reglab/statecodes huggingface dataset:
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-202 - Right to lien in general - Extent

(a)
Any person, corporation, firm, association, partnership, material man, artisan, laborer, or mechanic who when under contract, express or implied, made with the owner or lessee of any land, mine, or quarry, or the owner of any gas, oil, or mineral leasehold interest in land, or the owner of any gas pipeline or oil pipeline, or owner of any oil or gas pipeline right-of-way, or with the trustee, agent, or receiver of any such owner, performs labor, or furnishes fuel, material, machinery, or supplies used in the digging, drilling, torpedoing, operating, completing, equipping, maintaining, or repairing of any oil or gas well, water well, mine or quarry, or oil or gas pipeline, including any and all tanks or other receptacles used or intended for the storage of oil, regardless of where the oil is produced, shall have a lien on:
(1)
The whole of the land or leasehold interest therein;
(2)
Any oil pipeline or gas pipeline including the right-of-way for the pipeline;
(3)
Any lease for oil and gas purposes, the buildings and appurtenances, the materials and supplies so furnished, the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which they are furnished, and on all of the other oil wells, gas wells, buildings and appurtenances including pipelines, leasehold interests, and land used in operating for oil, gas, and other minerals; or
(4)
The leasehold, land, or pipeline and the right-of-way therefor for which the material and supplies were furnished or labor performed, whether they are movable or not.
(b)
If labor supplies, machinery, or material are furnished to a leaseholder, the lien created by this section shall not attach to the underlying fee title to the land.
Acts 1923, No. 615, § 1; Pope's Dig., § 8905; A.S.A. 1947, § 51-701.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-203 - Furnishing materials or labor to contractors or subcontractors

Any person, corporation, firm, association, partnership, or materialman who furnishes machinery, material, or supplies to a contractor or subcontractor or any person who performs labor under a subcontractor with a contractor, or who as an artisan or day laborer in the employ of a contractor or subcontractor performs any labor, shall have a lien on the land or leasehold interest therein, or on the oil pipeline or gas pipeline including the pipeline right-of-way, or on a lease for oil or gas purposes, on the buildings and appurtenances, and on the materials and supplies furnished and on the oil well, gas well, water well, oil or gas pipeline and the right-of-way therefor, mine, or quarry for which they are furnished, and on all of the other oil wells, buildings and appurtenances, leasehold interest, oil or gas pipeline including right-of-way, or land used in the operating for oil, gas, or other minerals upon which leasehold or land for which the material and supplies were furnished and labor performed, in the same manner and to the same extent as the original contractor, for the amount due him or her for the material furnished or labor performed.
Acts 1923, No. 615, § 3; Pope's Dig., § 8907; A.S.A. 1947, § 51-703.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-204 - Labor or materials furnished refinery or gasoline extraction plants

(a)
The lien created by this section and §§
18-44-201
-
18-44-203
and
18-44-205
-
18-44-210
shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, or repair of any refinery or gasoline extraction plant.
(b)
The lien shall cover the plant, together with the land upon which it is situated, including all pipelines belonging to the refinery or gasoline extraction plant and used in connection therewith.
Acts 1923, No. 615, § 2; Pope's Dig., § 8906; A.S.A. 1947, § 51-702.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-205 - Improvements on leased land

The provisions of §
18-44-103
shall not apply to liens created by this subchapter, and in foreclosures under this section and §§
18-44-201
-
18-44-204
and
18-44-206
-
18-44-210
, all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.
Acts 1923, No. 615, § 10; Pope's Dig., § 8914; A.S.A. 1947, § 51-709.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-206 - Priority generally

(a)
(1)
The lien given in this section and §§
18-44-201
-
18-44-205
and
18-44-207
-
18-44-210
against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages.
(2)
Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity.
(b)
(1)
The lien provided for in this section and §§
18-44-201
-
18-44-205
and
18-44-207
-
18-44-210
shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located.
(2)
However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created.
Acts 1923, No. 615, § 4; Pope's Dig., § 8908; A.S.A. 1947, § 51-704.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-207 - Lien of common laborer superior

