Malaysia legislation
Section 134
Section 134
Lien for fares, freight and other charges
(2)
When any goods have been detained under subsection (1), the licensed operator may—
(a)
in the case of perishable goods, sell the same at once by public auction or private agreement as it may deem expedient; or
138 Laws of Malaysia ACT 715
(b)
in the case of other goods, sell by public auction, on the expiration of at least fourteen days’ notice of the intended auction published in one or more of the local newspapers, such quantity of the goods as will be sufficient to recover the sum due to or recoverable by the licensed operator together with all expenses of such detention, notice and sale, including, in the case of animals, the expenses of feeding, watering and tending thereof.
(3)
The licensed operator may, out of the proceeds of sale, retain the amount of the sum and expenses due to or recoverable by the licensed operator, rendering the surplus, if any, of the proceeds and such of the goods as remain unsold to the person entitled thereto.
(4)
If the person entitled thereto fails to remove from the railway premises, within a reasonable time, any of the goods which have remained unsold, the licensed operator may sell the whole of such goods and shall, after deducting the expenses of the further detention and sale of such goods, render the surplus of the proceeds to the person entitled thereto.
(5)
The person entitled to remove the goods shall not do so unless he tenders to the licensed operator a sum equal to the costs, charges and expenses of the further detention of such goods from the date of sale under subsection (2) to the date of removal.
(6)
Notwithstanding anything in this section, the licensed operator may recover by suit or action any such sum as is referred to in subsection (1).
(7)
For the purposes of this section, “goods” shall be deemed to include luggage.
Disposal of unclaimed goods