The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-05

consignee to or for the use of the person r
whose name, such shipment shall have beer
made
Section .. The lien provided for in the
preceding section shall not exist, where such
consigneo shall have notice, by the bill Of
ladng, or otherwise, at or before the adyauc-
ing of any money or security by him, or al
or before the receiving of such money OF
security by the person in whose name the
shipment shall have been made, that such
person is not tho actual and bona fde owner
thereof.
Section 8. Every factor, commission MGR.
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 tho documentary
evidence, or title, who shall DO entrusted with
the possession Of any merchandise for the
purpose of SALE or us a security for any ad-
Tsncts to be made or obtained thereon, shall
be deemed TO be the true owner thereof SO
for as to give validity to any contrat msde by
such agent with any other person for the
sale or disposition of the whole or ANY part
OF such merchandise, or the said bill of
lading, 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 A Every person who shall here
after accept or take any such merchandise in
deposit from any such agent, as u 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 or might
have been enforced by such agent, at Lha
tima Of such deposit.
Scooter s. Nothing contained in the two
last preceding sections of this act shall DO
construed 10 prevent the true owner of any
merchandise SO 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-
chsndlse and upon satisfying such lien rs
may exist thereon Ia favor Of the agent who
may have deposited tho same, nor trOm 70
covering my balance which may rcmeln IN
the hands Of the person with whom such
merchandise shall nave been deposited, as
the proceeds of the salo thereof, after salts
flying the amount justly Gre to such per,o1
by reason of such deposit.
Section t. Nothing contained ia this act
shall authorize common carrier, warehouse
keeper, or other person to whom merchsn-
cise or other property may b3 committed
for transportation or storage only to sell or
hypothegata the same.
SecLio0 I. Every factor, commission mer-
chant or other sgent who shall deposit any
merchandise entrusted or consigned TO him
or any document So possessed or entrusted
rs aforesaid in which such agent has no right
Ms owner, or for advances made thereon,
as security for any money borrow
or negotiable instrument received by
such factor or agent, withou. ths express
consent Of the owner of such morchsndise;
and every sucn factor, commission merchant
or other ageut who shall contrary to the
express written instructions of the owner sell
any merchandise entrusted OF consigned 10
him in which such agent has no right rs
owner, or for advances made thereof; and
every person who shall knowingly conniye
with, or MD, or assist any such factor, com
mission merchant or other agent in any such
depos! or sale shall lie deemed guilty Of Il
mls5emeanoc aud upon conviction thereof
shall be puhisned by fine not more than one
thousand dollars, not less than two hundred
dnl.r,