8356, 8357)
1311.52 Lien of consignee of merchandise—Repealed
1311.53 Notice avoids consignee's lien—Repealed
1311.54 Factor or agent as true owner—Repealed