2013 Hawaii Revised Statutes
TITLE 15. TRANSPORTATION AND UTILITIES
266. Harbors
266-14 Demurrage, lien, foreclosure.

Revision Note

Part I designation added by revisor in view of addition of Part II by L 1980, c 126, §2.

§266-14 Demurrage, lien, foreclosure. When any freight has remained upon any wharf, pier, bulkhead, quay, or landing for more than twenty-four hours, the department of transportation, in its discretion, may make demurrage charges for each subsequent day or part thereof that in its opinion are just and equitable.

The amount payable by any shipper or consignee for demurrage or other charges in respect of any freight shall be a lien on the freight, and the department may take and hold possession of any freight to secure the payment of the amount, and for the purpose of the lien, shall be deemed to have possession of the freight until the amount has been paid. If the charges due on freight are not paid within thirty days after being landed, the department may sell the freight at public auction and out of the proceeds retain the charges accrued, including the costs of public notice and sale, which latter shall be prorated upon the articles or lots sold in proportion to the amount received for each article or lot. Before any sale is made, the department shall give public notice of the time and place of sale at least once each week for three successive weeks in the county in which the place is located to which the freight is consigned or addressed, or by posting this notice at the courthouses of the district in which the place is located to which the freight is consigned or addressed. The notice shall contain a description of the property as near as may be, the name of the owner or consignee if known, the amount of charges due thereon, together with the time and place of sale. Any freight in its nature perishable may be sold by the department either at public or private sale as soon as its condition makes a sale necessary.

The surplus, if any, received from the sale, after paying any accrued freight charges on the freight, shall be paid to the owner or consignee, if known, and if not known, shall be deposited in the state treasury as a special fund. The fund shall consist of the surplus received from sales made under this section. At any time within one year thereafter, upon written demand and proof of identity satisfactory to the director, the director of finance shall pay the owner thereof the surplus. If this surplus is not claimed by the owner within one year after the date of sale it shall thereupon escheat to the State, and be transferred to the general fund of the State. [L 1915, c 169, §5; RL 1925, §842; RL 1935, §1740; RL 1945, §4992; am L 1955, c 53, §1; RL 1955, §112-15; am L Sp 1959 2d, c 1, §§14, 26; am L 1963, c 114, §1; HRS §266-14; gen ch 1985; am L 1998, c 2, §80]