Keepers of apartment houses, apartments, cottages, mobile homes, or bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants and guests in and to all property in the possession of such tenants or guests which may be in such apartment house, apartment, cottage, mobile home, or bungalow court, for the proper charges due from such tenants or guests, for their accommodation, rent, services, meals, and such extras as are furnished at their request, and for all moneys expended for them, at their request, and for the costs of enforcing such lien, with the right to the possession of such baggage and other property of value until such charges are paid, and such moneys are repaid. Unless such charges shall be paid and unless such moneys shall be repaid within 60 days from the time when such charges and moneys, respectively, become due, said keeper of an apartment, cottage, mobile home, or bungalow court, may sell said baggage and property, to the highest bidder, at a public auction, held within ten days after giving notice of such sale by publication of a notice containing the name of the debtor, the amount due, a brief description of the property to be sold and the time and place in a newspaper published in Guam, and also by mailing, at least 15 days prior to the date of sale, a copy of such notice addressed to such tenant or guest at his post office address, if known, and if not known, such notice shall be addressed to such tenant or guest at the place where such apartment, apartment house, cottage, mobile home, or bungalow court is situated; and, after satisfying such lien out of the proceeds of such sale together with any reasonable costs that may have been incurred in enforcing said lien, the residue of said proceeds of sale, if any, shall, upon demand made within six months after such sale, be paid by

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18 Guam Code Ann. BUSINESS STRUCTURE & FUNCTION
CH. 41 DEPOSIT FOR KEEPING

said keeper of an apartment, apartment house, cottage, mobile home, or bungalow court to such tenant or guest; or if not demanded within six months from the date of such sale, said residue, if any, shall be paid into the treasury of Guam; and if the same be not claimed by the owner thereof, or his legal representative within one year thereafter, it shall be paid into the general fund of the said treasury; and such sale shall be a perpetual bar to any action against said keeper of an apartment, apartment house, cottage, mobile home, or bungalow court for the recovery of such baggage or property, or of the value thereof, or for any damages, growing out of the failure of such tenant or guest to receive such baggage or property.

This section does not apply to:

(a) Any musical instrument of any kind or description which is used by the owner thereof to earn all or part of his living.

(b) Any prosthetic or orthopedic appliance personally used by a tenant or guest.

(c) Table and kitchen furniture, including one refrigerator, washing machine, sewing machine, stove, bedroom furniture, one overstuffed chair, one davenport, one dining table and chairs, and also all tools, instruments, clothing and books used by the tenant or guest in gaining a livelihood; beds, bedding and bedsteads, oil paintings and drawings drawn or painted by any member of the family of the tenant or guest, and any family portraits and their necessary frames.

(d) All other household, table or kitchen furniture not expressly mentioned in paragraph (c), including but not limited to radios, television sets, phonographs, records, motor vehicles that may be stored on the premises, except so much of any such articles as may be reasonably sufficient to satisfy the lien provided for by this section; and provided further, that such lien shall be secondary to the claim of
any prior bona fide holder of a chattel mortgageo on and the rights of a
conditional seller5 of such articles, other than the tenant or guest.

SOURCE: CC § 1861a added by P.L. 9-245.
COMMENT: o 5 Both chattel mortgages and conditional sales have been abolished by
P.L. 13-150 and replaced by Title 13 of this Code (UCC).