|3||Notice of lien|
|4||Enforcement of lien by sale of goods|
|6||Disposition of proceeds of sale|
|7||Duty of warehouser if charges paid before sale|
|8||Manner of giving notices|
|9||Construction of Act|
1 In this Act:
"goods" includes personal property of every description that may be deposited with a warehouser as bailee;
"security interest" means an interest in goods that secures payment or performance of an obligation;
"warehouser" means a person lawfully engaged in the business of storing goods as a bailee for hire.
2 (1) Subject to section 3, every warehouser has a lien on goods deposited with the warehouser for storage, whether deposited by the owner of the goods or by the owner's authority, or by any person entrusted with the possession of the goods by the owner or by the owner's authority.
3 (1) If the goods on which a lien exists were deposited, not by the owner or by the owner's authority, but by a person entrusted by the owner or by the owner's authority with the possession of the goods, the warehouser must, within 2 months after the date of the deposit, give notice of the lien to
(3) If the warehouser fails to give the notice required by this section, the lien, as against the person to whom the warehouser has failed to give notice, is void after the period of 2 months from the date on which the warehouser has knowledge of the person to whom the warehouser has failed to give notice.
4 (1) In addition to all other remedies provided by law for the enforcement of liens or for the recovery of warehouser's charges, a warehouser may sell by public auction, in the manner provided in this section, any goods on which the warehouser has a lien for charges which have become due.
(d) a demand that the amount of the charges as stated in the notice and further charges as may accrue must be paid on or before a day mentioned, not less than 21 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;
(4) If the charges are not paid on or before the day mentioned in the notice, 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, must be published at least once a week for 2 consecutive weeks in a newspaper published in British Columbia and circulating in the locality where the sale is to be held.
5 If a notice of lien under section 3 or a notice of intention to sell under section 4 has been given, but those sections have not been strictly complied with, if the court before which any question respecting the notice is tried or inquired into considers that those sections have been substantially complied with, or that it would be inequitable that the lien or sale would be void by reason of the noncompliance, no objection to the sufficiency of the notice must be allowed to prevail so as to release or discharge the goods from the lien or vitiate the sale.
(3) If the surplus is not demanded by the person entitled to it within 10 days after the sale, or if there are different claimants or the rights to it are uncertain, the warehouser must pay the surplus into the Supreme Court on its order.
7 (1) At any time before the goods are sold, any person claiming an interest or right of possession in the goods may pay the warehouser the amount necessary to satisfy the lien, including the expenses incurred in serving notices and advertising and preparing for the sale up to the time of the payment.
(2) The warehouser must deliver the goods to the person making the payment if that person is the person entitled to the possession of the goods on payment of the warehouser's charges on them, otherwise the warehouser must retain possession of the goods according to the terms of the contract of deposit.
8 If by this Act any notice in writing is required to be given, the notice must be given by delivering it to the person to whom it is to be given, or by mailing it in the post office, postage paid and registered, addressed to the person at the person's last known address.
9 This Act must be interpreted and construed to give effect to its general purpose of making uniform the law of those provinces that enact it.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada