Sale of goods at public auction
4(1)In addition to all other remedies provided by law for the enforcement of liens or for the recovery of storer’s charges, a storer may sell by public auction, in the manner provided in this section, any goods upon which he has a lien for charges that have become due.
4(2)The storer shall give written notice of his intention to sell
(a)
to the person liable as debtor for the charges for which the lien exists,
(b)
to the owner of the goods and to any person with a security interest in the goods who has registered a financing statement in relation to the goods in the Personal Property Registry before the date of the deposit, and
(c)
Repealed: 1993, c.36, s.14
(d)
to any other person known by the storer to have or to claim an interest in the goods.
Contents of notice to sell goods
4(3)The notice shall contain
(a)
a brief description of the goods,
(b)
a statement showing the location of the warehouse where the goods are stored, the date of their deposit with the storer, and the name of the person by whom they were deposited,
(c)
an itemized statement of the storer’s charges showing the sum due at the time of the notice,
(d)
a demand that the amount of the charges as stated in the notice and such further charges as may accrue be paid on or before a day mentioned, not less than twenty-one days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination according to the due course of mail if it is sent by mail, and
(e)
a statement that unless the charges are paid within the time mentioned the goods will be advertised for sale and sold by public auction at a time and place specified in the notice.
Time limitation respecting advertisement of sale
4(4)Where the charges are not paid on or before the day mentioned, an advertisement of the sale describing the goods to be sold, and stating the name of the person liable as debtor for the charges for which the lien exists, and the time and place of the sale, shall be published at least once a week for two consecutive weeks in a newspaper published in the Province and circulating in the locality where the sale is to be held.
Time limitation respecting sale of goods
4(5)The sale shall not be held less than fourteen days from the date of the first publication of the advertisement.
R.S., c.247, s.4; 1993, c.36, s.14; 2007, c.2, s.5