Pennsylvania Act 1925-300 — MECHANICS LIENS, SALE OF ENCUMBERED PROPERTY

Act text

MECHANICS LIENS, SALE OF ENCUMBERED PROPERTY
                  Act of May 7, 1925, P.L. 557, No. 300               Cl. 12
                                  AN ACT

     To provide for the sale of property against which a common law
        lien may exist for repairs and material; and the method of
        procedure thereon.

        Compiler's Note:  Section 10-102 of Act 1 of 1953 provided
            that Act 300 is repealed insofar as it is inconsistent
            with Act 1.
        Section 1.  Be it enacted, &c., That hereafter where any
     person, corporation, firm, or copartnership may have what is
     known as a "common law lien" for work done or material furnished
     about the repair of any personal property belonging to another
     person, corporation, firm, or copartnership, it shall be lawful
     for such person, corporation, firm, or copartnership having said
     common law lien, while such property is in the hands of the said
     person, corporation, firm, or copartnership contributing such
     work and material, to give notice in writing to the owner of the
     amount of indebtedness for which said common law lien is claimed
     for the labor and material that has entered into the repair,
     alteration, improvement, or otherwise, done upon the said
     property. If the said claim for said work or material is not
     paid within thirty days the said person, corporation, firm, or
     copartnership to which said money is due, may proceed to sell
     the said property, as hereinafter provided: Provided, however,
     That the owner of said property, if he disputes said bill, may
     issue a writ of replevin, as provided by law, within the said
     thirty days, and the said dispute shall be settled in said
     action of replevin.

        Compiler's Note.  Pennsylvania Rule of Civil Procedure No.
            1088(1), adopted March 11, 1991, provided that section 1
            shall not be deemed suspended or affected by the rules of
            civil procedure.
        Section 2.  The notice hereinbefore provided for shall
     contain an itemized statement setting forth the work and
     material furnished for the repair, alteration, or improvement of
     the said personal property, and shall be verified by oath of the
     claimant; and if said claim is not paid within said thirty days
     then the said claimant may sell the said property at public sale
     by giving ten days' notice thereof in the same manner as
     personal property is sold by sheriff or constable.
        Section 3.  After satisfying the lien and any costs that may
     accrue, any residue remaining shall on demand, within six
     months, be paid to the owner of the property; and if such
     residue is not demanded within six months from the date of the
     sale, the same shall be deposited by the person making the sale
     with the treasurer of the county, together with a statement of
     the claim and the costs of enforcing the same, a copy of the
     published notice, and of the amounts received for the goods at
     said sale. Said residue shall by the county treasurer be
     credited to the general revenue fund of the county, subject to
     the right of the owner, or his personal representatives, to
     reclaim the same at any time within three years from the date of
     the deposit with the county treasurer.
        Section 4.  All sales of property made under this act shall
     be as conclusive to the title conveyed as if sold by a sheriff
     or constable.