reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-221 - Retention of records

(a)
Except as otherwise provided in subsection (b), a holder required to file a report under §
18-28-207
shall maintain the records containing the information required to be included in the report for ten (10) years after the holder files the report, unless a shorter period is provided by rule of the administrator.
(b)
A business association or financial organization that sells, issues, or provides to others for sale or issue in this state, traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three (3) years after the holder files the report.
Acts 1999, No. 850, § 21.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-222 - Enforcement

The administrator may maintain an action in this or another state to enforce this subchapter. The court may award reasonable attorney's fees to the prevailing party.
Acts 1999, No. 850, § 22.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-223 - Interstate agreements and cooperation - Joint and reciprocal actions with other states

(a)
The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in §
18-28-220
. The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.
(b)
The administrator may join with another state to seek enforcement of this subchapter against any person who is or may be holding property reportable under this subchapter.
(c)
At the request of another state, the Attorney General of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in maintaining the action.
(d)
The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the Attorney General of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney's fees may be paid from money received under this subchapter. The administrator may agree to pay expenses and attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney's fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this subchapter.
Acts 1999, No. 850, § 23.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-224 - Interest and penalties

(a)
A holder who fails to report, pay, or deliver property within the time prescribed by this subchapter shall pay to the administrator interest at the annual rate of two (2) percentage points above the bank prime loan rate as reported from time to time in the Board of Governors of the Federal Reserve System statistical release H.15 (Selected Interest Rates) or any successor publication on the property or value thereof from the date the property should have been reported, paid or delivered.
(b)
Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this subchapter, or fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of two hundred dollars ($200) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000).
(c)
A holder who willfully fails to report, pay, or deliver property within the time prescribed by this subchapter, or willfully fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(d)
A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day from the date a report under this subchapter was due, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(e)
The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence.
Acts 1999, No. 850, § 24; 2005, No. 175, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-225 - Agreement to locate property

(a)
An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four (24) months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim.
(b)
An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property is enforceable only if the agreement is in writing, provides for a fee of not more than ten percent (10%) of the recovery, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.
(c)
If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
(d)
An agreement covered by this section which provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney's fees to an owner who prevails in the action.
(e)
This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation.
Acts 1999, No. 850, § 25.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-226 - Foreign transactions

This subchapter does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction.
Acts 1999, No. 850, § 26.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-227 - Transitional provisions

(a)
An initial report filed under this subchapter for property that was not required to be reported before July 30, 1999, but which is subject to this subchapter must include all items of property that would have been presumed abandoned during the ten-year period next preceding July 30, 1999, as if this subchapter had been in effect during that period.
(b)
This subchapter does not relieve a holder of a duty that arose before July 30, 1999, to report, pay, or deliver property. Except as otherwise provided in §
18-28-219(b)
, a holder who did not comply with the law in effect before July 30, 1999, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section.
Acts 1999, No. 850, § 27.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-228 - Rules

The administrator may adopt pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et. seq., rules necessary to carry out this subchapter.
Acts 1999, No. 850, § 28.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-229 - Uniformity of application and construction

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.
Acts 1999, No. 850, § 29.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-230 - Periods of limitation not a bar

Any statute of limitations that would vest the ownership of property subject to this subchapter in a holder of said property before expiration of a period of presumed abandonment is tolled until a demand is made by a party entitled to possession.
Acts 1979, No. 256, § 15; 1985, No. 780, § 7; A.S.A. 1947, § 50-634; Acts 1997, No. 104, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 4 - MINERAL PROCEEDS (§§ 18-28-401 — 18-28-404) › Section 18-28-401 - Definitions

As used in this subchapter:
(1)
"Holder" means a person, wherever organized or domiciled, who is:
(A)
In possession of property that belongs to another;
(B)
A trustee; or
(C)
Indebted to another on an obligation;
(2)
"Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral in this state, regardless of the depth at which the substance is found; and
(3)
"Mineral proceeds" means all obligations:
(A)
To pay resulting from the production and sale of minerals from this state; and
(B)
For the acquisition and retention of a mineral lease to produce minerals located in this state.
Acts 1987, No. 362, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 4 - MINERAL PROCEEDS (§§ 18-28-401 — 18-28-404) › Section 18-28-402 - Escrow accounts

