Every railroad corporation shall safely and securely keep, as warehouseman, all unclaimed baggage for the space of three months, at the expiration of which time it may sell the same, if not previously called for, at public auction, after ten days' public notice by publication in some newspaper of general circulation; or if there be no such paper in the vicinity, then by posting written or printed notices in three conspicuous places in the neighborhood in which such sale is to be made. For the purpose of making such sale, it shall be lawful to open each trunk, package or parcel, and make known the contents thereof. A true account of the sale shall be kept, showing the price at which each parcel was sold, and the number thereof, which shall be the same as the number stamped upon the check thereto attached; and if there be any name, initial letters or other marks upon such parcel, the same shall also be noted in said account. The proceeds of such sale shall be paid, less expenses of the sale, to the owner, upon demand and proof of ownership, at any time within sixty days after the sale, after which date all right of action therefor shall be barred.
History: Laws 1878, ch. 1, ch. [tit.] 8, § 3; C.L. 1884, § 2670; C.L. 1897, § 3861; Code 1915, § 4707; C.S. 1929, § 116-308; 1941 Comp., § 74-306; 1953 Comp., § 69-3-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For legal newspapers, see 14-11-2 NMSA 1978.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 3 - Operation and Regulations Generally
Section 63-3-1 - [Schedules; accommodations; persons who may be refused transportation.]
Section 63-3-2 - [Damages in case of refusal of transportation.]
Section 63-3-3 to 63-3-5 - Repealed.
Section 63-3-6 - [Injury to passenger; contributory negligence; insufficient room.]
Section 63-3-7 - [Baggage checks; refusal to furnish; nondelivery of baggage; damages.]
Section 63-3-8 - [Unclaimed baggage; sale after three months' period; proceeds of sale.]
Section 63-3-9 to 63-3-22 - Repealed.
Section 63-3-25 - [Fireguards; plowing; burning of vegetation; notice.]
Section 63-3-26 - [Failure to maintain fireguard; penalty; enforcement.]
Section 63-3-27 - [Fireguard made under direction of county commissioners; expenses.]
Section 63-3-28 - [Actions for damages by fire; limitation.]
Section 63-3-29 to 63-3-32 - Repealed.
Section 63-3-33 - [Failure of district attorney to act; prosecution by attorney general.]
Section 63-3-34 - Bell to be rung at highway crossings.
Section 63-3-35 - [Highway crossings; definitions.]
Section 63-3-36 - Construction and maintenance of highway crossings.
Section 63-3-37 - Separation of grade crossing; determination; cost.
Section 63-3-38 - Maintenance of grade crossing.
Section 63-3-39 - [Industrial railroads; hauling for others; not considered common carrier.]