An Act Relating to Liens.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows :
SECTION 1. In all cases in which commission merchants, factors, and all common carriers, or other persons, shall have a lien under and carrier. chant, factor existing laws upon any goods, wares, merchandise, or other personal property, for or on account of the costs or expenses of carriage, storage, or labor bestowed on such goods, wares, merchandise, or other personal property, if the owner or consignee of the same shall fail or neglect, or refuse to pay the amount of charges upon any such property, goods wares, or merchandise, with sixty days after demand thereof, made personally upon such owner or consignee, or at his last known place of residence, then in such case it shall and may be lawful for any such commission merchant, factor, common carrier, or other person having such lien as aforesaid, after the expiration of said period of sixty days, to expose such goods, wares, merchandise, or other personal property to sale at public auction, and to sell the same, or so much Sale. thereof as shall be sufficient to discharge said lien, together with costs of sale and advertising: Provided, That notice of such sale, together with the name of the person or persons to whom such goods shall have been consigned, shall have been first published, for three successive weeks, in a newspaper published in the county, and by six written or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where said goods may be.
SECTION 2. Upon the application of any of the persons or corporations having a lien upon goods, wares, merchandise, or other property, as mentioned in the first section of this act, verified by affidavit, to any Judge of the Superior Court of this State, or to the Chancellor, setting forth that the place of residence of the owner or consignee of any such goods, wares, merchandise, or other property is unknown, or that such goods, wares, merchandise or other property are of such a perishable nature, or so damaged, or showing any other cause that shall render it impracticable to give the notice as required in the first section of this act, then, in such case, it shall and may be lawful for the Judge, or Chancellor, hearing such application, to make an order, to be by him signed, authorizing the sale of such goods, wares, merchandise, or other property upon such terms as to notice as the nature of the case may admit of and to such Judge shall seem meet: Provided, That in cases of perishable property, the affidavit and proceedings required by this section may be had before a Justice of the Peace.
SECTION 3. The residue of moneys arising from any such sales, either under the first or second sections of this act, after deducting the amount of the lien as aforesaid, together with costs of advertising and sales, shall be held subject to the order of the owner or owners of such property.
Passed at Dover, March 5, 1867.