(a)
(1)
A holder of mineral proceeds shall establish an escrow account for mineral proceeds if the person entitled to the receipt of the mineral proceeds is unknown or has not been located within one (1) year after the funds became payable or distributable.
(2)
The escrow account shall be for the benefit of the rightful recipient of the mineral proceeds.
(3)
A person showing to the holder of mineral proceeds sufficient proof of identity and marketable title to the property shall be promptly paid the sum accumulated for his or her benefit in the escrow account.
(b)
(1)
If a holder of mineral proceeds is required to establish more than one (1) escrow account by operation of this section, then the mineral proceeds accruing may be commingled in a single escrow account.
(2)
Separate records of each deposit and withdrawal on behalf of specific persons shall be maintained.
(c)
A holder of mineral proceeds who violates this section is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500).
(d)
The Auditor of State shall enforce this subchapter and may conduct random audits of the escrow accounts required by this section.
Amended by Act 2015, No. 1039,§ 2, eff. 7/22/2015.
Acts 1987, No. 362, § 3; 2003, No. 1763, § 1; 2005, No. 1994, § 95; 2009, No. 1175, § 18.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 4 - MINERAL PROCEEDS (§§ 18-28-401 — 18-28-404) › Section 18-28-404 - Reports

A report required to be made to the Auditor of State by a holder of abandoned mineral proceeds under this subchapter shall be submitted to the Auditor of State in an electronic format approved by the Auditor of State.
Added by Act 2015, No. 1039,§ 4, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 29 - PROPERTY SALES (§§ 18-29-201 — 18-29-204) › Subchapter 2 - UNUSED PROPERTY (§§ 18-29-201 — 18-29-204) › Section 18-29-202 - Prohibited unused property sale items

(a)
No unused property merchant shall offer for sale at an unused property market or knowingly permit the sale of:
(1)
Baby food;
(2)
Infant formula;
(3)
Cosmetics or personal care products; or
(4)
Any nonprescription drug or medical device.
(b)
This section shall not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of the product, as long as the authorization is not false, fraudulent, or fraudulently obtained.
Acts 1999, No. 1350, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 29 - PROPERTY SALES (§§ 18-29-201 — 18-29-204) › Subchapter 2 - UNUSED PROPERTY (§§ 18-29-201 — 18-29-204) › Section 18-29-203 - Receipts

(a)
(1)
Every unused property merchant shall maintain receipts for the purchase of new and unused property, as defined in §
18-29-201(3)
.
(2)
Receipts shall contain all of the following information:
(A)
The date of the transaction;
(B)
The name and address of the person, corporation, or entity from which the new and unused property was acquired;
(C)
An identification and description of the new and unused property acquired;
(D)
The price paid for such new and unused property; and
(E)
The signature of the seller and buyer of the new and unused property.
(b)
It is a violation of this subchapter for an unused property merchant required to maintain receipts under the provisions contained in subsection (a) of this section to knowingly:
(1)
Falsify, obliterate, or destroy such receipts;
(2)
(A)
Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request.
(B)
However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or
(3)
Fail to maintain the receipts required by this section for at least two (2) years.
(c)
The provisions of this subchapter shall not apply to:
(1)
The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;
(2)
The sale of wood for fuel, ice, or livestock;
(3)
Business conducted in any industry or association trade show;
(4)
Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured within recent times;
(5)
Anyone who sells by sample, catalog, or brochure for future delivery;
(6)
The sale of arts or crafts by a person who produces such arts or crafts;
(7)
Persons who make sales presentations pursuant to a prior individualized invitation issued to the consumer by the owner or legal occupant of the premises;
(8)
Garage or yard sales held on premises devoted to residential use; or
(9)
Sales conducted by motor freight carrier companies for the purpose of selling salvage goods.
Acts 1999, No. 1350, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 29 - PROPERTY SALES (§§ 18-29-201 — 18-29-204) › Subchapter 2 - UNUSED PROPERTY (§§ 18-29-201 — 18-29-204) › Section 18-29-204 - Penalty

The penalty for violation of this subchapter shall be as follows:
(1)
The first violation shall be a Class B misdemeanor;
(2)
The second violation shall be a Class A misdemeanor; and
(3)
The third or subsequent violation shall be a Class D felony.
Acts 1999, No. 1350, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-101 - Proof or acknowledgment - Recording

