43-63 - Lien for cleaning, laundering, dyeing, pressing or storing clothing, rugs and other fabrics.

§ 43-63. Lien for cleaning, laundering, dyeing, pressing or storing clothing,rugs and other fabrics.

Every person, firm, association and corporation engaged in the business ofcleaning, laundering, dyeing and pressing or storing clothing, carpets, rugsand other fabrics shall have a lien upon such clothing, carpets, rugs orother fabrics for the amount which may be due for the cleaning, dyeing,pressing or storage thereof, and may retain such clothing, carpets, rugs orother fabrics until such amount is paid.

If the debt for which a lien is given under this section be not paid withinninety days after it is due, the property subject to such lien, or so muchthereof as may be necessary to satisfy such lien, may be sold by the person,firm, association or corporation holding such lien at public auction forcash, and the proceeds of such sale applied to the expenses thereof, and topay the debt, and the surplus, if any, shall be paid to the owner of suchproperty. Before making such sale the person, firm or corporation holdingsuch lien shall give ten days' written notice thereof by registered mail sentto the last known post-office address of such owner, and, in additionthereto, shall advertise the time and place thereof in such manner as to giveit reasonable publicity; provided that if the owner at the time of leavingsuch property to be cleaned, laundered, dyed, pressed or stored is given aticket or other receipt therefor which bears on its face in type not smallerthan eight point the words, "The property evidenced hereby may be sold ifunclaimed after one hundred and eighty days except in the case of storedproperty which shall not be subject to sale until such property is unclaimedfor two hundred forty days," then notice of sale by mail and otheradvertisement shall not be required. A copy of this section shall beprominently displayed in the place of business in which any such property isleft by the owner.

(1938, p. 613; Michie Code 1942, § 6451a; 1964, c. 272; 1973, c. 317.)