Guam § 41404 - Lien of Keepers of Apartments, etc.

§ 41404. Lien of Keepers of Apartments, etc.

Keepers of apartment houses, apartments, cottages, mobile homes, or

bungalow courts shall have a lien upon the baggage and other property of

value belonging to their tenants or guests, and upon all the right, title and

interest of their tenants and guests in and to all property in the possession of

such tenants or guests which may be in such apartment house, apartment,

cottage, mobile home, or bungalow court, for the proper charges due from

such tenants or guests, for their accommodation, rent, services, meals, and

such extras as are furnished at their request, and for all moneys expended

for them, at their request, and for the costs of enforcing such lien, with the

right to the possession of such baggage and other property of value until

such charges are paid, and such moneys are repaid. Unless such charges

shall be paid and unless such moneys shall be repaid within 60 days from

the time when such charges and moneys, respectively, become due, said

keeper of an apartment, cottage, mobile home, or bungalow court, may sell

said baggage and property, to the highest bidder, at a public auction, held

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 in a newspaper published in

Guam, and also by mailing, at least 15 days prior to the date of sale, a copy

of such notice addressed to such tenant or guest at his post office address, if

known, and if not known, such notice shall be addressed to such tenant or

guest at the place where such apartment, apartment house, cottage, mobile

home, or bungalow court 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

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said keeper of an apartment, apartment house, cottage, mobile home, or

bungalow court to such tenant or guest; or if not demanded within six

months from the date of such sale, said residue, if any, shall be paid into the

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

his legal representative within one year thereafter, it shall be paid into the

general fund of the said treasury; and such sale shall be a perpetual bar to

any action against said keeper of an apartment, apartment house, cottage,

mobile home, or bungalow court for the recovery of such baggage or

property, or of the value thereof, or for any damages, growing out of the

failure of such tenant or guest to receive such baggage or property.

This section does not apply to:

(a) Any musical instrument of any kind or description which is

used by the owner thereof to earn all or part of his living.

(b) Any prosthetic or orthopedic appliance personally used by a

tenant or guest.

(c) Table and kitchen furniture, including one refrigerator,

washing machine, sewing machine, stove, bedroom furniture, one

overstuffed chair, one davenport, one dining table and chairs, and also

all tools, instruments, clothing and books used by the tenant or guest in

gaining a livelihood; beds, bedding and bedsteads, oil paintings and

drawings drawn or painted by any member of the family of the tenant

or guest, and any family portraits and their necessary frames.

(d) All other household, table or kitchen furniture not expressly

mentioned in paragraph (c), including but not limited to radios,

television sets, phonographs, records, motor vehicles that may be

stored on the premises, except so much of any such articles as may be

reasonably sufficient to satisfy the lien provided for by this section;

and provided further, that such lien shall be secondary to the claim of

any prior bona fide holder of a chattel mortgageo on and the rights of a

conditional seller5 of such articles, other than the tenant or guest.