Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1863-05-30
TPubiished April Ii, 1868. ]
CHAPTER 81.

AN ACT relative 10 principals and factors or
agents.
The D; ople Of the state Of Wisconsin, repre-
:ented in senate and assembly, do enact as
follows:
Section | After this act shall take effect,
every person III whose name any n.erchan-
die slall be shipped shall be deemed the
true owner thereof, so far as TO cntitle the con.
sigpee of such merchandise to lien thereon,
| For any money advanced or negotiable Sc
curly given by such consignce. to or for the
use of the person in whose anne such ship
ment shall have been mIle ; aud. ,. For any
money or negotiable security received by the
person in whose name such shipment shall
have been made, to or for the use of such con
sgnee.
Sec , The lien provided for in the pre,ed-
inc section shall not exist " hen such con.
siguee shall have notice, by the bill of lading
or otherwise. at or before the advancing of
any money or security by him, or at or be-
fore the receiving of any such money or secu-
ritv by the person in whose name the ship
ment Shall have been made. that such person
is not the actual and bona fide owner thereof.
Sec , Every factor other agent cntrust-
ed with the possession of any bill OF ladlng,
custom house permit or warehouse keeper
receipt, for the delivery fanny such merchan.
disc. and every soch factor or agent not hay
ing the documentary Evidence of title. who
shall he entrusted with the possession of any
merchandise for the purpose of sale, or as Sc
curitv for any advances to be made or obtain
ed thereon. shall he deemed to BE- the true
owner thereof, 81 far rs 10 give validity To any
/ contract made by such agent with any other
! person. for the sale or disposition of the
| whole OF any part OF such merchandise, for
any money advanced or negotiable instrument
/ OF other obligation in writing given by such
/ other person upon the faith thereof
Sec 4. Every person who shall hereafter
| accept or take any such merchandise in de
post from any such agent. as a security for
/ any antccedent debt or demand. shall not
! quire thereby or enforce any right on interest
! in or to such merchandise or document, other
/ than possessed or might have been enfor
! ctd by such agent at the time OF such deposit
Sec ). Nothing contained in the two last
preceding sections of tins act. shall be constru
ed 10 prevent the true owner of any merchan-
disc so Deposited from demanding or receiv
ing the same upon repayment of the money
! advanced oil on restoration of the security Civ
I en- on the deposit OF such merchandise and
/; upon satisfying such lien as may exist there
| on in favor OF tie agent who NAV have depos
tied the same. nor from receiving any balance
which may remain in the hands of the person
! with whom such merchandise shall have been
deposited, as the produce Of the sale thereof
after satisfying the amount justly due to such
person by reason of such depos t.
Sec +. Nothing contained in this act shall
authorize n common carrier, warehouse keep
er or other person t" whom merchandise or
other property may be committed for trans
Portation or storage only, 10 sell or hypothe-
! cate the same.
Sec I. Every factor or agent whe shall de-
! post any merchandise entrusted or consigned
to him. or ANY document so possessed or en-
trusted as af,resail,as 4 security for any non-
ey borrowed or negotiable instrument receiy-
ed by such fctor or agent, and shall apply
! or dispose of the same ia his own use, contIa.
nv to good faith and with intent to defraud
the true her. and svvTy factor or agent w no
shall sell any merchandise entrusted con-
signed to him. in like manner and with like
fraudulent intent, and every other PERSON W lo
shall knowingly conniye with with or aid or
assist any such factor Or agent in any such
| fraudulent deposit or sale, shall be deemed
guilty of Il miSemeinor, and upon conviction
thereof shall be punished by fine and impris-
onnent al the discretion of the court in which
such conviction shall take place.
| Approved March %, 1863.