NY RR L § 68 (2021)
2021 New York Laws RRD - Railroad 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.