firm or corporation who, as a commission merchant, carrier, wharfinger
or storage warehouseman, shall make advances for freight,
transportation, wharfage or storage upon the personal property of
another, or shall carry or store such personal property, shall have a
lien thereon, so long as the same remains in his possession, for the
charges for advances, freight, transportation, wharfage or storage, and
it shall be lawful for such person, firm or corporation to cause such
property to be sold as is herein in this chapter provided.
perishable property Sale of.
If said property
consists of livestock, the maintenance of which at the place where kept
is wasteful and expensive in proportion to the value of the animals, or
consists of perishable property liable, if kept, to destruction, waste
or great depreciation, the person, firm or corporation having such lien
may sell the same upon giving ten days' notice.
Sale of other
property upon which such charges may be unpaid, due, and a lien after
the same shall have remained in store uncalled for, for a period of
thirty days after such charges shall have become due, may be sold by the
person or persons having a lien for the payment of such charges upon
giving ten days' notice: PROVIDED, That where the property can be
conveniently divided into separate lots or parcels, no more lots or
parcels shall be sold than shall be sufficient to pay the charges due on
the day of sale, and the expenses of the sale.
arising from sales made under the provisions of this chapter shall first
be applied to the payment of the costs and expenses of the sale, and
then to the payment of the lawful charges of the person or persons
having a lien thereon for advances, freight, transportation, wharfage or
storage, for whose benefit the sale shall [have] been made; the surplus,
if any, shall be retained subject to the future lawful charge of the
person or persons for whose benefit the sale was made, upon the property
of the same owner still remaining in store uncalled for, if any there
be, and to the demand of the owner of the property, who shall have paid
such charges or otherwise satisfied such lien, and all moneys remaining
uncalled for, for the period of three months, shall be paid to the
county treasurer, and shall remain in his hands a special fund for the
benefit of the lawful claimant thereof.
Nothing in this
chapter contained shall be so construed as to alter or affect the terms
of any special contract in writing, made by the parties as to the
advances, affreightment, wharfage or storage; but when any such special
contract shall have been made, its terms shall govern irrespective of
required under this chapter shall be given as is or may be by law
provided in cases of sales of personal property upon execution.
Notice of sale
Before the sale
of personal property under execution, order of sale or decree, notice
thereof shall be given as follows:
(1) The judgment creditor shall, not less than thirty days prior to the
day of sale, cause a copy of the notice of sale to be transmitted both
by regular mail and by certified mail, return receipt requested, to the
judgment debtor at the debtor's last known address, and by regular mail
to the attorney of record for the judgment debtor, if any. The judgment
creditor shall file an affidavit with the court showing compliance with
the requirements of this subsection.
(2) The sheriff shall post typed or printed notice of the time and place
of the sale in three public places in the county in which the sale is to
take place, for a period of not less than four weeks prior to the day of