34-272. Satisfaction of lien by sale; notice required. - Kansas Statutes

34-272

Chapter 34.--GRAIN AND FORAGE Article 2.--INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES

      34-272.   Satisfaction of lien by sale; notice required.A warehouseman's lien for a claim which has become due may be satisfiedas follows: The warehouseman shall give a written notice to the person onwhose account the grain is held, and to any other person known by thewarehouseman to claim an interest in the grain. Such notice shall be givenby delivery in person or by registered letter addressed to the last knownplace of business or abode of the person to be notified.

      The notice shall contain: (a) An itemized statement of thewarehouseman's claim showing the sum due at the time of the notice and thedate or dates when it became due; (b) a brief description of the grainagainst which the lien exists; (c) a demand that the amount of the claim asstated in the notice, and of such further claim as shall accrue, shall bepaid on or before a day mentioned, not less than ten days from the deliveryof the notice, if it is personally delivered, or from the time when thenotice should reach its destination, according to the due course of post,if the notice is sent by mail; (d) a statement that unless the claim ispaid within the time specified the grain will be advertised for sale andsold at auction at a specified time and place. In accordance with the termsof a notice so given, a sale of the grain at auction may be had to satisfyany valid claim of the warehouseman for which he has a lien on the grain.The sale shall be had in the place where the lien was acquired, or, if suchplace is manifestly unsuitable for the purpose, at the nearest suitableplace.

      After the time for the payment of the claim specified in the notice tothe depositor has elapsed, an advertisement of the sale, describing thegrain to be sold, and stating the name of the owner or person on whoseaccount the grain is held, and the time and place of the sale, shall bepublished once a week for two consecutive weeks in a newspaper of generalcirculation published in the place where such sale is to be held, if therebe any such newspaper; but if there be no newspapers published at suchplace, then such advertisement of the same shall, at the option of thewarehouseman, be published once a week for two consecutive weeks in somenewspaper of general circulation or by posting the same in at least fourconspicuous places in such place for not less than fifteen days before thedate of sale. And no sale shall be held in less than fifteen days from thetime of the first publication or the first posting of such advertisement.

      History:   L. 1931, ch. 194, § 50; July 1.