(a)
As between the various liens provided by §§
18-44-202
-
18-44-204
, that given common laborers shall be superior to all other liens perfected under this section and §§
18-44-201
-
18-44-206
and
18-44-208
-
18-44-210
.
(b)
The term "common laborer" shall mean not only persons actually performing manual labor in the drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, but to also include persons hauling supplies or machinery to be used in the drilling, operating, equipping, maintaining, or repairing of any oil or gas wells.
Acts 1923, No. 615, § 12; Pope's Dig., § 8915; A.S.A. 1947, § 51-710.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-208 - Proceedings for establishment and enforcement

(a)
Except as expressly provided in this section and §§
18-44-201
-
18-44-207
and
18-44-209
-
18-44-210
, the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, and enforced.
(b)
(1)
When the labor performed or the material, supplies, or machinery furnished was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time upon which the last labor was in good faith performed or the last material, machinery, or supplies were in good faith furnished.
(2)
The lien provided for, when perfected in the manner set out in this subchapter, shall be held in law and equity as security for the entire open, running account whether it has been partially closed by note or not.
(c)
(1)
Whenever any person shall remove any encumbered property to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days after removal, may file an itemized inventory of the property so removed.
(2)
(A)
The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed.
(B)
This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§
18-44-202
-
18-44-204
.
Acts 1923, No. 615, § 8; Pope's Dig., § 8912; A.S.A. 1947, § 51-708.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-209 - Sale or removal of property subject to lien

(a)
When the lien provided for in this section and §§
18-44-201
-
18-44-208
and
18-44-210
shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil pipeline, the contractor, the subcontractor, the purchaser, the trustee, receiver, or agent, of the owner, lessor, lessee, contractor, subcontractor, or purchaser shall either sell or remove any property subject to the lien, cause it to be removed from the land or premises upon which the property was to be used, or otherwise sell or dispose of it without the written consent of the holder of the lien created.
(b)
(1)
In case of any violation of the provision of this section, the same lienholder shall be entitled to the possession of the property upon which the lien exists wherever the property is found, together with the land or leasehold to which the property may have been attached.
(2)
The lienholder is entitled to have it then sold for the payment of his or her debt, whether the debt has become due or not.
Acts 1923, No. 615, § 5; Pope's Dig., § 8909; A.S.A. 1947, § 51-705.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-210 - Limitation of liability

Nothing in §§
18-44-201
-
18-44-209
shall be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated to be paid in the contract under which the material is furnished or labor performed.
Acts 1923, No. 615, § 7; Pope's Dig., § 8911; A.S.A. 1947, § 51-707.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 2 - WELLS, MINES, AND QUARRIES GENERALLY (§§ 18-44-201 — 18-44-211) › Section 18-44-211 - Lien on output and equipment of oil or gas well

(a)
(1)
Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work.
(2)
In addition, his or her lien shall attach to all the machinery, tools, equipment, and implements used in the drilling or operation of oil or gas wells, including all leases to oil or gas rights on the land upon which the drilling or operation is performed.
(b)
(1)
This lien shall not be construed to be a lien upon the real estate of the employer or lessee.
(2)
However, the lien shall be upon the personal property used and connected with the drilling and operations, on the output or production of the oil or gas wells, and on the oil or gas lease on the land.
(c)
This lien shall be enforced in the same manner provided by law for the enforcement of laborer's liens.
Acts 1923, No. 513, §§ 1, 2; Pope's Dig., §§ 8916, 8917; A.S.A. 1947, §§ 51-320, 51-321.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 3 - WELLS, MINES, AND QUARRIES - TRUCKING AND TEAMING CONTRACTORS (§§ 18-44-301 — 18-44-305) › Section 18-44-301 - Construction

The provisions of this subchapter shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this subchapter shall be cumulative of the present lien laws of this state, except as repealed or modified by this subchapter.
Acts 1941, No. 71, § 4; A.S.A. 1947, § 51-714.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 3 - WELLS, MINES, AND QUARRIES - TRUCKING AND TEAMING CONTRACTORS (§§ 18-44-301 — 18-44-305) › Section 18-44-302 - Right to lien - Extent

