The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-03
A BILL.

A BILL
To be entitled, can Act Concerning Factors
and Commission Merchants" In the SEN
ate.
Section l. Be it enacted by the legisla'
ture of the State of Texas--that every person
in whose name any cotton, sugar, produce
or merchandise of any kind shall be ship
ped, shall be deemed the true owner thereof
so far as, to entitle the consignee of such
merchandise to a lien thereon for any money
advanced, or negotiable security given by
such consignee to or for the use of the per-
son in whose name such shipment shall have
been made.
Section 2. The lien provided for in the
preceding section shall not exist, whore such
consignee shall have notice, by the bill of
lading, or otherwise. ct or before the adj
vsncing of any money or security by him, or
at or before the receiving Of such money or
security by the person in whose name the
shipment shall have been made, that such
person is not the actual and bona tide owner
thereof.
Section 8. Every factor, commission
merchant, or other agent entrusted with the
possession of any bill of lading, custom house
permit, or ware house keepers receipt for
The delivery Of any such merchandise, and
every such factor or agent not having the
documentary evidence OF TUE, VINO snail be
entrusted Wlth tee possession" Oh any nerchan-
disc for the purpose q saie, or as security
for any advances to be made or obtalued
thereon, shall be deemed to be the true
owner thereof SO far as to give validity to any
contract made BY such agent with any other
person LOT sne sa'e vi ulspsisiu,. % sn1 wiois
unS ps.o VI i9 ~ s'io ssiu
elii VI iaulug, poialis VI ,ooeps toi III S,'iho'
ior ally money suYsuoea; VI nosg;suoie ~,
s.ruinJnt VL o'ner oousas'ou ~ ~ ea;t saeee
W So es,'oi wy IN vi 49,
ofr.r acce,t mr. talre apv snch merchandisa in
deposit from any such agent, as a security for
any antecedent debt or demand, shall NOT ac-
quire thereby, or enforce any right or interest
in or to such merchandise or document, other
thau was possessed or might have been
enforced by such agent at the time of such
deposit.
Section 5. Nothing contained in the two
last preceding sections of this act shall be
construed to prevent tho true owner of any
merchandise so depoited, from demanding or
receiving tho same upon repayment of the
money advanced, or on restoration Of the
security giyen.on the deposit ofsuch merchah.
disc and upon satisfying such lien as may
exist thereon in favor of the agent who may
have deposited the same, nor from recover.
ing any balance which may remain in the
hands of the person with whom such mer-
chandise shall be deposited, as the proceeds
OF the sale thereof, after satisfying the
amount justly due to such person by reason
of such deposit
Seotion 6. Nothing contained ia this act
shall authorize a common carrier, warehouse
keener or other nerson 20 whom merchsn-
sis or other property may be committed for
transportation or storage only TO sell or n.y.
pothecate the same.
s1rRsrrrurr.
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byoenaIorS tuoos;I-oecllon T. EVory lac
tor OF agent VINO snali uePusN any nercnan'
olse lntrus.ea OF Gons,gneu 70 Slm OF eny uGS'
ulnehs 80 ,osssseu VI oli.'usseg as A'oa.alI,
Us asecuiisj ior Any ooIIVWe! VI hogosiooio