New York Laws
Article 3 - Construction, Operation and Management
68 - Unclaimed Freight and Baggage.

§ 68. Unclaimed freight and baggage. Every railroad or other
transportation corporation, doing business in this state, which shall
have unclaimed freight or baggage, not live stock or perishable, in its
possession for the period of sixty days, may deliver the same to any
warehouse company, or person or persons engaged in the warehouse
business, within this state, and take a warehouse receipt for the
storage thereof. Upon such delivery and upon taking such warehouse
receipt, every such railroad or other transportation corporation shall
be discharged of all liability in respect to any such unclaimed freight
or baggage from and after such delivery. At any time within two years
after such delivery, such railroad or other transportation corporation
shall surrender and transfer such warehouse receipt to the owner of any
such unclaimed freight or baggage upon demand, and upon payment of all
charges and expenses for transportation and storage then due, if any, to
any such railroad or other transportation corporation. In case any such
railroad or other transportation company shall have had unclaimed
freight or baggage, not live stock or perishable, in its possession for
a period of one year and shall not have delivered the same to a
warehouse company or person or persons engaged in the warehouse business
as above provided, then such railroad or other transportation company
may proceed to sell the same at public auction, and out of the proceeds
may retain the charges of transportation, handling and storage of such
unclaimed freight or baggage, and the expenses of advertising and sale
thereof; but no such sale shall be made until the expiration of four
weeks from the first publication of notice of such sale, to be published
weekly in a newspaper published in or nearest the town or city to which
such unclaimed freight or baggage was consigned, or at which it was
directed to be left, and also at the town or city where such sale is to
take place; and said notice shall contain a general description of such
unclaimed freight or baggage, the name of the shipper thereof, if known,
and a statement of the consignment thereof, whether to a designated
consignee or to order, if known, or the place at which the same was to
be left, as near as may be; and the expenses incurred for advertising
shall be a lien upon such unclaimed freight or baggage in a ratable
proportion, according to the value of each article, package or parcel,
if more than one. Such railroad or other transportation company shall
make an entry of the balance of the proceeds of the sale, if any, of the
unclaimed freight or baggage consigned to the same consignee or covered
by each consignment, as near as can be ascertained, and at any time
within five years thereafter, shall refund any surplus so retained to
the owner of such unclaimed freight or baggage, his personal
representatives or assigns, on satisfactory proof of such ownership. In
case such balance shall not be claimed by the rightful owner within five
years after the sale as above specified, then it shall be paid to the
county treasurer, for the use of the county poor of the county where the
sale is made.

Unclaimed live stock and perishable freight or baggage may be sold by
any such railroad or other transportation corporation without notice, as
soon as it can be, upon the best terms that can be obtained. All moneys
arising from the sale of any such unclaimed live stock, perishable
freight or baggage, after deducting therefrom all charges and expenses
for transportation, storage, keeping, commissions for selling the
property, and any amount previously paid for its loss or non-delivery,
shall be deposited by the corporation making such sale with a report
thereof, and proof that the property was live stock or perishable
freight, with the comptroller for the benefit of the general fund of the
state, and shall be held by him in trust for reclamation by the person
or persons entitled to receive the same.

Structure New York Laws