The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15


Satisfying the warehouseman lien.
Section 16S4m-30. Subject to the pro-
VISIONS OF section 16S4m-31, warehouse
man lien may be enforced
IL Against all goods. whenever deposit
81, belonging to the person who is liable
as deDtor for the claims in regard to which
the lien is asserted, and
W Against all goods belonging to others
Whlch nave been deposited at any time by
The person who is liable as debtor for the
claims N regard to which the lien is as
serted, II such person had been so entrusted
WITH the possession of the goods that a
tne deposit TO one who took the goods in
good Ialth for value would have been valid
section 16S4m-31. A warehouseman
loses MS lien upon goods
ID By surrendering possession thereof,
CD By refusing to deliver the goods
When a demand is made with which he is
this act
Section 1684m-32 Ii a negotiable re-
celpt is issued for goods the warehouseman
snail 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
Tor 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 1es4mM2s, although the
amount OF the charges so enumerated is not
stated in the receipt
section 16S4m-33. warehouseman
having a lien valid against the person de-
handing the goods may refuse to deliver
the goods to him until the lien is satisfied.
Section 1684m-34 Whether a ware
houseman has or has not lien upon the
gooos, he is entitled to all remedies allowed
by law to creditor against his debtor, for
the collection from the depositor of all
charges and advances which the depositor
has expressly or implicitly contracted with
the warehouse man to pay.
Section 16S4m-95 Warah0usn-
mans lien for a claim which has become
due may be satisfied as follows:
Inc 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 oy delivery in person or by registered
letter addressed to the last known place of
business or abode of the person to be noti-
ned The notice shall contain
(1) An ItemiZed statement of the ware
houseman claim showing the sum due
at the time of the notice and the date or
dates when it became due.
% A brief description of the goods
against which the lien exists.
80 A demand that the amount of the
claim as stated in the notice, and of such
Iurtner clalm as shall accrue, shall be paid
on or before day mentioned not less than
ten days from the delivery of the notice if
It is personally delivered, or from the time
Wnen the notice should reach it's destina-
H.,
the notice is sent by mail, and
~ statement that unless the claim is
pald within the time specified the goods
will be advertised for sale and sold by auc-
ton at specified time and place.
2. In accordance with the terms of
notice SO given, sale of the goods by auc-
ton may be had to satisfy any valid claim
OF the Warehouseman for which he has a
in the place where the lien was acquired,
or, II such place is manifestly unsuitable
for the purpose, at the nearest suitable
place.
3 After the time for the payment of the
claim specified in the notice to 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
and place of the sale, shall be published
newspaper published in the place where
such sale is to be 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
days 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-
vert1sement, and SALE The balance if any.
OF such proceeds shall be held by the ware.
houseman, and delivered on demand to the
TO deliver or justified in delivering the
goods.
5. AT any time before the goods are SO
sold any person claiming a right of prop
erty or possession therein may pay the
warehouseman the amount necessary to sat
lsfy his lien and to pay the reasonable ex-
penses and liabilities incurred in serving
notices and advertising and preparing for
the sale up to the time of such payment
The warehouseman shall deliver the goods
TO the person making such payment if he is
a person entitled, under the provisions of
TINS 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 l684m-36. l. If goods are of
a per1shable nature, or by keeping will de-
terlsrate greatly in value, or by their odor,
leakage in1ammability, 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
slDle under the circumstances 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 at public or private sale with
out advertising.
2. If the warehouseman after a 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.
3. The proceeds of any sale made under
the terms OF this section shall be disposed
or In the same way as the proceeds of sales
made under the terms of the preceding
section.
Section 16s4m-37. The remedy for en-
forcing lien herein provided does not pre-
clude any other remedies allowed by law for
the enforcement of lien against personal
property nor bar the right to recover so
much OF the WarehouSeman claim as shall
not be paid by the proceeds of the sale Of
the property.
Section 16s4m-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-
liver the goods to the deposition, or owner
given for the goods when they were deposit
ed, even II such receipt be negotiable.
Section 1684m-39. /. A negotiable re-
ceipt may be negotiated by delivery
!, % Where, by the terms of the receipt,
the warehouseman undertakes to deliver the
goods to the bearer, or
(2) Where, by the terms of the receipt,
the warehouseman undertakes to deliver the
goods to the order of a specified person. and
such person or subsequent indorsee of the
receipt has Endorsed it in blank or to
bearer.
2. Where, by the terms of a 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 only
by the Endorsement of such indorsee.
Section 16S4m-40. 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 to specified person. If in
dorsed to, specified person, it may be
again negotiated by the Endorsement of such
person In blank, to b,arer, or to another
specified person. Subsequent negotiation
NAV be made in like manner.
Section 16S4m-41 l. A receipt which
L. pot in e,,oh for,, II oon ha ,,aro