369.192. Remedies in enforcement of liabilities and right of renters of safe deposit boxes.
Remedies in enforcement of liabilities and right of renters of safedeposit boxes.
369.192. Every association doing a safe deposit businessshall be entitled to the following special remedies in enforcingthe liabilities and rights of depositories or lessors and ofrenters or lessees of boxes:
(1) Whenever such association doing a safe deposit businessreceives personal property upon deposit, as bailee, and issues areceipt therefor, it is a warehouseman as to this property, andall existing statutes and laws affecting warehousemen shall applyto these deposits, and the association shall have a lien on thedeposit or the proceeds thereof to the same extent and with thesame effect, and enforceable in the same manner, as provided bylaw with reference to warehousemen;
(2) The association shall have a lien upon the contents ofany safe deposit box for the rental thereon. If the lessee shallnot pay the rent within thirty days after the same is due, thenthe association, after giving not less than sixty days' writtennotice to the lessee, personally or by registered or certifiedmail delivered to the latest address shown upon the safe depositrecords of the association, of its intention to sell the contentsof the box for the payment of rent and expenses may open the boxforcibly and remove the contents in the presence of two of itsemployees, one of whom shall be an officer thereof. Theassociation then shall retain such contents for at least ninetydays thereafter and the association then may sell any part or allof such contents at public sale by giving notice thereof in likemanner as notice is required as provided in chapter 493, RSMo,for two successive weeks in a newspaper qualified to publish suchnotice, and retain from the proceeds of sale the rental due it,the costs of opening and repairing the box, and the costs ofsale. Any remaining balance shall be disposed of in accordancewith the provisions of sections 447.500 to 447.595, RSMo;
(3) If the lessee shall fail to surrender possession of anybox within thirty days from the date of the termination of thelease, then the association, after giving not less than sixtydays' written notice to the lessee, personally or by registeredor certified mail delivered to the latest address shown upon thesafe deposit records of the association, of its intention toenter the box, remove the contents and sell the same, may openthe box forcibly and remove its contents in the presence of twoof its employees, one of whom shall be an officer thereof. Theassociation then shall retain such contents for at least ninetydays thereafter and the association then may sell any part or allof such contents at public sale by giving notice thereof in likemanner as notice is required in subdivision (2) of this section,and retain from the proceeds of sale the costs of opening andrepairing such box, the costs of sale and any other amounts dueto the association. Any article, item or document withoutapparent market value may be destroyed after two years from thedate of giving or mailing the required notice. Any remainingbalance shall be disposed of in accordance with the provisions ofsections 447.500 to 447.595, RSMo.
(L. 1994 H.B. 1165 § 2)Effective 7-6-94