All mortgages of real estate shall be proven or acknowledged in the same manner that deeds for the conveyance of real estate are required by law to be proven or acknowledged. When so proven or acknowledged they shall be recorded in the counties in which the lands lie.
Rev. Stat., ch. 101, § 1; Acts 1877, No. 22, § 1, p. 17; 1891, No. 7, § 1, p. 6; C. & M. Dig., § 7380; Pope's Dig., § 9434; Acts 1961, No. 185, § 10-102(2); A.S.A. 1947, § 51-1001.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-102 - Lien attaches when recorded

Every mortgage of real estate shall be a lien on the mortgaged property from the time it is filed in the recorder's office for record, and not before. The filing shall be notice to all persons of the existence of the mortgage.
Rev. Stat., ch. 101, § 2; C. & M. Dig., § 7381; Pope's Dig., § 9435; Acts 1961, No. 185, § 10-102(3); A.S.A. 1947, § 51-1002.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-103 - Extension of maturity date

(a)
(1)
No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon, shall operate, so far as it affects the rights of third parties, to revive the debts or extend the operation of the statute of limitations with reference thereto, unless the parties execute and acknowledge a written agreement setting forth the terms of the extension or renewal and the description of the property affected and record it in the office of the recorder of the county in which the property is located, or unless a memorandum showing the extension or renewal is endorsed on the margin of the record where the instrument is recorded, which endorsement shall be attested and dated by the clerk.
(2)
(A)
In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void.
(B)
The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995.
(b)
In all cases of existing recorded mortgages, deeds of trust, or deeds barred by the terms of this section, or when the debt retains liens, when the debt or liability would be barred by the terms of this section, the party in whose favor the debt or liability exists shall be allowed one (1) year from the date of the debt or liability to bring action to enforce it.
Acts 1917, No. 374, § 1; C. & M. Dig., § 7382; Pope's Dig., § 9436; Acts 1973, No. 604, § 2; A.S.A. 1947, § 51-1010; Acts 1995, No. 1025, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-105 - Certification upon payment before sale

If mortgaged property is redeemed by payment to the officer before the sale, the officer shall make a certificate thereof and acknowledge it before some officer authorized to take acknowledgment of deeds for lands. The certificate shall be recorded in the office in which the mortgage is recorded and shall have the same effect as satisfaction entered on the margin of the record.
Rev. Stat., ch. 101, § 21; C. & M. Dig., § 7398; Pope's Dig., § 9455; A.S.A. 1947, § 51-1015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-106 - Sufficiency of satisfaction - Transfer or assignment

(a)
(1)
Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned.
(2)
The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk.
(b)
Where it shall appear from a memorandum endorsed upon the margin of the record and attested as provided in subsection (a) of this section that the mortgage, deed of trust, vendor's lien, or other evidence of indebtedness has been transferred, satisfaction shall be made by the party appearing therein as the transferee.
(c)
(1)
This section does not apply in counties which use other than paper recording systems.
(2)
The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995.
(3)
In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void.
Acts 1917, No. 374, § 2; C. & M. Dig., § 7399; Pope's Dig., § 9456; A.S.A. 1947, § 51-1016; Acts 1995, No. 1025, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-107 - Attestation of satisfaction - Separate release

(a)
In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signature shall be attested and dated by the clerk. The attestation by the clerk shall be evidence of the facts recited therein.
(b)
The effectual discharge of any lien, deed of trust, or mortgage lien in note, bond, or other instrument may be made by a separate release deed or instrument duly executed, acknowledged, and recorded. This instrument when so recorded shall be of the same effect as a marginal entry.
(c)
(1)
Subsection (a) of this section does not apply in counties which use other than paper recording systems.
(2)
In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995.
(3)
In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void.
Acts 1917, No. 374, § 3; C. & M. Dig., § 7400; Pope's Dig., § 9457; A.S.A. 1947, § 51-1017; Acts 1995, No. 1025, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-108 - Validation of prior releases

(a)
All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of the date of the passage of this act, shall be valid and effectual as a release of the lien as fully as if executed by the person entitled to release it whether the releases purport to be executed by the:
(1)
Mortgagee, trustee, or the beneficiary in the lien;
(2)
Agent or attorney of the mortgagee, trustee, or beneficiary;
(3)
Circuit clerk or his or her deputy;
(4)
Assignee of any notes secured by the liens; or
(5)
Assignee of the instrument reserving a lien.
(b)
(1)
The clerks in counties which use other than paper recording systems shall not allow marginal releases to be entered after December 31, 1995.
(2)
Marginal releases entered after December 31, 1995, are void.
Acts 1955, No. 101, § 2; A.S.A. 1947, § 51-1018; Acts 1995, No. 1025, § 5.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-109 - Transfer, etc., by separate instrument

