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18-48-205. Priority of liens.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-205. Priority of liens.
(a)(1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them.
(2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter.
(b)(1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched.
(2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-48-205
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 50ed4c4e695600d5f0c59944cb6d5b794463899ca4c96aa56efd3835513ae7e8
Source location: content.xml paragraph 10402
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18-48-205. Priority of liens.
(a)(1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them.
(2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter.
(b)(1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched.
(2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance.
(c) The circuit clerk shall be entitled to fifty cents (50¢) for filing this written protest, and it shall be a legal debt of the person claiming the lien under this section even though the fifty cents (50¢) is paid in the first instance by the conditional sale vendor, mortgagee, or other holder of encumbrance.
(d) The holder of the conditional sale contract, chattel mortgage, or other encumbrance will not be bound by any extensions of time as provided for in the original contract, or for any other modifications of the contract, unless the lienholder consents in writing to it.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-203. Filing of written contracts for tending of livestock.
(a)(1) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched.
(2) If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside.
(b) The fee to the clerk for filing shall be fifty cents (50¢).
(c) The clerk shall list the liens in a separate book kept for “Agistor Liens”. It is not necessary for the clerk to record these contracts, but the clerk will retain them in his or her office.
(d) The lien shall be effective only when these provisions have been complied with and from the date when the last contract is filed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-48-203. This identifies an authority to review, not proof of applicability.