§266-14  Demurrage, lien, foreclosure. When any freight has remained upon any wharf, pier, bulkhead, quay, or landingfor more than twenty-four hours, the department of transportation, in itsdiscretion, may make demurrage charges for each subsequent day or part thereofthat in its opinion are just and equitable.

The amount payable by any shipper or consigneefor demurrage or other charges in respect of any freight shall be a lien on thefreight, and the department may take and hold possession of any freight tosecure the payment of the amount, and for the purpose of the lien, shall bedeemed to have possession of the freight until the amount has been paid.  Ifthe charges due on freight are not paid within thirty days after being landed,the department may sell the freight at public auction and out of the proceedsretain the charges accrued, including the costs of public notice and sale,which latter shall be prorated upon the articles or lots sold in proportion tothe amount received for each article or lot.  Before any sale is made, thedepartment shall give public notice of the time and place of sale at least onceeach week for three successive weeks in the county in which the place islocated to which the freight is consigned or addressed, or by posting thisnotice at the courthouses of the district in which the place is located towhich the freight is consigned or addressed.  The notice shall contain adescription of the property as near as may be, the name of the owner orconsignee if known, the amount of charges due thereon, together with the timeand place of sale.  Any freight in its nature perishable may be sold by thedepartment either at public or private sale as soon as its condition makes asale necessary.

The surplus, if any, received from the sale,after paying any accrued freight charges on the freight, shall be paid to theowner or consignee, if known, and if not known, shall be deposited in the statetreasury as a special fund.  The fund shall consist of the surplus receivedfrom sales made under this section.  At any time within one year thereafter,upon written demand and proof of identity satisfactory to the director, thedirector of finance shall pay the owner thereof the surplus.  If this surplusis not claimed by the owner within one year after the date of sale it shallthereupon escheat to the State, and be transferred to the general fund of theState. [L 1915, c 169, §5; RL 1925, §842; RL 1935, §1740; RL 1945, §4992; am L1955, c 53, §1; RL 1955, §112-15; am L Sp 1959 2d, c 1, §§14, 26; am L 1963, c114, §1; HRS §266-14; gen ch 1985; am L 1998, c 2, §80]