(a)
(1)
No provision contained in §§
18-40-103
,
18-40-106
,
18-40-107
, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded.
(2)
At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found.
(3)
The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.
(b)
(1)
The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995.
(2)
Any such marginal notation entered after December 31, 1995, is void.
Acts 1917, No. 374, § 4; C. & M. Dig., § 7394; Pope's Dig., § 9451; A.S.A. 1947, § 51-1019; Acts 1995, No. 1025, § 6.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 40 - MORTGAGES (§§ 18-40-101 — 18-40-110) › Section 18-40-110 - Recording by public utilities covering property situated in more than one county

(a)
Every mortgage, deed of trust, and instrument supplementary thereto, amendatory thereof, or in satisfaction thereof, covering any real property situated in more than one (1) county in this state and made by a corporation subject to regulation by the Arkansas Public Service Commission, or its successor, shall be executed and acknowledged in the manner provided by law and may be recorded or filed in the office of the Secretary of State, but the recording or filing is not mandatory.
(b)
The recording or filing of the instrument in the office of the Secretary of State shall be notice to all subsequent purchasers and encumbrancers of the rights and interests of the parties thereto as to property described in the recorded or filed instrument.
(c)
A general description of the property of the mortgagor, rather than a specific description of each parcel or item, shall be an adequate description.
(d)
Any such instrument previously recorded or filed in the office of the county recorder or circuit clerk of any county in this state may be rerecorded or refiled in the office of the Secretary of State in the manner provided in this section. The rerecording or refiling thereafter shall be of the same effect as to any property not previously released from the mortgage or deed of trust as if the instrument had been originally recorded or filed in the office of the Secretary of State.
(e)
Any mortgage properly filed in the office of the Secretary of State in accordance with the provisions of this section shall be a lien on the mortgaged property from the time it is filed, and not before.
(f)
Upon the filing of any instrument as provided in this section, there shall also be filed with the recorder of deeds of the county wherein the mortgaged property is situated a brief statement containing the names of the mortgagor and mortgagee and a description of the property. An adequate property description shall consist of language reading substantially as follows: "All property owned by mortgagor and situated in ............... County, Arkansas."
(g)
Instruments recorded or filed prior to July 24, 1973, shall not be affected by this section.
(h)
All other laws not in conflict with this section which relate to the time when, or manner or place in which, mortgages, deeds of trust, or instruments supplementary thereto, amendatory thereof, or in satisfaction thereof are filed, executed, or acknowledged or which relate to the manner of endorsement of the record where the instrument is recorded shall be construed to apply to instruments recorded or filed in the office of the Secretary of State pursuant to this section.
Acts 1973, No. 252, §§ 1-3; A.S.A. 1947, §§ 51-1020 -- 51-1022.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-101 - Lien on crop - Period effective - Definition

(a)
Every landlord shall have a lien upon the crop grown upon the demised premises in any year for rent that shall accrue for the year.
(b)
(1)
The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected.
(2)
The lien shall continue for six (6) months after the last installment of rent under the rental agreement becomes due and payable, and no longer.
(c)
(1)
As used in this section, "rent" means all payments to be made to the landlord under the rental agreement.
(2)
"Rent" includes a payment paid on behalf of the tenant by a government agency or other entity.
Amended by Act 2017, No. 569,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 569,§ 1, eff. 8/1/2017.
Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6889; Pope's Dig., § 8845; A.S.A. 1947, § 51-201; Acts 2003, No. 32, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-102 - Liability of subtenants

Any person subrenting lands or tenements shall be held responsible only for the rent of lands and tenements cultivated or occupied by him or her.
Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6892; Pope's Dig., § 8848; A.S.A. 1947, § 51-202.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-103 - Lien for advances - Enforcement

