P.R. Laws tit. 5, § 749

2019-02-20 00:00:00+00
§ 749. Notice of sale; redemption; costs; lien

If said livestock are not redeemed by the payment provided in § 748 of this title, the Secretary or his authorized representatives shall deliver to the Marshal of the corresponding court, together with the custody of the livestock, a written notice stating:

(a) The time, place and hour that such livestock were taken into custody.

(b) The description of the number of heads, species and kind thereof.

(c) Any marks or brands thereon.

(d) The name of their owner or, if this is unknown, the name of the bailee or custodian thereof, or if such persons are not known, the name of the owner or possessor of the land where said cattle were when taken into custody or the place it stopped at while straying and was taken into custody, and the number of the complaint through which the Puerto Rico Police were given notice of the fact.

(e) That on the date and at the hour specified therein, which shall be not less than ten (10) nor more than twenty (20) days after the delivery or posting of said notice, if said livestock are not redeemed as hereinafter provided in this section the Marshal shall offer said cattle for sale at public auction.

(f) The place where said cattle are then corralled or penned.

(g) After payment of the Secretary’s and Marshal’s costs, the owner, bailee or custodian may redeem his livestock. Provided, That if none of the persons specified in subsection (d) of this section can be located after all pertinent efforts and steps have been made, the Marshal, in lieu of delivering the notice personally, shall post it in three (3) public places, one of which shall be the city hall of the municipality in which such sale is to be held, and a notice to the unknown owners drafted in the same terms as the notice ordinarily given to known owners. The Marshal shall forthwith deliver said notice to the person or persons in the specified site and if the owner offers to pay all costs incurred by the Secretary and the Marshal, which shall be stated in said notice prior to the public auction of the cattle, he may recover it and it shall be delivered to the owner at the place where it is penned. If the bailee or custodian, or any other person having a lawful interest in said livestock redeems it as stated above, said person shall be entitled to reimbursement for the amount paid, plus the necessary and reasonable costs incurred by such person in the removal, transportation, feeding and penning thereof. The costs for transportation of said livestock shall not exceed the costs of transportation to a suitable place for feeding and penning nearest to the premises of the owner by him known.

History —May 15, 1936, No. 106, p. 542, § 9; May 6, 1988, No. 24, p. 96, § 9.