Guam § 41403 - Lien of Innkeepers.

§ 41403. Lien of Innkeepers.

Hotel, motel, inn, boardinghouse and lodging house keepers shall have

a lien upon the baggage and other property belonging to or legally under the

control of their guests, or boarders, or lodgers which may be in such hotel,

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motel, inn, or boarding or lodging house for the proper charges due from

such guests, or boarders, or lodgers, for their accommodation, board, and

lodging and room rent, and such extras as are furnished at their request, and

for all money paid for or advanced to such guests, or boarders or lodgers,

and for the costs of enforcing such lien, with the right to the possession of

such baggage and other property until such charges and moneys are paid,

and unless such charges and moneys shall be paid within 60 days from the

time when the same because due, said hotel, motel, inn, boardinghouse, or

lodging house keeper may sell said baggage and property at public auction

to the highest bidder, within ten days after giving notice of such sale by

publication of a notice containing the name of the debtor, the amount due, a

brief description of the property to be sold, and the time and place of such

sale, in a newspaper published in Guam, and also by mailing, at least 15

days before such sale, a copy of such notice addressed to such guest,

boarder or lodger at his post office address, if known, and if not known,

such notice shall be addressed to such guest, boarder or lodger at the place

where such hotel, motel, inn, boardinghouse, or lodging house is situated;

and after satisfying such lien out of the proceeds of such sale together with

any reasonable costs that may have been incurred in enforcing said lien, the

residue of said proceeds of sale, if any, shall upon demand made within six

months after such sale, be paid by said hotel, motel, inn, boardinghouse, or

lodging house keeper to such guest, boarder or lodger; and if not demanded

within six months from the date of such sale, such residue shall be paid into

the treasury of Guam; and if the same be not claimed by the owner thereof,

or his legal representatives, within one year thereafter, the same shall be

paid into the general fund of said treasury; and such sale shall be a perpetual

bar to any action against said hotel, motel, inn, boardinghouse or lodging

house keeper for the recovery of such baggage or property of the value

thereof, or for any damages growing out of the failure of such guest,

boarder or lodger to receive such baggage or property; provided, however,

that if any baggage or property becoming subject to the lien herein provided

for does not belong to the guest or lodger or boarder who incurred the

charges on indebtedness secured thereby, at the time when such charges or

indebtedness were incurred, and if the hotel, motel, inn, boarding or lodging

house keeper entitled to such lien receives notice of such fact at any time

before the sale of such baggage or property hereunder, then, and in that

event, such baggage and property which is subject to said lien and did not

belong to said guest, boarder or lodger at the time when such charges or

indebtedness were incurred shall not be subject to sale in the manner

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hereinbefore provided, but such baggage and property may be sold in the

manner provided by Title 7 of this Code for the sale of property under a writ

of execution, to satisfy a judgment obtained in any action brought to recover

the said charges or indebtedness.

This section does not apply to:

1. Any musical instrument of any kind or description which is

used by the owner thereof to earn all or a part of his living; [and]

2. Any prosthetic or orthopedic appliances personally used by a

guest, boarder, or lodger.