Beta
A.R.S. tit. 40 ch. 5
A.R.S. tit. 40 ch. 5 — Arizona Revised Statutes Title 40 Chapter 5 — Unclaimed Freight Or Baggage Held By Common Carrier
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
40-1001. Unclaimed freight or baggage
When any freight or baggage comes into possession of a common carrier, and is unclaimed or cannot be delivered, the carrier shall safely keep it as a warehouseman for three months, unless it is perishable or liable to depreciate in value by keeping, and the carrier shall be entitled to a reasonable compensation for storage thereof.
40-1002. Sale; notice; posting and publication
A. At the expiration of the three months period as provided by section 40-1001, the carrier may sell the freight or baggage at public auction for cash, at the place of delivery, or at the county seat of the county in which the place of delivery is located, after ten days public notice.
B. Notice may be given by one publication at least ten days prior to the date of the sale in a newspaper of general circulation published in the city or town where the sale is to take place, or if there is no such newspaper published at the place of sale, then in the newspaper published nearest thereto, and by posting notices in three conspicuous places at the place of sale for at least ten days next preceding the date of the sale.
C. The notice shall contain a general description of the freight or baggage to be sold, the check number and the name of the consignee, name of the consignor, and the place where shipped from, if known, and the amount of unpaid charges thereon, if any, and the time, place and terms of sale.
40-1003. Inspection; record of sale
A. In order to prepare the notice and make the sale, the carrier shall open each package and inspect the contents thereof, which shall be exposed at the time of sale.
B. A true record of the sale shall be kept, including a copy of the notice.
40-1004. Proceeds of sale; disposition
A. The proceeds of the sale shall be paid, less the expenses of sale and the carrier's charges, upon demand and proof of ownership made by the owner to the carrier at any time within sixty days after the sale.
B. If the proceeds of the sale are not claimed by the owner within sixty days, they shall be deposited into the treasury of the county in which the sale takes place, and if not claimed by the owner within one year thereafter, they shall be paid into the general fund of the county.
40-1005. Perishable freight or baggage
A. If unclaimed freight or baggage is perishable or liable to depreciate in value by keeping, and that fact appears to the carrier, it may be sold forthwith and without notice at the places provided by section 40-1002.
B. The proceedings after such sale shall be the same as provided for nonperishable freight and baggage.
