§ 49-71 — Lien of manufacturers on materials.

Any person, firm or corporation engaged in the business of manufacturing, spinning, throwing, bleaching, mercerizing, printing or finishing yarn or other goods made of cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk or goods of which cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk form a component part shall be entitled to a lien, upon the goods and property of others which come into the possession of such person, firm or corporation for the purpose of being manufactured, spun or thrown into yarn or other goods or for the purpose of being bleached, mercerized, dyed or finished, for the amount of any debt due such person, firm or corporation or for the amount of any note or notes taken on account of such debt from any owner of such cotton, wool, silk, linen, rayon, nylon, synthetic fibers or artificial silk by reason of any work performed or materials furnished in or about the manufacturing, spinning, throwing, bleaching, mercerizing, dyeing, printing or finishing of such goods or property, or other goods of such owner or owners whereof the lienor's possession has terminated. Such lien shall not be waived or impaired by the taking of any note or notes or the recovery of any judgment for any amount due on account of such debt, but the amount of the claim secured thereby may be collected by levy and sale under execution upon judgment rendered in any action upon any such note, lien or claim. The amount of such claim may also be collected by a public sale of the goods or property upon which the lien securing the same rests, upon a notice of sale published at least once each week for two weeks preceding the date of such sale in some newspaper published in the county in which such goods or property is located, and by mailing, postage prepaid, a copy of such notice, at least five days before the date of such sale, to the owner or owners of such goods or property, addressed to such owner or owners' last-known residence or place of business. The proceeds of any such sale shall be applied to the payment of the amount of the claim secured by such lien and the expenses of such sale; and only such goods or property shall be sold as is necessary, as nearly as may be determined, to pay the amount of such claim and expenses, and the balance of the proceeds of any such sale, if any, shall be paid to such owner or owners. “Owner”, as used in this section, shall include all persons, partnerships and corporations having title to the property herein described and shall also include a factor, consignee, agent, converter or other person entrusted with possession of the goods held under such lien or of a bill of lading consigning the same to him, with or without authority to sell the same, and delivered by such factor, consignee, agent, converter or other person to the lienor for the purposes aforesaid.

Legislative History

(1949 Rev., S. 7250; 1951, S. 2977d.)