Full Statute Name:  West's Annotated Code of West Virginia. Chapter 38. Liens. Article 11. Miscellaneous Liens and Pledges.§ 38-11-4. Lien of bailee of animals or vehicles

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Primary Citation:  W. Va. Code, § 38-11-4 Country of Origin:  United States Last Checked:  February, 2019 Alternate Citation:  WV ST § 38-11-4
Summary: This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase.

§ 38-11-4. Lien of bailee of animals or vehicles

A person keeping a livery stable, or boarding stable for animals, or a garage or storage place for automobiles or other vehicles, or who boards, pastures, feeds or trains animals for hire, has a lien upon such animals or vehicles for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping or storage of such vehicles, even though such animals or vehicles are permitted to be taken out of the possession of the one claiming such lien, if the contract between the owner and the person claiming such lien for keeping, boarding, pasturage, feeding, training or storage, has not been terminated at the time such animal or vehicle is taken out of such possession: Provided, however, that any purchaser of such animal or vehicle, while out of the possession of the person claiming such lien, shall take such property free of such lien, unless he had actual notice at the time of such purchase that such animal or vehicle was being kept, stored, boarded, pastured, fed or trained by some person other than the owner thereof: Provided further, that the lien hereinbefore provided for in this section shall not be valid as against any person other than the owner of such animal or vehicle, whether such other person have notice of the claim of lien or not, for any charges incurred more than three months prior to the time when such person other than the owner acquired his interest in the animal or chattel, unless the animal or chattel was, at the time of the acquisition of such interest, actually in the possession of the person claiming such lien.

Credits

Formerly Code Va. 1849, c. 90, § 11; Code Va. 1860, c. 90, § 11; Code 1868, c. 100, § 15; Code 1923, c. 100, § 15.

 

§ 38-11-6. Lien of humane officer

When any humane officer shall provide any neglected or abandoned animal with proper food, shelter and care, he shall have a lien upon such animal for the expense thereof, and such expense shall be charged against the owner of such animal. Until the humane officer shall take possession of the animal or place the animal in the possession of some person other than the owner, to the extent and in the manner provided for in section fourteen of this article, such lien shall not be good against a purchaser of the animal from the owner, for value, and without notice of the facts creating the lien.

Credits

Acts 1919, c. 118, § 14f; Acts 1923, c. 47, § 14f; Acts 1981, c. 141.

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