(a)
(1)
In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles, the landlord shall have a lien upon the crop raised upon the premises for the value of the advances.
(2)
The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected.
(b)
This lien shall have preference over any mortgage or other conveyance of the crop made by the tenant or employee.
(c)
This lien may be enforced by an action of attachment before any court having jurisdiction, and the lien for advances and for rent may be joined and enforced in the same action.
Amended by Act 2017, No. 757,§ 1, eff. 8/1/2017.
Acts 1885, No. 134, § 1, p. 225; C. & M. Dig., § 6890; Pope's Dig., § 8846; A.S.A. 1947, § 51-203; Acts 2003, No. 32, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-104 - Priority of tenant employees' liens

(a)
Whenever any landlord shall endorse, upon any written agreement made by and between his or her tenant and the employees of the tenant, his or her written consent to the terms of the agreement, then, and in that case only, the lien of the employees shall have precedence over that of the landlord.
(b)
This precedence shall be only for the compensation specified in the agreement, the services therein specified having been rendered towards the production of the crop against which the landlord's lien attaches.
Acts 1875, No. 29, § 2, p. 84; C. & M. Dig., § 6891; Pope's Dig., § 8847; A.S.A. 1947, § 51-204.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-105 - Waiver to be recited in mortgage

If any mortgagee procures a waiver of the landlord's lien, in part or in full, he or she shall recite it in his or her mortgage. If the waiver of lien is not recited in the mortgage, or attached thereto, the waiver shall be invalid against any subsequent mortgagee, purchaser, or assignee.
Acts 1935, No. 161, § 1; Pope's Dig., § 8857; A.S.A. 1947, § 51-212.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-106 - Right to assign

(a)
A landlord's lien for rent shall be assignable.
(b)
The holder of any note, contract, or other instrument evidencing the rent for land upon which crops are to be produced during any year may sell, assign, transfer, mortgage, or pledge the note, contract, or other evidence thereof, together with the lien, if any, provided by law in favor of landlords, and the transferee, endorsee, mortgagee, pledgee, or holder thereof shall have the right to enforce the lien so transferred.
Acts 1935, No. 12, §§ 1, 2; Pope's Dig., §§ 8858, 8859; A.S.A. 1947, §§ 51-210, 51-211.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-107 - Purchasers or assignees from bailees

The purchaser or assignee of the receipt of any ginner, warehouser, cotton factor, or other bailee for any cotton, corn, or other farm products in store or custody of the ginner, warehouser, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such produce against the lien of any landlord or laborer.
Acts 1885, No. 134, § 3, p. 225; C. & M. Dig., § 6893; Pope's Dig., § 8849; A.S.A. 1947, § 51-205.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 41 - LANDLORDS' LIENS (§§ 18-41-101 — 18-41-108) › Section 18-41-108 - Attachment to enforce

(a)
Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases:
(1)
If the tenant is about to remove the crop from the premises without paying the rent; or
(2)
If he or she has removed the crop, or any portion thereof, without the consent of the landlord.
(b)
(1)
Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent.
(2)
The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her.
(c)
The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord.
(d)
If the rent is not due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits.
Amended by Act 2017, No. 757,§ 2, eff. 8/1/2017.
Acts 1860, No. 51, §§ 1-4, p. 101; C. & M. Dig., §§ 6897-6900; Pope's Dig., §§ 8853-8856; A.S.A. 1947, §§ 51-206 -- 51-209.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-101 - Contracts for more than one year to be in writing

A contract for services or labor for a period longer than one (1) year shall not entitle the parties to the benefits of this chapter unless the contract is in writing, signed by the parties, and witnessed by two (2) disinterested witnesses or acknowledged before an officer authorized by law to take an acknowledgment.
Acts 1883, No. 96, § 2, p. 176; 1887, No. 78, § 1, p. 108; C. & M. Dig., §§ 6879, 6880; Pope's Dig., §§ 8835, 8836; A.S.A. 1947, §§ 51-502, 51-503; Acts 2005, No. 917, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-102 - Contracts of minors

(a)
The contract of a minor when approved by the parent having control of the minor, or, in case there is no parent, when approved by his or her guardian, or the contract of a minor over fifteen (15) years of age having neither a parent or guardian shall be binding.
(b)
However, a contract with the minor shall not be for a longer period than one (1) year.
Acts 1883, No. 96, § 2, p. 176; C. & M. Dig., § 6881; Pope's Dig., § 8837; A.S.A. 1947, § 51-504.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-103 - Out-of-state contracts binding

