Section 68. Unclaimed freight and baggage  


Latest version.
  • Every  railroad  or  other
      transportation corporation, doing business in this  state,  which  shall
      have  unclaimed freight or baggage, not live stock or perishable, in its
      possession for the period of sixty days, may deliver  the  same  to  any
      warehouse  company,  or  person  or  persons  engaged  in  the warehouse
      business, within this state,  and  take  a  warehouse  receipt  for  the
      storage  thereof.  Upon  such  delivery  and  upon taking such warehouse
      receipt, every such railroad or other transportation  corporation  shall
      be  discharged of all liability in respect to any such unclaimed freight
      or baggage from and after such delivery. At any time  within  two  years
      after  such  delivery, such railroad or other transportation corporation
      shall surrender and transfer such warehouse receipt to the owner of  any
      such  unclaimed  freight or baggage upon demand, and upon payment of all
      charges and expenses for transportation and storage then due, if any, to
      any such railroad or other transportation corporation. In case any  such
      railroad  or  other  transportation  company  shall  have  had unclaimed
      freight or baggage, not live stock or perishable, in its possession  for
      a  period  of  one  year  and  shall  not  have  delivered the same to a
      warehouse company or person or persons engaged in the warehouse business
      as above provided, then such railroad or  other  transportation  company
      may  proceed to sell the same at public auction, and out of the proceeds
      may retain the charges of transportation, handling and storage  of  such
      unclaimed  freight  or baggage, and the expenses of advertising and sale
      thereof; but no such sale shall be made until  the  expiration  of  four
      weeks from the first publication of notice of such sale, to be published
      weekly  in a newspaper published in or nearest the town or city to which
      such unclaimed freight or baggage was consigned,  or  at  which  it  was
      directed  to be left, and also at the town or city where such sale is to
      take place; and said notice shall contain a general description of  such
      unclaimed freight or baggage, the name of the shipper thereof, if known,
      and  a  statement  of  the  consignment thereof, whether to a designated
      consignee or to order, if known, or the place at which the same  was  to
      be  left,  as  near as may be; and the expenses incurred for advertising
      shall be a lien upon such unclaimed freight  or  baggage  in  a  ratable
      proportion,  according  to the value of each article, package or parcel,
      if more than one. Such railroad or other  transportation  company  shall
      make an entry of the balance of the proceeds of the sale, if any, of the
      unclaimed  freight or baggage consigned to the same consignee or covered
      by each consignment, as near as can be  ascertained,  and  at  any  time
      within  five  years  thereafter, shall refund any surplus so retained to
      the  owner  of  such  unclaimed  freight  or   baggage,   his   personal
      representatives  or assigns, on satisfactory proof of such ownership. In
      case such balance shall not be claimed by the rightful owner within five
      years after the sale as above specified, then it shall be  paid  to  the
      county treasurer, for the use of the county poor of the county where the
      sale is made.
        Unclaimed  live stock and perishable freight or baggage may be sold by
      any such railroad or other transportation corporation without notice, as
      soon as it can be, upon the best terms that can be obtained.  All moneys
      arising from the sale of  any  such  unclaimed  live  stock,  perishable
      freight  or  baggage, after deducting therefrom all charges and expenses
      for  transportation,  storage,  keeping,  commissions  for  selling  the
      property,  and  any amount previously paid for its loss or non-delivery,
      shall be deposited by the corporation making such  sale  with  a  report
      thereof,  and  proof  that  the  property  was  live stock or perishable
      freight, with the comptroller for the benefit of the general fund of the
      state, and shall be held by him in trust for reclamation by  the  person
      or persons entitled to receive the same.