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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 of deeds shall expire and become void and of no effect if suit is not brought to foreclose the same within twelve months after the date of such service by such stallion or jack.
$ 3. It shall be the duty of the recorder of deeds, 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 chattel mortgages.
§ 4. The original, or copy of such claim for lien filed as aforesaid certified by the recorder of deeds, 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 of deeds thereon.
§ 5. The person claiming such lien may commence suit to foreclose the same by summons in the usual form before any Justice of the Peace of the county or before any municipal court of the city in which the animal or animals described in his claim for lien may be found. Such suit shall be against the person or persons liable for the payment of the service fee of claimant's stallion or jack.
§ 6. If such 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 summons in which there is a personal service of process and judgment shall be rendered in such suit in like manner.
§ 7. If the officer returns such summons showing that a defendant or defendants cannot be found in his 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 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.
$ 8. If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect as upon judgments rendered in suits 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 execution, but may be sold to satisfy such execution in the manner hereinafter provided.
$ 9. In all suits prosecuted under the provisions of this Act, the court, jury, or Justice of the Peace, 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 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, jury, or Justice of the Peace shall find the amount due the plaintiff is not a lien upon the property described in the plaintiff's claim for lien, the plaintiff shall not be non-suited thereby if personal service of summons has been had upon the defendant, but 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, jurors, or justices, 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 of deeds for filing his claim for lien shall be taxed as part of the costs of the suit.
8 10. When the said lien shall be duly perfected as above provided, the mare or jennet or progeny thereof, or both, as above provided, shall be sold under execution to satisfy said lien as follows: The Justice of the Peace or court shall, at the time of rendering judgment in the suit tried before him and on the day of trial, enter upon his docket an order designating the time and place at which such animal or animals, shall be sold under the execution. All such sales shall be for cash, at public sale, to the highest bidder and shall take place not less than three nor more than five days after the entry of the order of sale and shall be made by a constable of the county or by a bailiff of the Municipal Court of the city 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 three 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 forth with file with the Justice of the Peace or court in whose court 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 constable's and bailiff's fees, all court costs taxed in the suit, the amount of the judgment recovered by the plaintiff or claimant and the surplus, if any, he shall pay to the defendant in the suit or to his legal representative.
§ 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 thirty days from the day of sale by paying to the plaintiff, officer making the sale, or to the judge or justice upon whose docket the same was entered, the amount of the judgment with interest at the rate of five per cent 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.
APPROVED June 21, 1917.
REGULATING PUBLIC SERVICE OF STALLIONS AND JACKS.
§ 1. Stallion or jack for public service 8 7. Fees--renewals-transfers duplito be registered-license.
cate certificates. 2. What necessary to obtain license 8. Date of expiration of license-recertificate when license denied.
newal fee-when stallion or jack
entitled to permanent certificate. 3. What unsoundnesses shall disqual
ify stallion or jack from public $ 9. Department shall take cognizance service.
of complaint reporting unsound
ness and investigate fraud-re4. Department shall keep records of
vocation of license. all stallions or jacks enrolled.
§ 10. Penalty. 5. Owner to keep copies of license
certificate-forms of advertise $ 11. Fees and fines to be turned into ment.
State treasury. 6. Pure-bred license shall be issued $ 12. Annual report.
to what stallion or jack-grade
$ 13. Repeal. (SENATE BILL No. 413. APPROVED JUNE 21, 1917.) An Act to regulate the public service of stallions and jacks in Illinois.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every person, firm, company or corporation standing or offering any stallion or jack for public service in this State shall cause the name, description and age, and in the case of a pure-bred animal the pedigree, of such staliion or jack to be enrolled by the Department of Agriculture, and secure a license from said department as provided in section two (2) of this Act.
§ 2. In order to obtain the license certificate herein provided for, the owner or owners of each stallion or jack shall forward an application and the fee to the Department of Agriculture, together with an affidavit executed by said owner or owners individually or by a graduate veterinarian acceptable to the Department of Agriculture to the effect that such stallion or jack is free from hereditary, infectious or contagious disease or unsoundness, or in the event of said stallion or jack being unsound, the nature and extent of said unsoundness shall be specified in the application, a notation of which shall be embodied in the certificate of license issued, as follows: Amourosis [amaurosis), bog spavin, side bone, navicular disease, curb, chorea, string halt or roaring.
The owner of any pure-bred stallion or jack making application for license, shall furnish to the Department of Agriculture at the time the application for license is made, the stud book certificate of registry of said stallion or jack, and also all transfers, together with all other papers necessary to establish the breeding and ownership. Upon verification of pedigree, certificate of breeding, transfers of ownership and affidavit of soundness as provided for in this Act, a license certificate shall be issued to the owner making application for same. The refusal or failure to forward papers showing breeding and ownership as provided for in this section, shall be taken as evidence of their non-existence, and in all such cases, licenses as pure-bred animals shall be denied.
