The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-10
The Factors and GUm,missiOn Mer-
chants Hill.

| chant'S HilI.
! Section 1. Be it enacted by the Legislature
of the state of Texas: Tlat every person il
whose namo any cotton, sugar, produce Oh
merchandise of any kind shall DO shipped
shall be Ndeemed the true owner thereof sc
far as TO entitle the consignee of such mer-
chandise to lien thereon for any money ad-
yanced, or negotiable security given by such
consignee TO or for the use of the person in
whose name, such shipment shall have beer
made.
Section 2. The lien provided for in the
preceding section shall not exist, where such
consignee shall have notice, by the bill OF
fading, or otherwise at or before tho advanc-
ing Of any money or security by him, or
or before the receiving of such money or
security by the person in whose name the
shipment shall have been made, that such
person ir not the actual and bona fde owner
thereof.
Section 5 Every factor, commission mer-
chant, or other agent entrusted with the
possession of any bill of lading, custom
house permit, or warehouse keepers
receipt for the delivery of any
such merchandise, and every such
factor or agent not having the documentary
evidence, o. tiile, who shall be entrusted with
the possession Of any merchandise for tho
purpose of sale, or as u security for any ad-
Yances 10 be made or obtained thereon, shall
be deemed TO be the true owner thereof &C
for rs to give validity 10 any contrat made BY
such ageat with any other person for the
sale OF disposition of the whole or any pari
of such merchandise. or the said bill Of
lsding, permit or receipt for the same, for
any money advanced, or negotiable instru-
ment or other obligation in writing given
by such other person upon the faith thereof.
Section Every person who shall here.
after accept or take any such merchandise in
deposit from any such agent, as security
for any antecedent debt or demand, shall
not acquire thereby, or enforce any right or
interest in or TO such merchandise or docu-
ment, other than was possessed sor might
have been enforced by such agent, at The
time of such deposit.
Section 8. Nothing contained in the two
last preceding sections of this act shall be
construed TO prevent the truo owner Of any
merchandise 80 deposited, from demanding
or receiving the same upon repayment OF The
money advanced, or on restoration of the
security given, on the deposit of such mer-
chanuise md upon satisfying such lien rs
my exist thereon in favor Of the agent who
may have deposited the same, nor from re-
covering sny balance which may remain IN
the hands of the person with whom such
merchandise shall have been Deposited, as
the proceeds Of the ,ale hereof, after satis-
flying tho amount justly due to SUI person
by reason OF such deposit.
Section G. Nothiug contained In this act
shall authorize Il common carrier, warehouse
keeper, or OLDER person 70 whom mefchAD-
diso or other properly may be committed
for irtnsportstion or storage only TO soil or
bypoihsoate the same.
SecaioD Z. Every factor, commission mer-
chant or other agent who shall oepOslt nhy
mefcbandise entrusted or consigned 10 bim
or any document 90 posie...d r entrusted
rs sfore nil il which such agent hss no right
w owner, or for sdvsnces made thereon.
ne security for Sny mon'y borrowed
or negotiable instrument received by
such factrr or hg6n, without tho express
consent Of the owner Of such mechanics;
and every such fsctor, commission mefcaaHt
or Oiner agent who sbHil Contrary w thr
express written initruc.ion. Of the owner sell
aiy merchandise entrusted or consigned 10
hiIn 10 winch eacn agont has NJ risht SO
owner, or for advances MADE thereo' ana
e .ery person wh1 thall Knowingly connige
with. ur lid, or assi4t sny ,uca iactoE com
m ssion merchant n Other sgsnt Va soy such
dcpo,it or "a q shall be deemed guilty Of
misdemeanor and upon conviction thereof
shall be punished by fine moi more than oae
thousand dollars, not iers than two hundred
dollsrs.