418 AETICLB 14A.
An. Code, sec. 33. 1910, ch. 406, sec. 33 (p. 52).
33. A warehouseman's lien for a claim which has become due may be
satisfied as follows.
The warehouseman shall give a written notice to the person on whose
account the goods are held, and to any other person known-by the ware-
houseman to claim an interest in the goods. Such notice shall be given by
delivery in person or by registered letter, addressed to the last known place
of business or abode of the person to be notified. The notice shall contain:
(a) An itemized statement of the warehouseman's claim, showing the
sum due at the time of the notice and the date or dates when it became due;
(b) A brief description of the goods against which the lien exists;
(c) A demand that the amount of the claim as stated in the notice, and
of such further claim as shall accrue, shall be paid on or before a day men-
tioned, not less than ten days from the delivery of the notice, if it is per-
sonally delivered, or from the time when the notice should reach its
destination, according to the due course of post, if the notice is sent by
mail; and
(d) A statement that unless the claim is paid within the time specified
the goods will be advertised for sale and sold by auction at a specified time
and place.
In accordance with the terms of a notice so given, a sale of the goods
by auction may be had to satisfy any valid claim of the warehouseman
for which he has a lien on the goods. The sale shall be had in the place
Where the lien was acquired, or, if such place is manifestly unsuitable
for the purpose, at the nearest suitable place. After the time for the pay-
ment of the claim specified in the notice to the depositor has elapsed, an
advertisement of the sale, describing the goods to be sold and stating the
name of the owner or person on whose account the goods are held, and the
time and place of the sale, shall be published once a week for two consecu-
tive weeks in a newspaper published in the place where such sale is to be
held. The sale shall not be held less than fifteen days from the time of the
first publication. If there is no newspaper published in such place, the
advertisement shall be posted at least ten days before such sale in not less
than six conspicuous places therein.
From the proceeds of such sale the warehouseman shall satisfy his lien,
including the reasonable charges of notice, advertisement and sale. The
balance, if any, of such proceeds shall be held by the warehouseman and
delivered on demand to the person to whom he would have been bound to
deliver or justified in delivering the goods.
At any time before the goods are so sold any person claiming a right of
property or possession therein may pay the warehouseman the amount
necessary to satisfy his lien and to pay the reasonable expenses and liabili-
ties incurred in serving notices and advertising and preparing for the sale
up to the time of such payment. The warehouseman shall deliver the goods
to the person making such payment if he is a person entitled tinder the
provisions of sections 1 to 60, to the possession of the goods on payment
of charges thereon. Otherwise, the warehouseman shall retain possession
of the goods according to the terms of the original contract of deposit.
|