(a)
Any person, corporation, firm, association, or partnership, designated as a trucking contractor or teaming contractor and engaged in the hauling of oil field equipment used in, or about, the drilling of oil and gas wells or the operation of oil or gas leases in the production of oil or gas therefrom, who under contract, express or implied, made with the owner or lessee of any land, or the owner of any gas, oil, or mineral leasehold interest in land, or the owner of any gas pipeline or oil pipeline, or owner of any oil or gas pipeline right-of-way, or with the trustee, agent, or receiver of any such owner, furnishes trucks, teams, tractors, draglines, and any other equipment and labor for the hauling of fuel, material, machinery, or supplies used in the digging, drilling, torpedoing, operating, completing, equipping, maintaining, or repairing of any oil or gas well, water well, or oil or gas pipeline, including any and all tanks or other receptacles used or intended for the storage of oil, regardless of where the oil is produced, or used for the clearing of land for location of wells, rights-of-way, or digging of earthen pits upon the land shall have a lien on:
(1)
The whole of the land or leasehold interest in the land, the oil pipeline or gas pipeline, including the pipeline right-of-way, the buildings and appurtenances located thereon, and the materials and supplies so hauled by trucks or teams furnished;
(2)
All other materials and supplies located upon the land or leasehold interest, whether hauled by the trucks, teams, tractors, draglines, or other equipment, or not and the oil well, gas well, water well, or oil or gas pipeline for which they are hauled; and
(3)
All the other oil wells, gas wells, buildings, and appurtenances including pipelines, leasehold interests, and land used in operating for oil or gas under a leasehold interest.
(b)
(1)
Also included in the lien are the pipelines and the pipeline right-of-way for which the materials, equipment, and supplies were hauled by the trucks, teams, tractors, draglines, or other equipment and all other materials, supplies, or equipment placed upon the land or leasehold interest, whether they are movable or not.
(2)
If the hauling is done and performed for a leaseholder, the lien created shall not attach to the underlying fee title to the land.
Acts 1941, No. 71, § 1; A.S.A. 1947, § 51-711.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 3 - WELLS, MINES, AND QUARRIES - TRUCKING AND TEAMING CONTRACTORS (§§ 18-44-301 — 18-44-305) › Section 18-44-303 - Priority

(a)
The lien given in this subchapter against the land, or leasehold interest in the land, and against the oil pipeline or gas pipeline, including the pipeline right-of-way, the lease for oil or gas purposes, including the buildings and appurtenances situated on the land, the materials and supplies hauled by trucks, teams, tractors, draglines, or other equipment furnished for that purpose and used upon and about the oil or gas well, water well, oil or gas pipeline, and all other supplies, equipment, materials, buildings, and improvements used upon all other oil wells, gas wells, water wells, leasehold interests, etc., upon the leasehold interest or land to which the lien attaches shall be prior and paramount to, and in preference of, any and all prior or subsequent liens, including materialman's liens, encumbrances, mortgages, bills of sale, or assignments of interest.
(b)
The lien for hauling shall be of equal dignity with that of the common laborer who actually performs manual labor on or about drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, or in the production of oil and gas, the laying and removal of pipelines, and the building of storage tanks.
(c)
The lien provided for shall attach in preference to any prior or subsequent lien or encumbrances, including materialman's liens, or mortgages, or assignments of interest, or bills of sale.
Acts 1941, No. 71, § 2; A.S.A. 1947, § 51-712.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 3 - WELLS, MINES, AND QUARRIES - TRUCKING AND TEAMING CONTRACTORS (§§ 18-44-301 — 18-44-305) › Section 18-44-304 - Proceedings for establishment and enforcement

(a)
The lien created in this subchapter shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, or enforced.
(b)
When the trucks, teams, tractors, draglines, or other equipment, and labor are furnished and hauling done was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time when the last hauling or excavation work was in good faith performed.
(c)
When perfected in the manner set out in this subchapter, the lien provided for in this subchapter shall be held in law and equity as security for the entire open, running account, whether the account has been partially closed by note or not.
Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 3 - WELLS, MINES, AND QUARRIES - TRUCKING AND TEAMING CONTRACTORS (§§ 18-44-301 — 18-44-305) › Section 18-44-305 - Removal of property subject to lien

