§ 62-209. Sale of unclaimed baggage or household goods; notice; sale of rejected property; escheat. - North Carolina Statutes

§ 62‑209.  Sale ofunclaimed baggage or household goods; notice; sale of rejected property;escheat.

(a)        Any common carrier which has had in its possession on handat any destination in this State any article whether baggage or householdgoods, for a period of 60 days from its arrival at destination, which saidcarrier cannot deliver because unclaimed, may at the expiration of said 60 dayssell the same at public auction at any point where in the opinion of thecarrier the best price can be obtained: Provided, however, that notice of suchsale shall be mailed to the consignor and consignee, by registered or certifiedmail, if known to such carrier, not less than 15 days before such sale shall bemade; or if the name and address of the consignor and consignee cannot withreasonable diligence be ascertained by such carrier, notice of the sale shallbe published once a week for two consecutive weeks in some newspaper of generalcirculation published at the point of sale: Provided, that if there is no suchpaper published at such point, the publication may be made in any paper havinga general circulation in the State: Provided further, however, that if thenondelivery of said article is due to the consignee's and consignor's rejectionof it, then such article may be sold by the carrier at public or private sale,and at such time and place as will in the carrier's judgment net the bestprice, and this without further notice to either consignee or consignor, andwithout the necessity of publication.

(b)        Repealed by Session Laws 1995, c. 523, s. 14.

(c)        The common carrier shall keep a record of the articles soldand of the prices obtained therefor, and shall, after deducting all charges andthe expenses of the sale, including advertisement, if advertised, pay the balanceto the owner of such articles on demand therefor made at any time within fiveyears from the date of the sale. If no person shall claim the surplus withinfive years, such surplus shall be paid to the Escheat Fund of the Department ofState Treasurer.

(d)        This section shall not apply to motor carriers ofpassengers. (1871‑2, c.138, s. 50; Code, s. 1987; Rev., s. 2639; 1921, c. 124, ss. 1, 2, 3; C.S., s.3534; 1963, c. 1165, s. 1; 1981, c. 531, s. 17; 1995, c. 523, s. 14.)