4(1)Articles deposited with a jeweller to be mended or repaired, if not called for within two years after being deposited, may, if no agreement is made to the contrary, be sold at public auction by the jeweller on four weeks’ public notice of the time and place of sale.

4(2)The place of sale shall be in the parish, city, town or village where the jeweller does business, and the notice shall be posted in three or more public places in the parish, city, town or village and published in two consecutive issues of a newspaper having general circulation in the county, and once in The Royal Gazette.

4(3)The notice shall state the amount of the charges, the name of the person who deposited the articles, if known, the date when they were deposited, and in the case of a watch the name of the maker and the number of the watch.

6(1)A gratuitous bailee of goods has a particular lien on the goods for his or her reasonable charges for caring for them after the expiration of the time mentioned in a notice given by him or her to the bailor to take possession of the goods.

6(2)A judge may dispense with such notice if the bailor’s address or whereabouts is unknown.

9(1)A person entitled to a lien on property under this Act may detain the property in his or her possession until the amount of the lien is paid, together with lawful storage charges for the period the property is detained.

9(2)If a bailee has in his or her possession perishable goods that may deteriorate or be destroyed by detention, the bailee may apply without delay to a judge for leave to sell the goods, and the judge may give directions for the sale or make any order he or she considers just.

10(1)If the amount of the lien and storage charges, if any, are unpaid at the expiration of six months from the time when they are due, or if the goods are not taken by the bailor within the period fixed by the contract, if any, or at or before the expiration of the time specified in the notice referred to in section 6, the lienholder may give notice to the debtor, by registered mail or personal service, specifying a reasonable time and place for payment, the amount owing and the property detained, and stating that in default of payment an application will be made to a judge, at the time and place to be mentioned in the notice, for leave to sell the goods.

10(2)The time fixed for the application shall be not less than 30 days from the date of the mailing or service of the notice.

10(3)On the hearing of the application the judge may make any order he or she considers just.

10(4)Unless the judge otherwise directs, it is not necessary to take out an order for sale, but the judge may note informal directions for the sale on the notice or on any affidavit that may be used.

10(5)If a dispute arises as to the amount due, or if the bailor does not appear, the judge may fix the amount due in a summary way or he or she may direct an action to be brought.

10(6)In all cases the costs of proceedings are in the discretion of the judge and taxed by him or her with or without notice.

10(7)In the event of costs being ordered against an unsuccessful applicant, the person awarded such costs has a right of action against the applicant for the amount of the costs.

11(1)The proceeds of the sale shall be applied first in payment of the costs of the proceedings and the expenses of the sale, and then in payment of the lienholder’s debt, and the balance, if any, shall be paid to the person entitled to it, on application being made by him or her.

11(2)If the application is not made within 30 days, the person conducting the sale shall immediately pay the balance to the Minister of Finance and Treasury Board to be kept by him or her for the owner, and if no claim is made by the owner within a year the amount forms part of the revenue of the Province.

11(3)When remitting to the Minister of Finance and Treasury Board, the person who conducted the sale shall file with the Minister of Finance and Treasury Board a copy of the advertisement under which the sale was made and a detailed statement of the articles sold and prices obtained and of the application of the proceeds of the sale.

11(4)The Minister of Finance and Treasury Board may receive applications for the payment of the balance, verified by such affidavits as he or she may require, on behalf of mortgagees of the goods or of creditors of the owner and may make orders for the payment of all or portions of the money to the mortgagees or creditors, or may refer the matter to a judge.

11(5)The judge may direct interpleader proceedings to be taken when there is more than one claimant, or on the production of such evidence as he or she may consider necessary, make any order he or she considers just.

11(6)All such orders shall provide that creditors and mortgagees, if any, be paid according to their respective priorities.

11(7)In the event of a sale proving abortive by reason of there being no purchaser of the property, or in the event of the proceeds of sale being insufficient to pay the costs of proceedings, the expenses of sale and the debt of the lienholder, the lienholder has a right of action against the owner for the amount of the costs, expenses and debt, or the balances of them remaining unpaid.