(770 ILCS 30/0.01) (from Ch. 82, par. 200)
Sec. 0.01.
Short title.
This Act may be cited as the
Horseshoers Lien Act.
(Source: P.A. 86-1324.)
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(770 ILCS 30/1) (from Ch. 82, par. 201)
Sec. 1.
Every person who, at the request of the
owner or his authorized agent, shall shoe or cause to be shod by his
employees any horse, mule, ox or other animal shall have a lien upon the
animal shod for his reasonable charge for shoeing the same, 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; but such lien shall not attach where the property has changed
ownership prior to the filing of such lien.
(Source: P.A. 91-357, eff. 7-29-99.)
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(770 ILCS 30/2) (from Ch. 82, par. 202)
Sec. 2.
Any person desiring to secure the benefits of this Act shall within
6 months after the shoeing of such horse, mule, ox or other animal, file
with the recorder in the county in which such animal is, a claim
for lien in writing and under oath, setting forth therein his intention to
claim a lien upon such animal for his charges, for shoeing the same.
(Source: P.A. 83-358.)
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(770 ILCS 30/3) (from Ch. 82, par. 203)
Sec. 3.
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
animal sought to be charged with the lien and a description sufficient for
identification of the animal upon which the lien is claimed and the amount
due the claimant as near as may be over and above all legal setoffs. The
claim for lien filed with the recorder, under the foregoing
sections, shall expire and become void and of no effect, if an action is not
brought to foreclose the same within 3 days after filing claim
therefor.
(Source: P.A. 83-358.)
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(770 ILCS 30/4) (from Ch. 82, par. 204)
Sec. 4.
It shall be the duty of the recorder upon
presentation to him, of any such claim for lien to file the same in his
office, in the same manner as provided by law for the filing and
recording of deeds or other written instruments and he shall be entitled
to charge and receive from the person filing such claim for a lien, a like fee.
(Source: P.A. 83-358.)
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(770 ILCS 30/5) (from Ch. 82, par. 205)
Sec. 5.
The original or a 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 but only of the
fact that such claim for lien was received and filed according to the
endorsement of the recorder thereon and of no other fact.
(Source: P.A. 83-358.)
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(770 ILCS 30/6) (from Ch. 82, par. 206)
Sec. 6.
The person claiming such lien may commence suit to foreclose the same by
filing a complaint in the circuit court for the county in which the animal
shod may be found. Such suit shall be against the person liable for the
payment of the charges made by the claimant for the services rendered.
(Source: P.A. 77-967.)
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(770 ILCS 30/7) (from Ch. 82, par. 207)
Sec. 7.
If such summons be returned personally served upon the defendant, the
same proceedings shall thereupon be had in all respects as in other suits
in which there is a personal service of process, and judgment shall be
rendered in such suit in like manner.
(Source: P.A. 77-967.)
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(770 ILCS 30/8) (from Ch. 82, par. 208)
Sec. 8.
If the officer returns such summons that the defendant cannot be
found in his county, the same proceedings shall thereupon be had in all
respects as near as may be, as in suits commenced by attachment in which
there is not a personal service of process upon the defendant, and judgment
shall be rendered in such suit in like manner.
(Source: Laws 1907, p. 375.)
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(770 ILCS 30/9) (from Ch. 82, par. 209)
Sec. 9.
If the plaintiff recovers judgment in such
action, enforcement shall
be had thereon in the same manner and with the like effect as
upon judgments entered in actions commenced by attachment, and the
horse, mule, ox or other
animal 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.)
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(770 ILCS 30/10) (from Ch. 82, par. 210)
Sec. 10.
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 to the
plaintiff, also find that the same is due for the cost of shoeing the
horse, mule, ox or other animal described in plaintiff's claim for lien
and is a lien upon the same: 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, but in such case, said plaintiff shall not recover or tax
any costs other than those allowed and taxable in such case; and in
those cases where the amount due is found to be a lien upon the property
mentioned 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 $.... from the
defendant and that the same is due for his reasonable charges for
shoeing the animal mentioned in plaintiff's claim for lien and that the
plaintiff has a lien upon said animal 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 suit.
(Source: P.A. 83-358.)
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(770 ILCS 30/11) (from Ch. 82, par. 211)
Sec. 11.
When the lien is perfected as above provided, the horse, mule, ox
or other animal, as above provided, shall be sold to
satisfy the lien as follows: The court shall in the
judgment specify
the time and place at which such animal shall be sold
to satisfy 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 judgment and shall be made by a sheriff or
deputy 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 animal 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 animal is found. The officer making
such sale shall forthwith file in 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 sheriff or deputy sheriff fees, all court costs
taxed in the action, the amount of the judgment recovered by the plaintiff or
claimant and the surplus, if any, which shall be paid to
the defendant in the action
or to his or her legal representative.
(Source: P.A. 83-1362.)
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(770 ILCS 30/12) (from Ch. 82, par. 212)
Sec. 12.
All sales of animals under this act shall be made subject to
redemption by the owner of such animals of his legal representatives, such
redemption to be made by paying to the officer making the sale, or to the
court ordering the sale, the amount of the judgment and costs taxed in the
proceeding including all court and sheriffs' fees and costs of sale with 5
percent interest on the judgment from date of sale to date of redemption.
No redemption shall be made after the expiration of 90 days from the date
of sale of the animal sought to be redeemed.
(Source: Laws 1967, p. 3901.)
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