Contracts made with laborers or employers beyond the limits of this state for labor or services to be performed in this state shall be as binding as if entered into within this state.
Acts 1883, No. 96, § 1, p. 176; C. & M. Dig., § 6878; Pope's Dig., § 8834; A.S.A. 1947, § 51-501.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-104 - Filing and indexing of contracts

(a)
A copy of the contract or the original shall be filed in the recorder's office of the proper county. The filing shall be sufficient notice of the existence of the lien.
(b)
No third party shall be prejudiced by the existence of the lien, nor in any manner liable under a provision of this chapter unless a copy of the contract is filed in the recorder's office as provided.
Acts 1883, No. 96, § 4, p. 176; C. & M. Dig., §§ 6883, 6884; Pope's Dig., §§ 8839, 8840; A.S.A. 1947, § 51-506; Acts 2005, No. 917, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-105 - Reservation of lien

Specific liens are reserved upon so much of the produce raised and articles constructed or manufactured by laborers during their contract as will secure all moneys, the value of all supplies furnished them by the employers, and all wages or shares due the laborer.
Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-106 - Penalty for fraudulent disposition

(a)
If either party, before settlement, shall dispose of or appropriate any of the things set forth in §
18-42-105
without the consent of the other so as to defraud him or her of the amount due, that party shall be deemed guilty of a misdemeanor and upon conviction may be fined not exceeding one hundred dollars ($100) and confined in the county jail not less than one (1) month nor more than six (6) months.
(b)
Nothing in this section shall be so construed as forbidding the laborer from mortgaging so much of his or her crop for necessary supplies as may be equal to his or her interest therein at the time, if the employer having contracted to furnish the supplies fails or refuses to do so.
Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-107 - Discharge of laborer before expiration of contract

If any employer, without good cause, shall dismiss a laborer prior to the expiration of his or her contract, unless by agreement, he or she shall be liable to the laborer for the full amount that would have been due him or her at the expiration thereof, and the laborer shall be entitled to the lien provided in §
18-42-105
for the enforcement of the liability.
Acts 1883, No. 96, § 5, p. 176; C. & M. Dig., § 6885; Pope's Dig., § 8841; A.S.A. 1947, § 51-507.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-108 - Abandonment by employee

If any laborer, without good cause, shall abandon his or her employer before the expiration of his or her contract, he or she shall be liable to his or her employer for the full amount of any account he or she may owe his or her employer and shall forfeit to his or her employer all wages or share of crop due him or her, or which might become due him or her, from his or her employer.
Acts § 1883, No. 96, § 6, p. 176; C. & M. Dig., § 6886; Pope's Dig., § 8842; A.S.A. 1947, § 51-508.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-109 - Proceedings to enforce liens

Proceedings for the enforcement of liens under this chapter are governed in the circuit court by the law regulating mechanics' liens.
Amended by Act 2017, No. 757,§ 3, eff. 8/1/2017.
Acts 1883, No. 96, § 7, p. 176; C. & M. Dig., § 6887; Pope's Dig., § 8843; A.S.A. 1947, § 51-509.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 42 - LIENS OF EMPLOYERS AND EMPLOYEES UNDER CONTRACT (§§ 18-42-101 — 18-42-110) › Section 18-42-110 - Lien of employer on crop when no written contract

(a)
When no written contract is made under this chapter, the employer shall have a lien upon that portion of the crop going to the employee for any debt incident to making and gathering the crop owing to the employer by the employee without any necessity for recording any contract of writing giving the lien.
(b)
(1)
In such case, no mortgage or conveyance of any part of the crop made by the person cultivating the land of another shall have validity unless made with the consent of the employer or owner of the land or crop, and the consent must be endorsed upon the mortgage or conveyance.
(2)
However, no endorsement shall bind the party making it to pay the debt unless expressly so stipulated.
Acts 1883, No. 96, § 9, p. 176; C. & M. Dig., § 6888; Pope's Dig., § 8844; A.S.A. 1947, § 51-510.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 43 - LABORERS' LIENS GENERALLY (§§ 18-43-101 — 18-43-118) › Section 18-43-101 - Lien for production of labor

All laborers who shall perform work and labor for any person under a written or verbal contract shall have an absolute lien on the production of their labor for the work and labor if unpaid for it.
Acts 1868, No. 64, § 1, p. 176; C. & M. Dig., § 6848; Pope's Dig., § 8804; A.S.A. 1947, § 51-301.