§ 3. The presence of any one of the following named unsoundnesses shall disqualify a stallion or jack for public service : periodic ophthalmia (moonblindness); bone spavin; bog spavin; ring bone; curb, when accompanied by curby formation of the hock; or any contagious or infectious disease.
§ 4. The Department of Agriculture shall make and keep records of all stallions or jacks enrolled in the State of Illinois, said stallions and jacks to be licensed as “pure-bred,” or “grade,” according as the facts may have been determined. Upon making the enrollment of said stallion or jack, the Department of Agriculture shall issue a license certificate as above provided.
§ 5. The owner of any stallion or jack used for public service in this State shall post and keep affixed during the entire breeding season or seasons, a copy of the license certificate of such stallion or jack, and affidavit of soundness, issued under the provisions of this Act, in a conspicuous place upon the stall door or in the enclosure leading to said stall of every stable or building where said stallion or jack is used for public service. Said copies shall be printed in bold face type not smaller than great primer[.]
Each bill, poster, newspaper advertisement or any other form of advertisement shall have as a heading for such bill, poster and advertisement the class of license issued for said stallion or jack and the number of his license: Thus, “Pure-bred License No...
.” “Grade License No.....
as the case may be. In all advertisements published within the county in which the horse is owned this heading shall be set in the largest and boldest type used in the advertisement, and all unsoundness listed in the license certificate shall be so stated in said advertisement.
8 6. A pure-bred license certificate shall be issued for a stallion or jack whose pedigree is registered in a stud book recognized by the United States Department of Agriculture, Washington, D. C., in B. A. I. Order 175, dated November 25, 1910, or the pedigree of which is registered in the stud book of one of the following named associations, societies, clubs or corporations: American Association of Importers and Breeders of Belgian Draft Horses; American Breeders' Association of Jacks and Jennets; The American Breeders and Importers' Percheron Registry Company; American Clydesdale Association; American Hackney Horse Society; American Morgan Registry Association; American Saddle Horse Breeders' Association; American Shetland Pony Club; American Shire Horse Association; American Suffolk Horse Association; American Trotting Register Association; Arabian Horse Club of America; Cleveland Bay Society of America; French Coach Horse Society of America; German, Hanoverian and Oldenburg Coach Horse Association of America ; Standard Jack and Jennet Registry Association of America; The Jockey Club; National French Draft Horse Association of America; Percheron Society of America; Welsh Pony and Cob Society of America.
A grade license certificate shall be issued for a stallion or jack whose pedigree is not registered in one of the above named associations, societies, clubs or corporations.
The license certificates issued by the Department of Agriculture shall be in such form or forms as prescribed and designated by the department, to show the true breeding and condition of soundness of the stallion or jack enrolled.
§ 7. A fee of two ($2.00) dollars shall be paid to the Department of Agriculture at the time application is made for enrollment and license, which application shall include the affidavit of soundness of the animal. This fee shall be in full payment for the examination of the pedigrees in cases of pure-bred animals; the enrollment of the name, description and ownership of each stallion or jack as "pure-bred,” or "grade”; and the issuance of a license certificate in accordance with the breeding of the stallion or jack.
Renewal license certificates shall be issued annually, application for which shall be made between the first day of January and the first day of March of each year upon the filing of the original or last renewal license certificate together with an affidavit of soundness with the department and the payment of a renewal fee, which shall be one ($1.00) dollar.
Upon a transfer of ownership of any stallion or jack enrolled under the provisions of this Act, the license certificate may be transferred to the owner by the Department of Agriculture, upon submittal of satisfactory proof of such transfer of ownership and upon the payment of a fee of. fifty cents.
Duplicate license certificates shall be issued only upon receipt of affidavit of owner or agent showing satisfactory proof of the loss or destruction of the original license certificate or renewal thereof and upon the payment of a fee of one ($1.00) dollar for duplicate original license certificate or a fee of fifty cents for a duplicate renewal license certificate.
§ 8. Each license issued by the Department of Agriculture shall expire on December 31 of the year in which it is issued, but each license may be renewed each year, provided the owner of said stallion or jack make application for renewal before March 1 following the date of expiration, and forward with such application for renewal a fee of one ($1.00) dollar for each renewal, and submit satisfactory evidence establishing the identity of the animal for which renewal of license is requested. Each renewal shall expire on December 31 of the year for which it is renewed. Failure to apply for license renewal, as herein provided, before March 1 following the date of expiration, shall forfeit the right of renewal and when such right has been forfeited, the owner of such stallion shall procure a new license as provided in section 2.
Any stallion or jack six years old or over having successfully passed examination for soundness as provided in this law for three (3) consecutive years shall be entitled to a permanent State certificate of soundness. The last examination must have been made by a veterinarian approved by the Illinois Department of Agriculture, said examination to have been made within the year in which permanent certificate is granted: Provided, however, that the said permanent certificate must be returned each year prior to March 1 to the Commissioner of Agri