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Session Laws, 1963
Volume 671, Page 893   View pdf image (33K)
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J. MILLARD TAWES, Governor                      895

(2)  A lien for charges and expenses under subsection (1) on
goods which the carrier was required by law to receive for trans-
portation is effective against the consignor or any person entitled
to the goods unless the carrier had notice that the consignor lacked
authority to subject the goods to such charges and expenses. Any
other lien under subsection (1) is effective against the consignor
and any person who permitted the bailor to have control or possession
of the goods unless the carrier had notice that the bailor lacked such
authority.

(3)  A carrier loses his lien on any goods which he voluntarily
delivers or which he unjustifiably refuses to deliver.

7308. Enforcement of Carrier's Lien.

(1)  A carrier's lien may be enforced by public or private sale of
the goods, in bloc or in parcels, at any time or place and on any
terms which are commercially reasonable, after notifying all persons
known to claim an interest in the goods. Such notification must in-
clude a statement of the amount due, the nature of the proposed sale
and the time and place of any public sale. The fact that a better price
could have been obtained by a sale at a different time or in a different
method from that selected by the carrier is not of itself sufficient
to establish that the sale was not made in a commercially reasonable
manner. If the carrier either sells the goods in the usual manner in
any recognized market therefor or if he sells at the price current
in such market at the time of his sale or if he has otherwise sold in
conformity with commercially reasonable practices among dealers
in the type of goods sold he has sold in a commercially reasonable
manner. A sale of more goods than apparently necessary to be
offered to ensure satisfaction of the obligation is not commercially
reasonable except in cases covered by the preceding sentence.

(2)  Before any sale pursuant to this section any person claiming
a right in the goods may pay the amount necessary to satisfy the lien
and the reasonable expenses incurred under this section. In that
event the goods must not be sold, but must be retained by the carrier
subject to the terms of the bill and this Sub-title.

(3)   The carrier may buy at any public sale pursuant to this sec-
tion.

(4) A purchaser in good faith of goods sold to enforce a carrier's
lien takes the goods free of any rights of persons against whom the
lien was valid, despite non-compliance by the carrier with the require-
ments of this section.

(5)  The carrier may satisfy his lien from the proceeds of any
sale pursuant to this section but must hold the balance, if any, for
delivery on demand to any person to whom he would have been
bound to deliver the goods.

(6)  The rights provided by this section shall be in addition to all
other rights allowed by law to a creditor against his debtor.

(7)  A carrier's lien may be enforced in accordance with either
subsection (1) or the procedure set forth in subsection (2) of Section
7—210.


 

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Session Laws, 1963
Volume 671, Page 893   View pdf image (33K)
 Jump to  
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