2023 Illinois Compiled Statutes › Chapter 770 - LIENS › 770 ILCS 100/ - Stallion and Jack Service Lien Act.

(770 ILCS 100/0.01) (from Ch. 8, par. 50.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Stallion and Jack Service Lien Act.
(Source: P.A. 86-1324.)
(770 ILCS 100/1) (from Ch. 8, par. 51)
Sec. 1. 
		
		Every owner of any
stallion or jack kept for public service, who, at the request of the
owner of any mare or jennet, or his authorized agent, shall cause such
mare or jennet to be served by his stallion or jack, shall have a lien
on the mare or jennet served and first lien upon the progeny of such
mare or jennet for the service fee of such stallion or jack and each
lien conferred by this Act shall take precedence of all other liens or
claims thereon not duly recorded prior to recording claim of lien as
hereinafter provided.
(Source: P.A. 81-935.)
(770 ILCS 100/2) (from Ch. 8, par. 52)
Sec. 2. 
		
		Any owner of a stallion or jack desiring to secure
the benefits of this Act shall, within 24 months after any
mare or jennet has been served by his stallion or jack, file with the
recorder of deeds in the county in which such mare or jennet is, a claim
for lien in writing and under oath, setting forth therein his intention
to claim a lien upon such mare or jennet or progeny thereof, or both,
for the service fee of his stallion or jack.
Such claim for lien shall state the name and residence of the person
claiming the lien, the name of the owner or reputed owner of the mare or
jennet or progeny thereof, or both, sought to be charged with the lien,
and a description of such animal or animals sufficient for
identification upon which the lien is claimed, and the amount due the
claimant for the service fee of his stallion or jack.
The claim for lien filed with the recorder shall expire and
become void and of no effect if an action is not brought to foreclose the
same within 30 months after the date of such service by such
stallion or jack.
(Source: P.A. 83-358.)
(770 ILCS 100/3) (from Ch. 8, par. 53)
Sec. 3. 
		
		It shall be the duty of the recorder, upon
presentation to him of any such claim for lien, together with the
recording fee, to file the same in his office in the same manner as
provided by law for the filing and recording of deeds or other instruments
in writing.
(Source: P.A. 83-358.)
(770 ILCS 100/4) (from Ch. 8, par. 54)
Sec. 4. 
		
		The original, or copy of such claim for lien filed as aforesaid
certified by the recorder, shall be received in evidence in any
proceeding taken to foreclose the lien herein provided for, of the fact
that such claim for lien was received and filed according to the
endorsement of the recorder thereon.
(Source: P.A. 83-358.)
(770 ILCS 100/5) (from Ch. 8, par. 55)
Sec. 5. 
		
		The person claiming such lien may commence an action to foreclose
the lien by the filing of a complaint in the circuit court of the county
in which the
animal or animals described in his claim for lien may be found. Such action
shall be against the person or persons who is or are liable for the payment of the
service fee of claimant's stallion or jack.
(Source: P.A. 83-346.)
(770 ILCS 100/6) (from Ch. 8, par. 56)
Sec. 6. 
		
		If the summons be returned personally served upon the defendant or
defendants, the same proceeding shall thereupon be had in all respects as
in other suits commenced by complaint in which there is
a personal service of
process and judgment shall be rendered in such action as in other civil
cases.
(Source: P.A. 83-346.)
(770 ILCS 100/7) (from Ch. 8, par. 57)
Sec. 7. 
		
		If the officer returns such summons showing that a defendant or
defendants cannot be found in that county, the same proceedings shall
thereupon be had in all respects as to the defendant or defendants not
personally served, as near as may be, as in actions commenced
by attachment
in which there is not a personal service of process upon the defendant and
judgment shall be rendered in such action in like manner.
(Source: P.A. 83-346.)
(770 ILCS 100/8) (from Ch. 8, par. 58)
Sec. 8. 
		
		If judgment in such action is
entered in favor of the plaintiff,
enforcement of the judgment may be had in the same manner and
with the like effect as upon judgments
entered in actions commenced by attachment and the mare or
jennet or progeny
thereof, or both, upon which the plaintiff holds such lien shall not be
exempt from enforcement but may be sold to satisfy such
judgment in the
manner hereinafter provided.
(Source: P.A. 84-546.)
(770 ILCS 100/9) (from Ch. 8, par. 59)
Sec. 9. 
		
		In all actions prosecuted under the provisions of this Act, the
court or jury who shall try the same, or make an assessment of damages
therein, shall in addition to finding the sum due the plaintiff, also
find that the same is due for the service fee of plaintiff's stallion or
jack and is a lien on the mare or jennet or progeny thereof, or both, as
described in plaintiff's claim for lien: Provided, however, that if the
court or jury shall find the amount due the plaintiff is not a lien upon
the property described in the plaintiff's claim for lien, the plaintiff's action
shall not be dismissed thereby if personal
service of summons has been
had upon the defendant, but the plaintiff shall be entitled to judgment as in other
civil actions; and in those cases where the amount due is found to be a
lien upon the animal or animals described in plaintiff's claim for lien,
the finding or verdict may be in the following form: "The court or
jurors, as the case may be, say that there is due to the plaintiff the
sum of .... dollars from the said defendant or defendants and that the
same is due for the service fee of plaintiff's stallion or jack, and
that the plaintiff has a lien upon said mare or jennet or progeny
thereof, or both, as described in plaintiff's claim for lien for said
amount," and in such case, the fee paid by the claimant to the recorder
for filing his claim for lien shall be taxed as part of the
costs of the action.
(Source: P.A. 83-358.)
(770 ILCS 100/10) (from Ch. 8, par. 60)
Sec. 10. 
		
		When the lien is duly perfected as above provided, the
mare or jennet or progeny thereof, or both, as above provided, shall be
sold under the judgment to satisfy the lien
as follows: The court shall, at
the time of entering judgment in the action, enter an order designating
the time and place at which such
animal or animals, will be sold under the judgment. All such sales shall
be for cash, at public sale, to the highest bidder and shall take place not
less than 3 nor more than 5 days after the entry of the order of sale and
shall be made by the sheriff of the county in which the sale takes place.
The officer making the sale shall advertise the time and place of such
sale, together with the correct description of the mare or jennet or
progeny thereof, or both, to be sold, by posting written or printed notices
of such sale at 3 of the most public places of the township, city or
village where such mare or jennet or progeny thereof, or both, is found.
The officer making such sale shall forthwith file with the court where the
judgment was entered, a written statement of the amount realized from such
sale and all proper items of expense in connection therewith and shall then
pay from the proceeds of such sale, in the order named, to the parties
entitled to receive the same, all necessary expense incurred in the keep of
such animal or animals, all sheriff's fees, all court costs taxed in the
action, the amount of the judgment recovered by the plaintiff or claimant and
the surplus, if any, he shall pay to the defendant in the action or to his
legal representatives.
(Source: P.A. 84-546.)
(770 ILCS 100/11) (from Ch. 8, par. 61)
Sec. 11. 
		
		All sales of an animal or animals under this Act shall be made
subject to redemption by the owner of such animal or animals, or his legal
representatives; such redemption to be made within 30 days from the day of
sale by paying to the plaintiff, the officer making the sale, or to the
clerk of the court, the amount of the judgment with interest at the rate of
5% and all costs and expenses taxed in the proceeding, together with the
reasonable and necessary expense or cost of the keep of such animal or
animals from the day of sale to and including the day of redemption.
(Source: Laws 1967, p. 3660.)