The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15

section ltSint.-t,U. Subject 10 the pro
visions OF section l6S+n-3l, warehouse
man lien may be enforced
| ~ Against all goods. whenever deposit
ed. belonging to the person VINO Is Iaoe
as debtor for the claims in regard TO when
the lien Is asserted. and
~ Against all goods belonging 10 Others
| when nave been deposited at any time ~
the person who Is liable as debtor for the
claims In regard to which the lien is as.
serted If such person had been so entrusted
WIN the possession OF the goods mat q
| pledge OF the same by him at the time or
! the deposit to one who took the goods IN
good faith for value would have been valid.
| section 16S4m--3l. warehouseman
% By surrendering possession thereof.
go BY refusing to deliver the goods
when demand is made with which he Is
| bound TO comply under the provisions OF
Section 16s4m-32 If negotiable re-
| ceipt IL issued for goods, the warehouseman
| shall have no lien thereon, except for
! charges for storage of those goods subse-
| quent to the date of the receipt; unless the
! receipt expressly enumerates other charges
! for which lien is claimed. In such case
| there shall be a lien for the charges
| enumerated SO far as they are WITHIN the
terms OF section l6s4m-2s, although the
amount of the charges so enumerated Is not
! stated in the receipt.
| Section lGS4mt33. A warehouseman
| having a lien valid against the person de
| manding the goods may refuse TO deliver
! the goods TO him until the lien is satisfied.
| Section l6s4m--34 Whether ware
| houseman has or has not lien upon the
| goods he is entitled to all remedies allowed
| by law to creditor against his debtor for
| the collection from the deposition OF all
| charges and advances which the depositor
| has expressly or impliedy contracted with
! the warehouse man TO pay.
Section 16S4m-35 /. A warehouse
mans lien for a claim which has become
| due may be satisfied as follows:
The Warehouseman shall give written
notice TO the person on whose account the
goods are held. and to any other person
known by the warehouseman to claim an
interest In the goods Such notice shall be
given by delivery in person or by registered
letter addressed to the last known place Of
business or abode of the person to be notl-
ned The notice shall contain
% An itemizcd statement Of the ware
houseman's claim showing the sum due
at the time of the notice and the date or
dates when ii became due.
l2l a brief description of the goods
against which the lien exists.
90 \ demand that the amount OF the
claim as stated in the notice, and of such
further claim as shall accrue, shall be paid
on or before day mentioned not less than
ten days from the delivery of the notice II
1t Is personally delivered. or from the time
when the notice should reach its destina-
tion, according to The due course of post, II
the notice IL sent by mail. and
a, statement that unless the claim is
paid within the time specified the goods
Will be advertised for sale and sold by
ton at a specified time and place.
,, In accordance with the terms of a
notice so given, n sale of the goods by auc-
tion may be had to satisfy any valid claim
Of the warebouseman for which he has a
lien on the goods. The sale shall be had
In the place whore the lien was acquired,
or, if such place is manifestly unsuitable
for the purpose. at the nearest suitable
place
;. After the time for the payment OF the
claim specified in the notice 10 the depositor
has elapsed, an advertisement of the sale,
describing the goods to be sold, and stating
the name of the owner or person on whose
account the goods are held, and the time
ana place OF the sale, shall be published
once week for two consecutive weeks in
n newspaper published in the place where
such sale Is to he held. The. sale shall not
be held less than fifteen DAYS from the
time of the first publication. If there is
no newspaper published in such place. the
advertisement shall be posted at least ten
Gays before such sale In not less than six
conspicuous places therein.
4 From the proceeds Of such sale the
warehouseman shall satisfy his lien in
Guiding the reasonable charges of notice, ad-
yerusement, and sale The balance If any,
OF such proceeds shall be held by the ware
houseman, and delivered on demand to the
person to whom he would have been bound
TO deliver or justified in delivering the
goods.
. At any time before the goods are so
sold any person laiming right of prop
erty or possession therein may pay the
warehouseman the amount necessary to sat
isfy his lien and to pay the reasonable e1-
penses and liabilities incurred In serving
notices and advertising and preparing for
the sale up to the time of such payment
The warehonseman shall deliver the goods
to the person making such payment if he Is
a person entitled. under the provisions of
this act, to the possession of the goods on
payment of charges thereon Otherwise
the warehouseman shall retain possession
Of the goods according TO the terms of the
original contract of deposit
Section 1GStm-36 l. If goods are of
perishable nature, or by keeping will de-
terlSrate greatly in value or by their odor,
leakage. inhammability. or explosive nature,
will be liable to injure other property, the
warehouseman may give such notice to the
owner, or to the person in whose name the
goods are stored, as is reasonable and pos
sible under the crcums tances to satisfy
the lien upon such goods, and to remove
them from the warehouse, and in the event
OF the failure Of such person to satisfy the
lien and to remove the goods within the
time so specified the warehouseman may
sell the goods a t public or private sale with
out advertising
2 If the warehouseman, after reason
able effort. is unable to sell such goods he
may dispose Of them In any lawful manner
and shall incur no liability by reason there
OF.
g. The proceeds Of any sale made under
the terms of this section shall be disposed
Of In the same way the proceeds Of sales
made under the terms of the preceding
section.
Section 1Gs4m-37 The remedy for en-
forcing lien herein provided does not pre-
clude any other remedies allowed by law for
the enforcement OF a lien against personal
property nor bar the right to recover so
much of the warehouseman's claim as shall
not be paid by the proceeds OF the sale Of
the property.
Section lGs4m--3s, After goods have
been lawfully sold to satisfy a warehouse
mans lien. or have been lawfully sold or
disposed OF because Of their perishable or
hazardous nature. the warehouseman shall
not thereafter be liable, for failure to de-
goods n dpnnGlfpr
of the goods, or to a holder Of the receipt
given for the goods when they We're deposit
ed; even If such receipt be negotiable
ceipt may be negotiated by delivery
a. Where. by the terms of the receipt.
the warehouseman undertakes to deliver the
goods to the bearer,
(2) Where. by the terms OF the receipt,
the warehOuseman undertakes TO deliver the
goods to the order of Il specified person. and
such person or subsequent indorsee of the
receipt has Endorsed it In blank to
bearer.
= Where by the terms of negotiable.
receipt, goods are deliverable to bearer, or
where negotiable receipt has been in
dorSed in blank or to bearer, any holder
may indorSe the same to himself or to any
other specified person. and in such case the
receipt shall thereafter be negotiated ouly
by the Endorsement of such indorsee,
Section l6sim-i0. 4 negotiable receipt
may be negotiated by the Endorsement Of
the person to whose order the goods are.
by the terms of the receipt. deliverable.
Such Endorsement may be in blank, to
bearer. or 10 n specified person If in.
dorSed to specified person. It may be
again negotiated by the Endorsement of such
person In blank. to bearer. or to another
specified person Subsequent negotiation
may be made in like manner.
Section ldstm-4l ,, T. a receipt ran na which
tlated ny delivery may be transferred by
the holder by delivery to purchaser or
49,. 49,. .tai,, r,oni,t co,,.t 30 ~,