Page:United States Statutes at Large Volume 31.djvu/593

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 541 same to be subject to a lien, as herein provided, without the express consent of the person entitled to such hen, shall be liable to the lien holder for damages to the amount secured by his lien, which sum may be recovered by an action against such person, firm, or corporation without bringing the suit as provided for in section three hundred and two of this code: Provided, In all such actions the principal debtor bjgyggwlddgbgf ty shall be made a codefendant.°° ° °" an ' CHAPTER Tnmrr. or UNcLAmED Pnormrrr. Sec. Sec. _ 296. Consignee or depositary to enter \ 303. Return of marshal, and fees. receipt of property in book. 304. Commissioner to pay charges; bal- 297. When bailee to notify owner- of anceto clerk of court. receipt of property. 305. Clerk to make entry. 298. When bailee may sell property. 306. Owner may claim and receive de-. 299. Notice of sale, when to be given osit from clerk within live years. personally to owner. 307. Itp roceeds not claimed. · 300. Proceeding when property not 308. Sale of decaying and perishable claimed. roperty. 301. Inventory and order of sale. 309. Fges of commissioner and marshal. 302. Sale by marshal, notice of. Sec. 296. Whenever any personal property shall be consigned to or it¤<>¤¤¤s¤<>¢ ¤r demdeposited with any forwarding merchant, wharf, warehouse, or tavern siigidiedgtirl wi$°§1°ilPt keeper, or the keeper of any depot for the reception and storage of trunks, baggage, merchandise, or other persona property, such consignee or bailee shall immediately cause to be entered in a book kept lg bin; a description of 4 such property, with the date of reception ereo . ` Sec. 297. If such property shall not have been left with such con- when Wlee <¤¤¤· signee or bailee for the purpose of. being forwarded, disposed of, or M apt kept according to directions received by such consignee or bailee at . or before the time of the reception thereof, and if the name and resi- `" dence of the owner of such property be known to the person having such property in his possession, e shall immediately notify the owner., by letter directed to im and deposited in the post-oflice, of the reception of such property. i ` Sec. 298. f any such property shall not be claimed and taken away phen gtailee may within one year after the time it shall have been so received, the Her- S° p”°p° y' son having possession thereof may, at any time thereafter, procee to sell the same in the manner provided in this chapter. _ Sec. 299. Before any such property shall be sold, if the name and ,,,"{’,}‘,’°§,‘$,{,$,“";;,,‘§,‘},‘§,‘} , residence of the owner thereof be known, at least sixty da s’ notice any *0 <>W¤¤r· of such sale shall be given him, either personally or bfy leaving a notice at his residence or place of doing business; but if the name and residence of the owner be not known, or if service can not be made as above provided, the igarson having the possession of such property shall cause a notice to e fpublishe , containing a description of the . property, for the space o six weeks successively in a newspaper if there be one published in the same precinct; if there be no newspape1· published in the same precinct, then the notice shall be published in a newspa r nearest thereto in the district; the last publication of such notice sxll be at least eighteen days previous to the time of sale. Sec. 300. If the owner or person entitled to such property shall pr§P*g§;§1*ggdy,§¤gg not take the same away and pay the charges thereon within sixty days ` from the first publication or service of notice as above provided, it shall be the duty of the person having possession thereo , his agent or attorney, to make and deliver to the commissioner of the same precinct an aflidavit setting forth a-description of the property remain-