The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
The consecutive number of the


received will be delivered to the bear
er, to specified person, or to a spec
flied person or his order,
(e) The rate of storage charges,
(D A description Of the goods or
of the packages containing them,
CD The signature of the ware
houseman, which may be made by his
authorized agent,
(h) II the receipt Is issued for
goods of which the warehouseman is
owner, either solely or jointly or in
common with others, the fact of such
ownership, and
% A statement of the amount of ad-
vanoes made and Of liabilities incurred
for which the warehouseman claims
a lien. If the precise amount of such
advances made or of such liabilities
incurred is, at the time of the issue
of the receipt, unknown to the ware
houseman or to his agent who issues
1t, a statement of the fact that adj
vances have been made or liabilities
incurred and the purpose thereof is
sufficient.
A warehouseman shall be liable to
any person injured thereby, for all
damage caused by the omission from a
negotiable receipt of any of the terms
herein required.
Sec. 3. A warehouseman may in.
sert in receipt, issued by him, any
other terms and conditions, provided
that such terms and conditions shall
not
(a) Be contrary to the provisions
of this act.
(b) In any wise impair his obli-
cation to exercise that degree of care
in the safe-keeping of the goods en-
trusted to him which a reasonably
careful man would exercise in regard
to similar goods of his own.
Sec. L. A receipt in which 1t is
stated that the goods received will be
delivered to the depositor. or to any
other specified person. Is a non-nego-
table receipt.
Sec. s. A receipt in which it is
stated that the goods received will be
delivered to the bearer or to the order
of any person named in such receipt
is a negotiable receipt.
No provision shall be inserted in a
negotiable receipt that 1t is non-nego-
table. Such provision, if inserted
shall be void.
Sec. G. When more than one nego-
table receipt is Issued for the same
goods. the word duplicate" shall be
plainly placed upon the face of every
such receipt, except the one first is
sued. A warehouseman shall be liable
for all damage caused by his failure
so TO do 70 any one who purchased
the subsequent receipt for value sup
posing it to be an original. even
though the purchase be after the de.
livery of the goods by the warehouse
man to the holder Of the original re,
ceipt
Sec. Z. A non-negotiable receipt
shall have plainly placed upon its face
by the warehouseman issuing 1t mon.
negotiable" or mot negotiable" In
case of the warehouseman failure SO
to do, holder of the receipt who pur.
chased It for value supposing it TO be
negotiable may, at his option, treat
such receipt as imposing upon the
warehouseman the same liabilities he
would have incurred had the receipt
been negotiable.
This section shall not apply. how.
ever. to letters, memoranda, or writ.
ten Acknowledgements Of an informal
character.
Sec. S. A warehouseman. in the alb
sence OF some lawful excuse provided
by this act, is bound TO deliver the
goods upon a demand made either by
the holder of receipt for the goods
or by the depositor, If such demand
is accompanied with
(a) An offer to satisfy the ware.
housemans lien.
(b) An Offer to surrender the re
ceipt If negotiable, with such indorse'
ments as would be necessary for the
negotiation of the receipt, and
(cr A readiness and willingness
to sign, when the goods are delivered
an acknowledgment that they have
been delivered, If such signature is
requested by the warehouseman.
In case the warehouscman refuses
or fails to deliver the goods in com
pliance with n demand by the holder
or deposition so accompanied the bur
den shall be upon the warehouseman
to establish the existence of a law
full excuse for such refusal.
Sec. 3. A warehouseman is JUST
fed in delivering the goods, subject
to the provisions Of the three follow
ing sections, 10 one who is
(a) The person lawfully entitled
to the possession of the goods, or his
agent,
(b) A person who IS either him
self entitled 10 delivery by the terms
of a non-negotiable receipt issued for
the goods, or who has written author
ity from the person so entitled either
Endorsed upon the receipt or written
upon another paper, or
Ca A person in possession of q
negotiable receipt by the terms OF
which the goods are deliverable TO him
or order or to bearer. or which has
been endorsed 20 him or in blanh
by the person TO whom delivery was
promised by the terms of the receipt
or by his mediate or immediate in
dorsee.
Sec. 10. Where a warehousemau
delivers the goods to one who is not
I'm fact lawfully entitled to the posses
sion OF them, the warehouseman shall
be liable as for conversion to all hav
ing a right Of property or possession
in the goods II he delivered the goods
otherwise than as authorized by sub
divisions OBJ and (c) of the proceed
ing section and though he delivered
the goods as authorized by said sub
divisions he shall be so liable. II prior
to such delivery he had either
(a) Been requested, by or on he
half of the person lawfully entitled
to a right Of property or possession In
the goods. not TO make such delivery
or
(b) Had information that the de
livery about TO be made was to on
not lawfully entitled 10 the possession