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Session Laws, 1975
Volume 716, Page 645   View pdf image
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MARVIN MANDEL, Governor

645

AND

(4) OTHER PROPER MAINTENANCE EXPENSES.

(B)   SALE OF LIVESTOCK.

IF THE CHARGES WHICH GIVE RISE TO THE LIEN ARE DOE
AND UNPAID FOR 30 DAYS AND THE LIENOR IS IN POSSESION OF
THE LIVESTOCK, THE LIENOR MAY SELL THE LIVESTOCK TO WHICH
THE LIEN ATTACHES AT PUBLIC SALE.

(C)   NOTICE OF SALE.

(1)    THE LIENOR SHALL PUBLISH NOTICE OF THE
SALE ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN ONE OR MORE
NEWSPAPERS OF GENERAL CIRCULATION IN THE COUNTY WHERE THE
LIVESTOCK IS LOCATED.

(2)   IN ADDITION, THE LIENOR SHALL SEND NOTICE
BY REGISTERED OR CERTIFIED SAIL AT LEAST 30 DAYS BEFORE
THE SALE TO THE OWNER OF THE LIVESTOCK AT HIS LAST KNOWN
ADDRESS. IF THE OWNER'S ADDRESS IS UNKNOWN, THE NOTICE
MAY BE GIVEN BY POSTING IT ON THE DOOR OF THE COURTHOUSE
OF THE COUNTY WHERE THE LIVESTOCK IS LOCATED.

(D)   APPLICATION OF PROCEEDS.

(1)     THE PROCEEDS OF THE SALE SHALL BE
APPLIED, IN THE FOLLOWING ORDER, TO:

(i) THE EXPENSES OF THE SALE; AND

(ii) THE AMOUNT OF THE LIEN CLAIM.

(2)   AFTER APPLICATION OF THE PROCEEDS IN
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION, ANY
REMAINING BALANCE SHALL BE PAID TO THE OWNER OF THE
LIVESTOCK.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 63, §51.

Subsection (c) (1) of this section has been
clarified to specify where the published
notice is to be made, conforming this
provision with similar requirements elsewhere
in this title.

In subsection (c) (2) of this section, a
reference to "certified" mail is added for
purposes of clarity. This is in accord with
Art. 1, §20 of the Code which generally
permits the use of either registered or
certified mail as alternates to each other.

 

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Session Laws, 1975
Volume 716, Page 645   View pdf image
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