N.Y. Railroad Law § 68: Unclaimed freight and baggage

§ 68. Unclaimed freight and baggage. Every railroad or other

transportation corporation, doing business in this state, which shall

have unclaimed freight or baggage, not live stock or perishable, in its

possession for the period of sixty days, may deliver the same to any

warehouse company, or person or persons engaged in the warehouse

business, within this state, and take a warehouse receipt for the

storage thereof. Upon such delivery and upon taking such warehouse

receipt, every such railroad or other transportation corporation shall

be discharged of all liability in respect to any such unclaimed freight

or baggage from and after such delivery. At any time within two years

after such delivery, such railroad or other transportation corporation

shall surrender and transfer such warehouse receipt to the owner of any

such unclaimed freight or baggage upon demand, and upon payment of all

charges and expenses for transportation and storage then due, if any, to

any such railroad or other transportation corporation. In case any such

railroad or other transportation company shall have had unclaimed

freight or baggage, not live stock or perishable, in its possession for

a period of one year and shall not have delivered the same to a

warehouse company or person or persons engaged in the warehouse business

as above provided, then such railroad or other transportation company

may proceed to sell the same at public auction, and out of the proceeds

may retain the charges of transportation, handling and storage of such

unclaimed freight or baggage, and the expenses of advertising and sale

thereof; but no such sale shall be made until the expiration of four

weeks from the first publication of notice of such sale, to be published

weekly in a newspaper published in or nearest the town or city to which

such unclaimed freight or baggage was consigned, or at which it was

directed to be left, and also at the town or city where such sale is to

take place; and said notice shall contain a general description of such

unclaimed freight or baggage, the name of the shipper thereof, if known,

and a statement of the consignment thereof, whether to a designated

consignee or to order, if known, or the place at which the same was to

be left, as near as may be; and the expenses incurred for advertising

shall be a lien upon such unclaimed freight or baggage in a ratable

proportion, according to the value of each article, package or parcel,

if more than one. Such railroad or other transportation company shall

make an entry of the balance of the proceeds of the sale, if any, of the

unclaimed freight or baggage consigned to the same consignee or covered

by each consignment, as near as can be ascertained, and at any time

within five years thereafter, shall refund any surplus so retained to

the owner of such unclaimed freight or baggage, his personal

representatives or assigns, on satisfactory proof of such ownership. In

case such balance shall not be claimed by the rightful owner within five

years after the sale as above specified, then it shall be paid to the

county treasurer, for the use of the county poor of the county where the

sale is made.

Unclaimed live stock and perishable freight or baggage may be sold by

any such railroad or other transportation corporation without notice, as

soon as it can be, upon the best terms that can be obtained. All moneys

arising from the sale of any such unclaimed live stock, perishable

freight or baggage, after deducting therefrom all charges and expenses

for transportation, storage, keeping, commissions for selling the

property, and any amount previously paid for its loss or non-delivery,

shall be deposited by the corporation making such sale with a report

thereof, and proof that the property was live stock or perishable

freight, with the comptroller for the benefit of the general fund of the

state, and shall be held by him in trust for reclamation by the person

or persons entitled to receive the same.