State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 68

§   68.  Unclaimed  freight  and  baggage.  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.

State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 68

§   68.  Unclaimed  freight  and  baggage.  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-3 > 68

§   68.  Unclaimed  freight  and  baggage.  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.