(a)
Whenever any person shall remove any property subject to a lien under this subchapter to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days thereafter, may file an itemized inventory of the property so removed, showing how much is due and unpaid thereon, with the circuit clerk of the county to which it has been removed.
(b)
The filing shall operate as notice of the existence of the lien, and the lien shall attach and extend to the land or leasehold interest and other premises, property, and appurtenances to which the property so removed shall attach.
Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 4 - RAILROADS (§§ 18-44-401 — 18-44-405) › Section 18-44-401 - Accrual of lien - Lien of injury

There shall be a lien on the railroad for the labor, materials, machinery, fixtures, board, provisions, supplies, loss, damage, and services upon the roadbed, buildings, equipment, income, franchise, right-of-way, and all other appurtenances of the railroad for:
(1)
Every mechanic, contractor, subcontractor, builder, artisan, workman, laborer, or other person who shall do or perform any work or labor, or cause to be done or performed any work or labor upon, or furnish any materials, machinery, fixtures, or other things toward the building, construction, or equipment of any railroad, or to facilitating the operation of any railroad whether completed or not;
(2)
Every person who performs work of any kind in the construction or repair of any railroad, whether under contract with the railroad or with a contractor or subcontractor thereof;
(3)
Every person who furnishes any board, provisions, or supplies for any employees, or teams of any railroad employed in the construction or repair thereof, with the consent or authority of the person authorized to make the construction or repair;
(4)
Every person who shall sustain loss or damage to person or property from any railroad for which a liability may exist at law; and
(5)
Every person who performs any valuable services, manual or professional, for any railroad by or from which the railroad receives a benefit.
Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 4 - RAILROADS (§§ 18-44-401 — 18-44-405) › Section 18-44-402 - Priority

A lien created under §
18-44-401
shall be superior and paramount to that of all persons interested in the railroad as managers, lessees, mortgagees, trustees, beneficiaries under trusts, or owners, whether prior in time or not.
Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 4 - RAILROADS (§§ 18-44-401 — 18-44-405) › Section 18-44-403 - Limitations of actions

The lien mentioned in §
18-44-401
shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of the railroad within one (1) year after the claim has accrued.
Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 2, p. 145; C. & M. Dig., § 8556; Pope's Dig., § 11132; A.S.A. 1947, § 73-738.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 4 - RAILROADS (§§ 18-44-401 — 18-44-405) › Section 18-44-404 - Judgment

The lien shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of court allowing such claim as a just charge against any railroad in the hands of a receiver.
Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 4 - RAILROADS (§§ 18-44-401 — 18-44-405) › Section 18-44-405 - Enforcement

The lien may be enforced by ordinary levy and sale under final or other process at law or equity.
Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-501 - Purpose - Definitions

(a)
As used in this subchapter:
(1)
"Construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement;
(2)
"Public construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a public building, public structure, or public improvement, including without limitation a:
(A)
Levee;
(B)
Sewer;
(C)
Drain;
(D)
Road;
(E)
Street;
(F)
Highway; or
(G)
Bridge; and
(3)
"Real estate construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement located on privately owned real estate.
(b)
Liability imposed under this subchapter on any surety furnishing a payment bond or a performance bond is an integral part of the bond whether or not the liability is explicitly set out or assumed in the bond.
(c)
The purpose of this subchapter is to provide a uniform bonding procedure for payment bonds and performance bonds issued under contracts for the construction, erection, alteration, demolition, or repair of any building, structure, or improvement.
Amended by Act 2021, No. 986,§ 1, eff. 7/28/2021.
Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-502 - Exemption

This subchapter shall not apply to any contract executed by the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 40, eff. 8/1/2017.
Acts 1953, No. 351, § 7; A.S.A. 1947, § 51-638.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-503 - Public buildings and improvements - Definition

