70-9-403. Property unclaimed within 90 days to be sold -- notice -- surplus. (1) If a person does not call for the property within 90 days from the receipt of the property and pay freight and charges on the property, the carrier, commission merchant, or warehouse operator may sell the property or as much of the property, at auction to the highest bidder, as will pay freight and charges after giving 20 days' notice of the time and place of sale to the owner, consignee, or consignor, when known, and by advertisement in a daily paper for 10 days or in a weekly paper for 4 weeks, published where the sale is to take place.
     (2) If any surplus is left after paying freight, storage, cost of advertising, and other reasonable charges, the surplus must be paid to the owner of the property at any time upon demand being made or within 60 days after the sale.

     History: En. Sec. 2921, Pol. C. 1895; re-en. Sec. 2004, Rev. C. 1907; re-en. Sec. 7668, R.C.M. 1921; Cal. Pol. C. Sec. 3153; re-en. Sec. 7668, R.C.M. 1935; R.C.M. 1947, 20-309; amd. Sec. 2107, Ch. 56, L. 2009.