Legislation
SECTION 187
Liens of truckmen and draymen
Lien (LIE) CHAPTER 33, ARTICLE 8
§ 187. Liens of truckmen and draymen. 1. Every person, firm or
corporation engaged in carting or trucking property shall have a lien
upon such property and may retain such portion of the property in his
possession as will insure to the said truckman or drayman, at the sale
of such property in the manner hereinafter provided, a fair and
reasonable compensation for the material and labor furnished, including
any moneys advanced by such bailee for hire in connection with such
work. Such truckman or drayman shall have such lien and may retain such
property only as provided in paragraph two of this section.
2. If such amount remains unpaid for thirty days after demand, such
bailee for hire may upon fifteen days' notice in writing to the owner,
specifying the amount due and informing him that the payment of such
amount within fifteen days will entitle him to redeem such property, and
if such property is not redeemed, such bailee may sell such property at
public sale to satisfy the account, including any expense for storage,
insurance, or otherwise incurred for the protection or preservation of
such property. The proceeds of the sale after paying the expenses
thereof shall be applied in liquidation of the indebtedness secured by
such lien, and the balance, if any, shall be paid over to the owner.
Such notice shall be served by registered mail directed to the owner's
last known postoffice address and by posting in three public places in
the town, village or city where the property is located. Nothing herein
contained shall preclude the remedy of enforcing such a lien by action
as provided in article nine of this chapter.
corporation engaged in carting or trucking property shall have a lien
upon such property and may retain such portion of the property in his
possession as will insure to the said truckman or drayman, at the sale
of such property in the manner hereinafter provided, a fair and
reasonable compensation for the material and labor furnished, including
any moneys advanced by such bailee for hire in connection with such
work. Such truckman or drayman shall have such lien and may retain such
property only as provided in paragraph two of this section.
2. If such amount remains unpaid for thirty days after demand, such
bailee for hire may upon fifteen days' notice in writing to the owner,
specifying the amount due and informing him that the payment of such
amount within fifteen days will entitle him to redeem such property, and
if such property is not redeemed, such bailee may sell such property at
public sale to satisfy the account, including any expense for storage,
insurance, or otherwise incurred for the protection or preservation of
such property. The proceeds of the sale after paying the expenses
thereof shall be applied in liquidation of the indebtedness secured by
such lien, and the balance, if any, shall be paid over to the owner.
Such notice shall be served by registered mail directed to the owner's
last known postoffice address and by posting in three public places in
the town, village or city where the property is located. Nothing herein
contained shall preclude the remedy of enforcing such a lien by action
as provided in article nine of this chapter.