THE HORSE BOOK. 283 



year after the birth thereof, which said lien shall be pre- 

 ferred to any prior lien, mortgage or incumbrance what- 

 ever; and the publication or posting shall be deemed notice 

 to any third party of the existence of such lien. 



"Any person who shall sell, convey or dispose of any 

 animal upon which there exists a lien as created in the 

 preceding section, without informing the person to whom 

 the same is sold or conveyed that such lien exists, or who 

 shall injure or destroy such animal, or aid or abet the 

 same, for the purpose of defrauding the lienor, or who 

 shall remove or conceal, or aid or abet in removing or 

 concealing such animal with intent to hinder, delay OF 

 defraud such lienor, shall be deemed guilty of a misde- 

 meanor." 



The giving of a false pedigree or falsely representing 

 the animal to be eligible to registry forfeits all claim for 

 service fee, and all benefit of the lien law. The stallioner 

 may enforce his lien by replevin. 



MONTANA. 



Every owner or agent who may have the control of any 

 stallion, who shall charge a fee for the service of such stal- 

 lion, shall, before offering or advertising such services to 

 the public for any fee, reward or compensation, file with 

 the clerk of the county in which owner or owners or 

 agents reside, or where such stallion shall be kept for 

 service, a written statement, giving the name, age, pedi- 

 gree and record if known, if not that the same is un- 

 known, description, terms and conditions upon which such 

 stallion will serve. Upon filing such statement the county 

 clerk shall issue a certificate or license to owner or own- 

 ers or agents, having custody and control of such stallion, 

 that such a statement has been filed in his office ; the owner 

 or owners or agents of such stallions shall then post a 

 written or printed notice of a copy of the statement so filed 

 with the county clerk in a conspicuous place in each local- 

 ity in which said stallion shall be kept for service. 



Every owner or agent who shall proclaim or publish a 

 false or fraudulent pedigree or record or statement of any 

 kind regarding a stallion, or who shall neglect or refuse 

 to comply with the above provisions, shall forfeit all fees 

 for the services of such stallion and the person or persons 

 who may have been deceived or defrauded by such false 

 or fraudulent pedigree or record or statement, may sue 

 and recover in any court having jurisdiction, such dam- 

 ages as may be shown to have been sustained by reason of 

 false representation and fraud. 



