§ 16-401. Lien for care and custody

   (a) Creation of lien. -- The owner or operator of a livery stable or other establishment who gives care or custody to any livestock has a lien on the livestock for any reasonable charge incurred for:

   (1) Board and custody;

   (2) Training;

   (3) Veterinarians' and blacksmiths' services; and

   (4) Other proper maintenance expenses.

(b) Sale of livestock. -- If the charges which give rise to the lien are due and unpaid for 30 days and the lienor is in possession of the livestock, the lienor may sell the livestock to which the lien attaches at public sale.

(c) Notice of sale. --

   (1) The lienor shall publish notice of the sale once a week for two successive weeks in one or more newspapers of general circulation in the county where the livestock is located.

   (2) In addition, the lienor shall send notice by registered or certified mail at least 30 days before the sale to the owner of the livestock at his last known address. If the owner's address is unknown, the notice may be given by posting it on the door of the courthouse or on a bulletin board in the immediate vicinity of the door of the courthouse of the county where the livestock is located.

(d) Application of proceeds. --

   (1) The proceeds of the sale shall be applied, in the following order, to:

      (i) The expenses of the sale; and

      (ii) The amount of the lien claim.

   (2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the livestock.

HISTORY: An. Code 1957, art. 63, § 51; 1975, ch. 49, § 3; ch. 366, § 1.