Objects in Temporary Custody

Objects in Temporary Custody. A. Policy: The Museum Division distinguishes between objects loaned to the Museum Division for exhibition and/or research and objects deposited in the temporary custody of the Museum Division for purposes such as identification, examination (including copying and/or photography), or proposed acquisition. Conditions governing objects in temporary custody of the Museum Division are printed on the form as follows: The Museum Division fully complies with Mississippi’s Museum Unclaimed Property Act (Mississippi Code 1972 Annotated, Section 39-19-1) and hereby notifies all lenders of said act. 1. Care and Preservation: The Museum Division shall experience the same care of the object(s) covered by this receipt as it does in safekeeping of comparable Museum Division objects. 2. Endorsement: Attributions, dates, and other information shown on the face of this receipt are not to be considered appraisals or official opinions by the Museum Division. The fact that an object(s) has (have) been in the Museum Division's custody shall not be misused to indicate Museum Division endorsement. 3. Photography: Object(s) may be examined, photographed, and/or copied by the Museum Division for its own purposes, but will not be restored, treated, or otherwise altered without written permission of the Depositor. 4. Ownership and/or Address Change: a. In forwarding imported object(s) for deposit, the Depositor is required to comply with all government regulations. If the Depositor has knowledge of specific conditions governing the object(s), such as copyrights, liens, etc., they should inform the Museum Division thereof. b. If there is a change in the identity and/or address of the Depositor or the owner, the Museum Division must be notified promptly in writing. c. Object(s) must be claimed on or before the return date noted on the face of the receipt by the Depositor. If one other than the original Depositor claims object(s), the Museum Division reserves the right to request proof of legal authority to receive the material before object(s) will be released. 5. Return of Objects: a. If the object(s) is (are) to be returned to the Depositor by mail or other carrier, the Depositor will be sent an outgoing receipt at the time of shipment. Failure to sign and return said receipt within thirty days of shipment of said object(s) shall release the Museum Division from any further liability for the deposited property. b. If the Depositor fails to collect the object(s) or if delivery cannot be affected after the removal date, the Museum Division will mail the Depositor at its address of record an official notice to remove. The Museum Division assumes no responsibility to search for a depositor (or listed owner) not located at the address of record. If after five years from the removal date noted on the face of the receipt, such property shall not have been reclaimed, then, the Museum Division may seek title to the unclaimed property through Mississippi’s Museum Unclaimed Property Act. 6. Donation of Objects: In the event that the object(s) is (are) being offered for sale or donation to the Museum Division, the Depositor, in the absence of written notice to the Museum Division to the contrary, warrants that they, upon request, are prepared to sign a Deed of Gift passing full and clear title to the object(s), including any copyright interests. B. Procedures: If such temporary custody of an object is needed, then a Temporary Custody Receipt for a maximum period of ninety days should be signed and dated by the object's owner and either the director of collections, the director of curatorial services, or the Museum Division director, the Department Director, or their designee. The Temporary Custody Receipt will list the purpose of the deposit, the specified time period of the deposit (not to exceed ninety days), the method of return, and the terms of the custody. The director of collections, or their designee will be responsible for returning the object(s) to the owner according to the terms of agreement of the custody and for documenting the return. The collections staff will monitor all temporary custody objects, document the safe return of such objects to owners (unless the object(s) was (were) a proposed acquisition subsequently accepted and accessioned into the collection), and maintain complete, up-to-date records on temporary custody objects filed by the calendar year in which the temporary custody was made. The Museum Division will make all reasonable efforts to return borrowed objects to the Depositor in accordance with the terms outlined in the Temporary Custody Receipt and in accordance with Mississippi’s Museum Unclaimed Property Act. According to this law, the Depositor must notify the Museum Division of any change with the object’s ownership or in the Depositor’s address while the object is in the custody of the Museum Division. If the object(s) is (are) to be returned by mail or other carrier, the object(s) will be shipped to the owner at the Museum Division’s expense by restricted certified mail or other means that requires a receipt to be returned to the Museum Division certifying that the package has been received. The Depositor will be sent an outgoing receipt at the time of shipment. Failure to sign and return said receipt shall release the Museum Division from any further liability. If the Depositor fails to collect the object(s) or if delivery cannot be affected after the removal date, the Museum Division will mail the Depositor at its address of record an official “notice to remove.” The Museum Division assumes no responsibility to search for a Depositor, or listed owner, not located at the address of record. After making all reasonable efforts and through no fault of its own, if the Museum Division is unable to return the object(s) within sixty days of the termination of the temporary custody agreement, then the Museum Division will have the right to place the object(s) in storage. If after five years from the removal date noted on the face of the receipt, such property has not been reclaimed nor has the Museum Division received written communication from the Depositor, Depositor’s successor, or persons authorized to represent the Depositor, the Museum Division shall terminate the loan following the provisions of Mississippi’s Museum Unclaimed Property Act. Once the provisions of Mississippi’s Museum Unclaimed Property Act have been fulfilled, title to the unclaimed loan passes to the Museum Division and the object(s) shall become the property of the Museum Division.