Every person, firm, or corporation who, as a commission merchant, carrier, wharfinger, or storage warehouse operator, 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 or her 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.
[ 2011 c 336 § 822; 1927 c 144 § 1; Code 1881 § 1980; 1863 p 421 § 11; 1860 p 288 § 11; RRS § 1191; ]
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.
[ 1927 c 144 § 2; Code 1881 § 1981; 1863 p 421 § 13; 1860 p 288 § 13; RRS § 1192; ]
All 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.
[ Code 1881 § 1982; 1863 p 421 § 12; 1860 p 288 § 12; RRS § 1193; ]
The moneys 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 or her hands a special fund for the benefit of the lawful claimant thereof.
[ 2012 c 117 § 156; Code 1881 § 1983; 1863 p 421 § 14; 1860 p 288 § 14; RRS § 1194; ]
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 this chapter.
[ Code 1881 § 1984; RRS § 1195; ]
All notices required under this chapter shall be given as is or may be by law provided in cases of sales of personal property upon execution.
[ Code 1881 § 1985; 1863 p 421 § 15; 1860 p 288 § 15; RRS § 1196; ]