A. Innkeepers, livery stable keepers, lessors and agistors and those who board others for pay or furnish feed, shelter or pasture for the property and stock of others shall have a lien on the property and stock of such guest or guests and lessees or of those to whom feed or shelter has been furnished until the same is paid, and shall have the right to take and retain possession of such property and stock until the indebtedness is paid.
B. It shall be unlawful for a lessee or owner to remove livestock from the leased premises, feedlot or pasture without the consent of the lessor feedlot operator or agistor unless the amount due for pasturage or feed be paid.
C. The liens provided for in this section shall not take precedence over prior filed or recorded chattel mortgages, duly filed or recorded as provided by law, unless the holder of such mortgage shall expressly so consent in writing; provided that the giving of such written consent shall not affect the rights or priority under a prior mortgage as against a subsequent mortgage but the rights, liens and priorities of all such mortgages shall be and remain the same as if no such written consent had been given.
D. An agistor shall retain his lien, notwithstanding the fact that he has relinquished possession of the livestock, if prior to relinquishment, he has filed for record with the clerk of the county in which the livestock are situate a statement declaring his intention to retain the lien and containing a description of the livestock in [on] which the lien is claimed.
E. For the purposes of this section, "agistor" means a person or entity whose primary business is to board, feed and care for livestock of others for a fee.
F. The notice which an agistor is required to file to protect his lien claim under this section shall contain the following:
(1) name of the agistor;
(2) location by general description and county of the feedlot in which the livestock are boarded;
(3) identification of livestock by quantity, owner and other identifying information to permit an identification as to which livestock the lien applies; and
(4) signature of the agistor and the date on which the notice was served.
G. Within fifteen days after the agistor releases the lien he shall file a release of lien in the manner provided for filing of termination statements under the Uniform Commercial Code [Chapter 55 NMSA 1978].
History: Laws 1851-1852, p. 243; C.L. 1865, ch. 77(2d), § 15; Laws 1884, ch. 17, § 1; C.L. 1884, § 1542; C.L. 1897, § 2239; Code 1915, § 3339; Laws 1917, ch. 65, § 1 (3337); 1923, ch. 24, § 1 (3337); C.S. 1929, § 82-405; 1941 Comp., § 63-305; 1953 Comp., § 61-3-5; Laws 1961, ch. 96, § 11-115; 1967, ch. 219, § 1; 1981, ch. 103, § 1.
ANNOTATIONSCompiler's notes. — The subject matter which was originally contained in Code 1915, 3339, bore the number 3337 in the 1917 and 1923 amendatory laws. The original Code 1915, 3337, provided that liens should be released of record upon discharge, but such provision was not carried forward in the amendatory laws.
Cross references. — For quarantine, lien for inspection of livestock, see 77-3-18 NMSA 1978.
For herd law district, trespassing, lien for damages, see 77-12-5 NMSA 1978.
Agistor's lien interpreted by common law. — Although an agistor's lien was unknown at common law, it is in the nature of a common-law lien and must be interpreted according to its principles. Bell v. Dennis, 1939-NMSC-045, 43 N.M. 350, 93 P.2d 1003.
Express consent is positive, direct, unequivocal, and such as does not require the aid of inference or implication to supply its meaning. Pac. Nat'l Agric. Credit Corp. v. Hagerman, 1936-NMSC-009, 40 N.M. 116, 55 P.2d 667.
Trailer space renter not guest. — A person renting trailer space by the week is not a guest in the sense of those seeking transient accommodations of an innkeeper. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
Dealer not included as furnishing feed to stock of others. — Lien, given by statute to one who furnishes feed and shelter for the stock of others, does not inure to a dealer in grain and feed who, in the course of his business, sells grain and feed which the stock owner feeds to his stock. Roswell Trading Co. v. Long, 1920-NMSC-080, 26 N.M. 349, 192 P. 482.
Limits of agistor's lien. — This section grants a lien to an agistor on livestock bailed to him, for the amount of feed and care provided for the cattle in his possession, but not for damages sustained by the lessor due to the breach of contract by the lessee. Citizens State Bank v. Christmas, 1988-NMSC-044, 107 N.M. 220, 755 P.2d 64.
Priority between agistor's lien, mortgage. — There must be express words of consent to give an agistor's lien precedence over a prior recorded mortgage of cattle. Pac. Nat'l Agric. Credit Corp. v. Hagerman, 1936-NMSC-009, 40 N.M. 116, 55 P.2d 667.
Agistor's lien shall not take precedence over a prior filed and recorded chattel mortgage unless the holder of the mortgage shall so consent in writing. U.S. v. Evans, 245 F.2d 681 (10th Cir. 1957).
Agistor may not claim lien upon animals removed from his possession with his knowledge, although without his consent. Bell v. Dennis, 1939-NMSC-045, 43 N.M. 350, 93 P.2d 1003.
No evidence of consent to subrogate. — Evidence failed to show express consent in writing by assignee of mortgage executed by ranching company as lessee of ranch to subrogate the mortgage lien to agistor's lien claimed by lessor-owner of the ranch. Pac. Nat'l Agric. Credit Corp. v. Hagerman, 1936-NMSC-009, 40 N.M. 116, 55 P.2d 667.
Party furnishing pasturage required to perfect lien. — Under this section, party furnishing pasturage is entitled to a lien if he complies with 48-3-13 NMSA 1978, but the lien does not become effective until the claimant has complied with the statute and perfected his claim by giving the notice provided for. 1915 Op. Att'y Gen. No. 15-1598.
Law reviews. — For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Res. J. 331 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 96.
Lien on animal damage feasant, 26 A.L.R. 1047.
3A C.J.S. Animals §§ 21, 190, 196, 206; 43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19; 3A C.J.S. Animals § 348.2.