2006 Delaware Code - CHAPTER 41 — LIEN OF OWNER OF THRESHING MACHINE, CORN PICKER OR HAY BALER

§ 4101. Priority of lien.

The owner of a threshing machine, corn picker or hay baler shall have first lien upon any wheat, corn, hay or other grain threshed, picked or baled by him with the threshing machine, corn picker or hay baler to the full amount of his claim or bill for threshing, picking or baling the same. If any chattel mortgage or other lien or claim of any kind whatsoever is placed upon any such wheat, corn, hay or other grain, either before or after the same is threshed, picked or baled, such chattel mortgage or other lien or claim shall always be subject to such claim for threshing, picking or baling; and, in case of the sale of any such wheat, corn, hay or other grain, upon any claim whatsoever, the claim for threshing, picking or baling the same shall be paid out of the proceeds of any such sale before any part of such proceeds of such sale is applied to any other claim. (35 Del. Laws, c. 184, § 1; Code 1935, § 3352; 47 Del. Laws, c. 350; 25 Del. C. 1953, § 4101.)

§ 4102. Removal of grain under lien.

No person shall take, remove or carry away from the premises where it is threshed any wheat, corn, hay or other grain upon which there is a lien of any kind without the written consent of the person having such lien or without first paying in full the claim or bill of the person having such lien. (35 Del. Laws, c. 184, § 2; Code 1935, § 3353; 25 Del. C. 1953, § 4102.)

§ 4103. Penalties.

(a) Whoever violates this chapter shall be fined not less than $10 nor more than $100 for each offense.

(b) Justices of the peace shall have jurisdiction of offenses under this section. (35 Del. Laws, c. 184, § 3; Code 1935, § 3354; 25 Del. C. 1953, § 4103.)

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