The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-21


| possession from one person TO another.
| "Diyisible contract 10 sell or sale"
! means contract TO sell or a sale in which
by it's terms the price for a portion or
portions OF the goods less than the whole
| Is fixed or ascertainable by computation.
| Document OF title 10 goods" includes
| any bill OF lading, dock-warrant ware
! house receipt. or order for the delivery OF
goods or any other document used in the
| ordinary course OF business In the sale or
| transfer OF goods. proof OF the posses
| sion or control OF the goods. or authoriz-
ing or purporting To authorize the posses
| sor OF the document 10 transfer or re-
| ceive, either by endorsement or by deliv-
cry. goods represented by such document.
| Fault" means wrongful act or default.
"Fungible goods" means goods OF which
any unit is from its nature or by mercan-
tile usage treated as the equivalent OF any
| other unit
Future goods" means goods to be man
ufactured or acquired by the seller after
| the making of the contract OF sale.
| Goods" include all chattels personal
, other than things i'm action and money.
| The term includes emblements. industrial
| growing crops. and things attached TO or
forming part OF the land which are agreed
TO be severed before sale or under the con-
| tract OF sale.
Order" in sections OF this act relating
| TO documents OF title means an order by
Endorsement on the document.
| Person includes corporation or part
| nership or two or more persons having
| Joint or common interest
| Plaintiff" includes defendant asserting
| right OF set-off or couffterClaim.
| Property" means the general property
in goods, and not merely special prop
| erty.
Purchaser includes mortgage and
| pledgee.
gagee or as pledgee.
Quality of goods" includes their state
| or condition.
sale" includes a bargain and sale as
we'll as sale and delivery.
| Seller" means a person who sells or
] agrees to sell goods any legal success
\ sor I'm interest OF such person.
Il Specific goods means goods Identified
and agreed upon at the time a contract TO
| sell or a sale is made.
| VALUE" is any consideration sufficient
10 support a simple contract An antece-
dent or pre-existing claim. whether for
money or not, constitutes value where
goods or documents OF title are taken
either i'm satisfaction thereof or as secu-
rty therefor.
(2) A thing is done "in good faith"
within the meaning of this act when II
is I'm fact done honestly, whether IL be
done negligently or not.
90 A person Is insolvent within the
meaning OF this act who either has ceased
TO pay his debts I'm the ordinary course OF
business or can not pay his debts as they
become due. whether he has committed an
act OF bankruptcy or not, and whether he
is insovent within the meaning OF the
federal bankruptcy law or not
a. Goods are i'm a deliverable state"
within the meaning OF this act when they
are in such a state that the buyer would,
under the contract. be bound to take de-
livery of them.
Sec 7.-fInconsistent Legislation Re
pealed.l All acts or parts Of acts incon-
sistent with this act are hereby repealed.
Sec. 7s-tTime when the Act Takes Ef-
fectl This act shall take effect op the
first day OF July one thousand nine hun
dred and eight
Sec 7s-[Name Of Actl This act may
be cited as the sales act.
CHAPTER l549.
AN ACT to Make Uniform the Law OF
Warehouse Receipts
passed April 80 190s)
II Is enacted by the General Assembly as
follows:
PART l.
THE ISSUE OF WAREHOUSE RE
CEIPTS
Section L-fPersons who may Issue Re
ceipts.l Warehouse receipts may be is
sued by any warehouseman
Sec. 2-[Form OF Receipts. Essential
Terms.l Warehouse receipts need not be
in any particular form, but every such
receipt must embody within it's written or
printed terms
(a) The location Of the warehouse where
the goods are stored,
(b) The date of issue OF the receipt.
(c.) The consecutive number OF the re-
ceipt
Id A statement whether the goods re-
ceived will be delivered TO the bearer. 10
a specified person, or TO "A specified person
or his order,
(e) The rate OF storage charges.
d) A description Of the goods or OF the
mn elxa
(g) The signature OF the warehouseman.
which may be made by his authorized
agent,
(h) IL the receipt is issued for goods OF
| which the warehouseman Is owner either
solely or Jointly or In common with 9th
ers the fact Of such ownership. and
| ID A statement OF the amount OF ad-
vances made and OF liabilities incurred for
which the warehouseman claims lien
| II the precise amount OF such advances
made or of such liabilities incurred is, at
the time OF the issue OF the receipt, un-
| known TO the warehouseman or TO his
agent who issues IT, statement OF the
fact that advances have been made or liza
biIities incurred and the purpose thereof
IL sufficient.
A warehouseman shall be liable TO any
person injured thereby. for all damages
caused by the omission from a negotiable
receipt Of any Of the terms herein re-
Quired.
Sec. 3.-TForm OF Receipts. what Terms
| May be Inserted a warehouseman may
| insert In receipt, issued by him, any
other terms and conditions. provided that
such terms and conditions shall not
Ia BE contrary TO the provisions or
this act.
| o. In any wise impair his obligation to
| exercise that degree Of care In the safe
| keeping OF the goods entrusted to him
which a reasonably careful man would ex-
ercise in regard 10 similar goods OF his
| own.
Sec. 4-fDefnition OF Non Negotiable
Receipt a receipt In which II Is stated
that the goods received Will be delivered
10 the depositor. or to any other specified
| person. Is a negotiable receipt.
| Sec 5.-IDefnition OF Negotiable Re
ceiptl a receipt In which IL is stated that
/ the goods received Will be delivered 20
| the bearer or TO the order Of any person
named I'm such receipt. is a negotiable re-
ceipt.
No provision shall be inserted in n ne
gotiable receipt that II Is non-negotiable.
Such provision. II inserted. shall be void.