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Home > Statutes > USA Iowa
USA Statutes : iowa
Title : TITLE XIV PROPERTY
Chapter : LIEN FOR SERVICES OF ANIMALS

580.1 Nature of lien--forfeiture.


Except as provided in chapter 579A, the owner or keeper of any stallion, bull or jack kept for public service, or any person, firm, or association which invokes pregnancy of animals for the public by means of artificial insemination shall have a prior lien on the progeny of such stallion, bull, artificial insemination or jack, to secure the amount due such owner, artificial inseminator or keeper for the service resulting in such progeny, but no such lien shall obtain where the owner or keeper misrepresents the animal by a false or spurious pedigree, or fails to substantially comply with the laws of Iowa relating to such animals.

580.2 Period of lien--sale or removal.


The lien herein provided for shall attach at the birth of such progeny and shall remain in force on such progeny for one year and shall not be lost by reason of any sale, exchange, or removal from the county of the animals subject to such lien.

580.3 Sale or removal prohibited--penalty.


It shall be unlawful to sell, exchange, or remove permanently from the county any animal subject to the lien herein provided for, without the written consent of the holder of such lien, and any person violating this provision, shall be guilty of a simple misdemeanor.

580.4 Affidavit of foreclosure.


Liens may be enforced by the holder filing with the sheriff of the county in which the progeny is kept, an affidavit which shall, in addition to a demand for foreclosure, contain:


1. A description of the stallion, bull or jack, when used and of the dam and its progeny.


2. The time and terms of said service.


3. A statement of the amount due for said service.

580.5 Possession and notice.


The sheriff shall, under said affidavit, take immediate possession of said progeny, and give written notice of the sale thereof, which notice shall contain:


1. A copy of the said affidavit.


2. The date and hour when, and the particular place at which, said property will be sold.

580.6 Service of notice.


Said notice shall be served as follows:


1. By posting a duplicate copy for ten days prior to the day of sale in three public places in the township in which the sale is to take place, and


2. If the owner of the progeny resides in the said county, by also serving a duplicate copy on the owner in the manner in which original notices are served, at least ten days prior to the day of sale.

580.7 Joinder of liens.


A foreclosure may embrace liens on more than one progeny of the same stallion, bull, inseminator or jack when all of said progenies are owned by the same person. In such case there shall be separate sales until an amount is realized sufficient to pay all liens and costs.

580.8 Sale--application of proceeds.


If payment of the service fee, and costs, be not made prior to the time of sale, as fixed in such notice, the sheriff may sell property so held by the sheriff, or so much thereof as may be necessary, at public auction to the highest bidder, and the proceeds shall be applied, first, to the payment of the costs, and second, in payment of amount due for service fee. Any surplus arising from such sale shall be forthwith paid to the owner of the property sold.

580.9 Right of contest--injunction.


The right of the owner or keeper to foreclose, as well as the amount claimed to be due, may be contested by anyone interested in so doing, and the proceeding may be transferred to the district court, for which purpose an injunction may issue, if necessary.

 
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