(a)
A public construction contract in a sum exceeding fifty thousand dollars ($50,000) shall not be entered into by the State of Arkansas or any subdivision of the state, by any county, municipality, school district, or other local taxing unit, or by any agency of the state, a subdivision of the state, a county, a municipality, a school district, or any other local taxing unit, unless the contractor furnishes to the party letting the contract a payment bond in a sum equal to the amount of the public construction contract.
(b)
A payment bond required under subsection (a) of this section shall cover all claims for labor and materials necessary or used for the public construction contract, including without limitation a claim for the:
(1)
Wages of construction workers under the public construction contract;
(2)
Wages or salaries of supervisory and administrative personnel under the public construction contract;
(3)
Use of temporary facilities;
(4)
Purchase or rental of any machinery, equipment, or hand tools not customarily owned by construction workers;
(5)
Purchase of building permits;
(6)
Payment of construction testing fees;
(7)
Purchase of fuel oil and gasoline;
(8)
Payment of premiums for bonds and liability and workers' compensation insurance;
(9)
Taxes or payments due to the state or any political subdivision of the state arising from the wages earned by construction workers under the public construction contract or in connection with the public construction contract; and
(10)
Wages earned by workers on the public construction contract covered by the payment bond.
Amended by Act 2021, No. 986,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 658,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6078, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 8, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 8, eff. 7/1/2015.
Acts 1953, No. 351, § 1; 1957, No. 209, § 1; 1969, No. 468, § 1; 1979, No. 539, § 1; A.S.A. 1947, § 51-632; Acts 1987, No. 757, § 1; 2001, No. 961, § 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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-504 - Construction by religious or charitable organizations

(a)
A construction contract in any sum exceeding twenty thousand dollars ($20,000) shall not be entered into by any church, religious organization, charitable institution, or by any agency of the church, religious organization, or charitable institution, unless the contractor furnishes to the party letting the construction contract a payment bond in a sum equal to the amount of the contract.
(b)
If the payment bond is not furnished as required by subsection (a) of this section, any person performing labor or furnishing material, except the principal contractor, shall have the right to assert and enforce a lien upon the property for the unpaid amount of the claim under §
18-44-101
et seq.
Amended by Act 2021, No. 986,§ 3, eff. 7/28/2021.
Acts 1911, No. 446, § 5; C. & M. Dig., § 6916; Pope's Dig., § 8875; Acts 1953, No. 351, § 2; A.S.A. 1947, §§ 51-631, 51-633.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-505 - Option for private construction

(a)
A real estate construction contract between private parties may require the contractor to furnish to the party letting the real estate construction contract a:
(1)
Payment bond in a sum equal to the amount of the real estate construction contract for the benefit of all persons and entities that can claim a lien under §
18-44-101
et seq.; and
(2)
Performance bond in a sum equal to the amount of the real estate construction contract for the benefit of the real estate owner.
(b)
If a payment bond is filed as provided under §
18-44-507
before a lien or lien claim has been filed under §
18-44-101
et seq., then the real estate and improvements that otherwise would be subject to any lien under §
18-44-101
et seq. by reason of work or services provided or material or equipment supplied to the contractor providing the payment bond under the real estate construction contract shall not be subject to the lien.
(c)
A civil action may be brought in circuit court on a payment bond or performance bond furnished under this section as provided in §
18-44-508
.
Amended by Act 2021, No. 986,§ 4, eff. 7/28/2021.
Acts 1953, No. 351, § 3; A.S.A. 1947, § 51-634.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-506 - Surety and conditions

The payment bond or performance bond required or authorized in this subchapter shall be:
(1)
Executed by a solvent corporate surety company authorized to do business in the State of Arkansas; and
(2)
Conditioned that the contractor shall:
(A)
Perform his or her obligations under the construction contract, public construction contract, or real estate contract; and
(B)
Pay all amounts owed for labor and materials furnished or performed under the construction contract, public construction contract, or real estate construction contract.
Amended by Act 2021, No. 986,§ 5, eff. 7/28/2021.
Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-507 - Filing

(a)
The contractor shall file the payment bond with the circuit clerk of the county in which the construction work is to take place before the commencement of the construction work required under the construction contract, public construction contract, or real estate construction contract.
(b)
If the contractor fails to file the payment bond as required by subsection (a) of this section, the person letting the construction contract, public construction contract, or real estate construction contract is not required to pay the contractor until the contractor:
(1)
Files the payment bond; and
(2)
Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract.
Amended by Act 2021, No. 986,§ 6, eff. 7/28/2021.
Acts 1953, No. 351, § 6; A.S.A. 1947, § 51-637.
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 44 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 18-44-101 — 18-44-508) › Subchapter 5 - BONDS (§§ 18-44-501 — 18-44-508) › Section 18-44-508 - Actions - Limitations

