The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-05-07
Published ApriI IA 1851
CHATTER 81.
AN ACT relative to principals, and factors 0
agents.

AN ACT relative to principals, and factors or
agents.
The DeoDieOfAe state of Wisconsin, represented
an senate and assembly, do enact as toHo~$:
Sac After this act shall take effect, every
person in whose name any merchandise shall be
Ebirped, shall be deemed the true owner thereof,
so far as to entitle the consignee OF such merchah-
dice 20 a lien thereon, l. For any money advanced
or negotiable security given, by such consignee.
tn or for the use OF the persoa in whose name sucl
shipment shall have been made; and, 2, For any
NONE, or negotiable security received by the
person In whose name sucb,s ipment shall have
been made, to or for the use of such c. nsignee.
Sec. 2 The lien provided for in the preceding
section shall not exist when such consignee shall
have notice, by the bill OF
lading or otherwise, at or before the receiving Of
such money or security by the person IN whose
name the shipment shall nave been made, that
such person is not the actual and tone tde owns
er thereof.
Sec. 8. Every factor or other agent entrusted
with the possession OF any bill OF ladiBg CUSTOM
house permit, or warehouse keepers receipt, tor
the delivery of any such merchandise. aud every
such factor or agent not having the documentary
evidence Of title, who shall be entrusted with the
purpose of sale, or as security for any adVanta
yes to be made or obtained thereon shall be deemh
ed to be the true owner thereof, so lar as 10 give
validity TO any contract made by such agent with
any other person for the sale or disposition ofthe
whole or any part Of such merchandise, for any
money advanced or negotiable instrument or Oth~
er obligation III writing gwen by such uther per-
son upon the faith thereof
Sec. 4 Every pc son who shall hereafter ac~
cept or take any such merchandise ~ deposit
from any sub agent, as Il security for amy Hnft~
cedent tor any debt or demand, shall moi acquire
thereby or enforce any right "r interest 10 or to
such merchant 50 or document, other than was
possessed or might have been eniOrcet Oy such
agent at the time Jt such deposit
sec. 5. Nothing contained in the two last pres
ceding sections of this act, shall be construed tn
prevent the true owner of any merchandise so de-
posted, from demanding or receiving the same
upon repayment of the money advanced or on
restoration of the security given ON the deposit at
such merchandise, and upon satisfying such lien
as may exist thereon in favor Of The agent who
may have deposited the same, nor from receivers
ing any balance which may remain in the hands
of the person with whom such merchandise shall
have been deposited, az the produce of the sale
thereof, after satisfying the amount justly due 10
such person by reason OF such deposit.
Sec. 8. Nothing contained in this act shall au-
thorize a common carrier, warehouse keeper or
other person to whom merchan disc or other prop
erty may be commltte ed for transportation or stOr-
age only, to sell or hypothecafe the sam9
sec. Z. Every tuCtOr or agent who shall depns-
it any merchandise entrusted or consigned TO him,
Or any dOcume Mt 50 possessed or entrusted as
Aforesaid, "a a security for any money borrowed
or negotiable interest received by such factor or
agent, and shall apply or dispose Of the same to
has Cwn use, contrary to good Idlth. and with in
tent to defraud the true Wner. and every factor
or entrusted to him, in like manner, aud with like
intent, and every other person who shall
knowingly connive with OF aid or assist any such
factor or agent in any such fraudulent deposit oil
sale shall be deemed guilty of m-isdemeanor, aud,
upon conviction thereof, shall be punished by fine
and Imprisonment, at the discretion of the court
in which conviction shall take place.
Approved March %, 1868.