The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-05-10

sghee I'd lien thereon,in respect OF any monev
or othe. property advanced or given, to or 10
the use of such reputcd owner, or received b,
him to TIE use of such consignee in the lik,
manner, to all iDtents and purposes, as if suct
! person were the true owner thereof: Provided
that such consignee, shall not have notice b.,
the bill of lading, for the delivery of such
goods, or otherwise, at or before the time O
such advance of money, or other property by
him, that the person so shipping in his owr
name, or in whose name such goods were
shipped, is not the actual, and bona fide own
er or proprietor Of such goods, or in case O
such receipt Of money or other property. by
such reputcd owner, to the use Of the consig-
nee, taat The consgnee shall not have had
such notice as aforesaid, in season to enable
him to countermand or prevent such rece:p,
by the reputed owner. .4nd prorjGed also.
that the person in whose name, any such
| goods are so shipped, shall be taken, for the
purposes of this Act, TO Lave been entrusted
Herewith, for the purpose Of consignment. o,
OF sale, unless the contrary thereof shall be
made to appear. or be shewn in evidence. bv
any person disputing such fact.
SEC. 2. Be it further enacted. That any
person entrusted with, and in possession of.
any goods delivered 10 him, for the purpose OF
sale. and any person entrusted with, and in
possession OF, any bill of lading, Receipt. or
Certhcate OF Warehouse Keeper, or In
spector, or any warrant, or order, Tor the de-
livery OF goods, shall be deemed and taken 10
be the true owner OF such goods, or of the
goods mentioned and described in such docu-
ments,respectiveiy, so far as 10 give the same
validity force, and effect TO any contract
| thereafter entered into by him, with any other
person for the sale or disposition of the same
| ar min
curity for any money, or other property adj
vaneed, or given upon the faith of such goods
or of such several documents, or either ~
them, as if the same contract had been CO
made by the bona fde owner of such goods
ffortded, that the person SO contracted with.
snail not have notice by such documents or
olherWise, that the person so entrusted az
Aforesaid, is not the actual and bona 6de own
CT.
SEC. 3. Bed further enacted, That it shall
be lawful for any person to contract with any
agent entrusted with any goods, or 10 whom
the same may be consigned, for the purchase
OF such goods, and to receive the same, and
| pay for them, TO such agent, and such con.
tract and payment shall be binding and good.
notwithstanding the purchaser shall have
! notice that the person making such contract.
! orin whose behalf the same is made. is an
agent: Provided, that such contract and paw
ment be made in the usual and ordinary
course of business, and that the purchaser
shall not, when such contract is entered into.
or such payment made, have motto. that such
agent is not authorized to sell the said goods,
or to receive the said purchase money.
| SEC. a. Be al further enacted, That moth.
] ing contained in this act, shall be deemed or
constructed 10 prevent the true owner of any
irh de
| from demanding and recovering the same from
his Factor or agent, before The same shall
have been so sold, deposited or pledged, nor
| to prevent such owner from demanding and
receiving from any such purchaser, the sum
agreed 10 be paid for the purchase of such
goods, subject to any right of set off, on the
| part OF such purchase against such Factor or
| Agent, nor to prevent such owner from de-
manding and recovering such goods, from any
person with whom the same may have been
SO deposited or pledged, as security for any
money or other property ad7anced as afore-
said, upon repayment of such money or res
toration Of such other property so advanced,
! together with such further sum as shall with
The amount so advanced, by such depository
or pawnee, be equal 10 the money or other
property, if any, advanced by such Factor or
| Agent to such owners, or TO the amount FIR
which such Factor or Agent has a lien ON the
same goods nor to prevent such owner from
recovering from such depository or pawnee
any balance or sum OF money remaining in
his hands, as the produce Of the sale of such
goods, after deducting thereout the amoun,
Of the money or other property so advanced
And the amount so set off and retained bv
such purchaser, or paid by such owner on re.
deeming such goods, or in any manner allow
ed by him, on recovering the same, or The
produce of the sale thereof, shall be deemed
and taken as so much paid by him, to and
for the use Of such Factor or Agent,
SEC. S. Be ii further enacted, That IN
case any person shall accept, or take any
such goods or documents in deposte, or pledge
from any person entrusted therewit and r.
possession thereof, as mentioned in the twc
FIRST sections of this act, without notice a,
aforesaid, as security for any debt or de-
mands contracted or due, before the time q
such deposite or pledge, or if any person shall
accept any such goods or documents in de-
poslte or pledge, from any Agent or Factor
knowing him TO be such, as security 70,
any lawful debt or demand whatsoever: then
and In each Of the cases aforesaid, the per
son SO accepting and taking such goods o.
documents, shall acquire no further or otbe
right, title, or interest in, and TO such vood
or documents than was possessed, or could O
might have been enforced by such Factor q
/ Agent at the time Of such deposite or pledge
but the person so accepting and taking sncl
goods or documents in deposite or PLEDGE
shall and may acquire, possess and euforc,
such right, title, and interest, in and to IN,
same, as was possessed, or could have bee,
} enforced by such Agent or Factor.
SEC. 6. Be ii further enacted, That
any such Factor or Agent, after the da,
, Of next, shall deposit or pledge any goods
} wares or merchandise, or any such docunen
relating thereto, as is above mentioned, which
shall have been entrusted or consigned a
r aforesaid, to his care or management, will
any person, as security for any money, o
other property borrowed, or received by sucl