§ 18-48-102 - Sale of property on behalf of livery stable keeper.
18-48-102. Sale of property on behalf of livery stable keeper.
(a) (1) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may have the property sold at public sale.
(2) (A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale.
(B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published.
(b) Out of the proceeds of the sale there shall be paid:
(1) The costs and expenses of the sale;
(2) The amount due the stable or yard keeper for keeping and feeding the stock; and
(3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold.
(c) All sales of property under this subchapter shall be made by a public and licensed auctioneer if there is one in the town or city where the sale is made and, if none, then by a constable of the township in which the stable or yard is situated.