(a)
All persons, firms, associations, and corporations who have valid claims against the payment bond or performance bond may bring an action thereon against the corporate surety.
(b)
An action shall not be brought on a payment bond after one (1) year from the date of whichever of the following occurs first, the date the:
(1)
Final payment is made on the construction contract, public construction contract, or real estate construction contract; or
(2)
Principal contractor on the payment bond ceases work on the construction contract, public construction contract, or real estate construction contract.
(c)
An action shall not be brought on a performance bond after two (2) years from whichever of the following occurs first, the date a principal contractor on the performance bond:
(1)
Receives final payment under the construction contract, public construction contract, or real estate construction contract; or
(2)
Ceases work on the construction contract, public construction contract, or real estate construction contract.
(d)
(1)
Before bringing a civil action concerning a payment bond under this subchapter, a person having no contractual relationship with the contractor furnishing the bond, express or implied, shall give written notice to the contractor and his or her surety within ninety (90) days after the last date labor was performed or the last of the material or services for which the claim is based were furnished or supplied.
(2)
Notice required by subdivision (d)(1) of this section shall:
(A)
State the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed; and
(B)
Be served:
(i)
By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or
(ii)
In any manner appropriate under the rules of civil procedure for the service of process in a civil action.
(e)
A civil action under this subchapter shall not be brought outside the State of Arkansas.
Amended by Act 2021, No. 986,§ 7, eff. 7/28/2021.
Acts 1953, No. 351, § 5; A.S.A. 1947, § 51-636.
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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-201 - Right to absolute lien

All blacksmiths, horseshoers, wheelwrights, automobile repairmen, airplane repairmen, machine shops, farm implement repairmen, automotive storagemen, firms, and corporations who perform, or have performed, work or labor for any person, firm, or corporation, who have furnished any materials or parts for the repair of any vehicle or farm implement, including tires and all other motor accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor propelling conveyances, or who store on their premises any automobile, truck, tractor, airplane, or other automotive vehicle, if unpaid, shall have an absolute lien upon the product or object of their labor, repair, or storage and upon all wagons, carriages, automobiles, trucks, tractors, airplanes, farm implements, and other articles repaired or stored and all horses or other animals shod by them, for the sums of money due for their work, labor, storage, and for materials furnished by them and used in the product, the shoeing and repairing, including the furnishing of tires and all other accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor-propelled vehicles.
Acts 1919, No. 140, § 1, p. 123; C. & M. Dig., § 6866; Pope's Dig., § 8822; Acts 1963, No. 159, § 1; 1965, No. 458, § 1; A.S.A. 1947, § 51-404.
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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-202 - Priority of lien

(a)
The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and bound for the amount thereof.
(b)
The lien provided for in this subchapter shall be subject to the perfected lien of a financial institution or vendor of automobiles, trucks, tractors, and all other motor-propelled conveyances for any claim for balance of purchase money due thereon.
(c)
The lien shall not take precedence over a bona fide purchaser for value of any automobile, truck, tractor, and other motor-propelled conveyances without either actual or constructive notice.
Acts 1919, No. 140, § 9, p. 123; C. & M. Dig., § 6874; Pope's Dig., § 8830; A.S.A. 1947, § 51-412; Acts 1999, No. 695, § 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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-203 - Right of sale

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the wagon, carriage, automobile, truck, tractor, airplane, motor-propelled conveyance, or other article repaired, or on horses or other animals shod by them, by virtue of the lien thereon for labor or materials, shall have the right to sell those items for the satisfaction of the debt for which the property is held.
Acts 1919, No. 140, § 2, p. 123; C. & M. Dig., § 6867; Pope's Dig., § 8823; Acts 1963, No. 159, § 2; A.S.A. 1947, § 51-405.
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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-204 - Procedure for sale of property possessed by lienholder

