66-15-102 - Textile processors' lien.
66-15-102. Textile processors' lien.
(a) All persons or corporations engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, shall be entitled to a lien upon the goods and property of others that may come or may have come into their possession for the purpose of being manufactured, bleached, mercerized, dyed, printed or finished, or for any other purpose, for the amount that may be due them from the owners of such goods or other property, by reason of any freight advanced or any work or labor performed or materials furnished in and about the manufacturing, bleaching, mercerizing, dyeing, printing or finishing or otherwise treating or processing of the same or other goods of such owner or owners.
(b) The lien shall not be waived, suspended or impaired by the recovery of any judgment, or the taking of any bill or note, for the money due, for such work, labor or materials and such lien may be enforced as though such judgment had not been recovered or such bill or note taken.
(c) (1) When any person or corporation engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, may have a lien on the goods and property of others that may have come into the possession of such person or corporation for the purpose of being manufactured, bleached, mercerized, dyed, printed, or finished, or otherwise treated and processed, or for any other purpose, and the amount due on the goods or property shall remain due and unpaid either in whole or part for the space of two (2) months after the same becomes due and payable, it shall be lawful for the person or corporation having the lien to expose the cotton, silk, artificial silk, wool, synthetic fibers or goods and property for sale at public auction, upon a notice of sale being first published for the space of two (2) weeks, at least once in each week, preceding the day of sale, in some newspaper published in the county in which the goods or property are located, and also upon five (5) days' notice of sale set up in three (3) or more public places in the county, one (1) whereof shall be in the town or city, if any, in which the goods or property are located; and, if the residence of the owner or owners can be ascertained, a copy of the printed notice shall be mailed to the owner or owners at least five (5) days before the day of sale.
(2) The proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale.
(A) No more of the goods or property shall be sold, if they are easily separated or divided, than shall be necessary, as near as may be, to pay such lien and expense.
(B) The balance of the proceeds of sale of the goods or property, if any, shall be paid or delivered to the owner or owners entitled to the proceeds.
(3) Nothing in this section contained shall be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure.
(4) The lien created by this section shall not continue after the property has been transferred from the lienor.
[Acts 1933, ch. 39, §§ 1-3; C. Supp. 1950, §§ 7983.1-7983.3; T.C.A. (orig. ed.), §§ 64-1504 64-1506; Acts 1988, ch. 825, § 1.]