Section 209. Certain sales after eighteen months  


Latest version.
  • Any keeper of a hotel,
      motel,  apartment   hotel,   inn,   boarding-house,   rooming-house   or
      lodging-house,  except  an immigrant lodging-house, whose lien for fare,
      lodging, accommodation or board upon any goods, baggage or other chattel
      property, shall not have been paid for a period of eighteen months,  may
      sell such property at public auction for cash to the highest bidder upon
      mailing  a  notice  inclosed  in  a  securely  closed  postpaid wrapper,
      directed to the person who left such property with such keeper,  at  the
      post  office  of  the  ctiy,  town  or  village where such hotel, motel,
      apartment hotel, inn, boarding-house, rooming-house or lodging-house  is
      situated,  such notice to contain a statement of the time and place when
      and where such goods, baggage or other chattel property will be sold and
      such notice shall be mailed at least fifteen days before such sale shall
      take place. Such keeper shall, out of the proceeds of such sale,  retain
      the amount of his lien and the expense of selling such property, and, if
      there  be  any  surplus, he shall, within ten days after such sale, upon
      demand, pay over such surplus to the person whose property was sold.  In
      case  such  surplus  shall not be demanded and paid as aforesaid, within
      said ten days, then within five days thereafter, such keeper  shall  pay
      such  surplus  to  the  treasurer  of the county or chamberlain or other
      chief fiscal officer of the city in which  such  sale  took  place,  and
      shall,  at the same time, file with said treasurer, chamberlain or other
      chief fiscal officer a statement in writing containing the name  of  the
      person whose property was sold, the price at which it was sold, the date
      of  such  sale and by whom sold. Such surplus shall be kept and disposed
      of in the manner provided in section  two  hundred  and  eight  of  this
      chapter.  Nothing  contained  in  this  article shall preclude any other
      remedy now existing for the enforcement and satisfaction of  a  lien  of
      the  keeper  of  a  hotel,  motel, apartment hotel, inn, boarding-house,
      rooming-house or lodging-house, except an immigrant  lodging-house,  nor
      bar  his  right  to recover for so much of the debt as shall not be paid
      through such sale.