(a)
(1)
The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (c) of this section.
(2)
(A)
If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to:
(i)
Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and
(ii)
Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor.
(B)
The written notice of the proposed sale under subdivision (a)(2)(A) of this section shall:
(i)
Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under §
18-45-205
, and shall be signed by the lienholder; and
(ii)
Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.
(b)
(1)
At the sale, which shall be at public auction for cash to the highest and best bidder, the lienholder shall have the right to bid not less than the amount of his or her debt.
(2)
In case the property sells for more than the amount of the debt, the lienholder shall pay over the surplus on demand to the person entitled thereto after deducting the amount of his or her debt and the actual cost of the sale.
(c)
It shall be the duty of the lienholder, besides giving notice as required in subsection (a) of this section, to make demand for the debt before making the sale by certified letter addressed to the last known residence or post office address of the debtor.
(d)
In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith with the debtor and shall be responsible for any abuse of the power and authority vested in him or her by the provisions of this subchapter.
(e)
The provisions of §
27-50-1101
shall govern sales of vehicles subject to the registration laws of this state.
Amended by Act 2023, No. 388,§ 2, eff. 8/1/2023.
Acts 1919, No. 140, §§ 3, 4, p. 123; C. & M. Dig., §§ 6868, 6869; Pope's Dig., §§ 8824, 8825; A.S.A. 1947, §§ 51-406, 51-407; Acts 1997, No. 841, § 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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-205 - Filing of notice and bond required

(a)
The lienholder shall file with the circuit clerk in the county in which the lienholder is situated a notice under §
18-45-204
to be posted.
(b)
(1)
The lienholder shall:
(A)
Determine the fair market value of the property to be sold; and
(B)
File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.
(2)
The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided by this subchapter, the surety shall pay to the debtor:
(A)
Damages of up to the amount of the bond;
(B)
Court costs; and
(C)
Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property.
Amended by Act 2023, No. 388,§ 3, eff. 8/1/2023.
Amended by Act 2017, No. 757,§ 7, eff. 8/1/2017.
Amended by Act 2017, No. 299,§ 3, eff. 8/1/2017.
Acts 1919, No. 140, § 5, p. 123; C. & M. Dig., § 6870; Pope's Dig., § 8826; A.S.A. 1947, § 51-408.
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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-206 - Filing of lien when lienholder parts with possession

(a)
(1)
If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within one hundred twenty (120) days after the work or labor is done or performed or materials furnished.
(2)
This may be done by filing with the clerk of the circuit court of the county in which the debtor resides, or, if the debtor is a nonresident of this state, then with the clerk of the circuit court of the county in which the property is located at the time of the filing, a just and true itemized account for the demand due, after allowing all credits, containing a description of the property to be charged with the lien and verified by the affidavit of the lienholder.
(b)
The time set out in this section for filing liens shall apply only to motor-propelled vehicles and shall not affect the time for filing liens in other cases as now provided by law.
(c)
The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes of mortgages and deeds of trust of personal property, for which he or she shall charge a fee of twenty-five cents (25¢), to be paid by the person filing the account.
Acts 1919, No. 140, §§ 6, 7, p. 123; C. & M. Dig., §§ 6871, 6872; Pope's Dig., §§ 8827, 8828; Acts 1961, No. 462, § 1; 1963, No. 112, § 1; A.S.A. 1947, §§ 51-409, 51-410.
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 45 - ARTISAN'S AND REPAIRMEN'S LIENS (§§ 18-45-101 — 18-45-405) › Subchapter 2 - BLACKSMITHS, VEHICLE REPAIRMEN, ETC (§§ 18-45-201 — 18-45-207) › Section 18-45-207 - Suits to enforce liens - Attachment

(a)
Liens accruing under this subchapter may be enforced at any time within eighteen (18) months after the accounts are filed by suits in the circuit or district court.
(b)
(1)
If the lienholder has parted with possession of any property upon which he or she claims a lien under the provisions of §
18-45-201
, he or she may, at the time of institution of his or her suit, have a specific attachment of the property upon which he or she claims the lien by praying for it in his or her complaint and by providing bond in the manner and amount as otherwise provided by law for attachment.
(2)
The establishment of a valid lien at the hearing of the cause shall be grounds for sustaining the attachment.
Acts 1919, No. 140, § 8, p. 123; C. & M. Dig., § 6873; Acts 1923, No. 252, § 1; Pope's Dig., § 8829; Acts 1951, No. 271, § 1; 1953, No. 77, § 1; A.S.A. 1947, § 51-411; Acts 2003, No. 1185, § 253.