Page:United States Statutes at Large Volume 76A.djvu/259

This page needs to be proofread.

–163–

-163enumerates other charges for which a lien is claimed. In such a case there shall be a lien for the charges enumerated as far as they are within the provisions of section 1800 of this title, although the amount of the charges so enumerated is not stated in the receipt. § 1804. Warehouseman need not deliver until lien is satisfied A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied. § 1805. Warehouseman's lien does not preclude other remedies Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay. § 1806. Satisfaction of lien by sale A warehouseman's lien for a claim which has become due may be satistied as follows: The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the warehouseman to claim an interest in the goods. The notice shall be given by delivery in person or by registered or certified mail addressed to the last known place of business or abode of the person to be notified. The notice shall contain: (1) an itemized statement of the warehouseman's claim, showing the sum due at the time of the notice and the date or dates when it became due; (2) a brief description of the goods against which the lien exists; (3) a demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and (4) a statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place or by advertising for sealed bids. I n accordance with the terms of a notice so given, a sale of the goods by auction or by acceptance of a bid may be had to satisfy any valid claim of the warehouseman for which he has a lien on the goods. If the sale is by auction, it shall be had in the place where the lien was acquired, or, i i such a place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper having general circulation in the Canal Zone. The sale shall be held not less than 16 days from the time of the first publication. From the proceeds of the sale the warehouseman shall satisfy his lien, including the reasonable charges of notice and sale. The balance, if any, of the proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods. If any balance is not claimed by the rightful owner within one month from the day of the sale, it shall be paid to the Canal Zone Government; and if it is not claimed by the owner thereof or his legal representatives within