The Birmingham age-herald., 1915-10-23

the warehouseman. which may be mads 1 by his authorized agent. ohl If the re. eeipt is issued for goods of which ths warehouseman is owner, either solely or Jointly or in common with others the fact of such ownership. and d) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims lien If the precise amount of such adyanes made or such liabilities toured is, at the time of the issue of the receipt. un- known 70 the warehouseman or to his agent Who issues it, statement of the fact Nnat advances have been made or liabet-ties incurred and the purpose thereof Is 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 required.
 Sec. 3. A warehouseman may insert
 in a receipt issued by him, any other
 terms and Conditions. provided that such terms and conditions shall not Gal Be contrary to the provisions of this act (b) In anywise impair his ob ligation to exercise that degree of care in the safekeeping of the goods en- trusted to him which reasonably care full man would exercise In regard to similar goods of his own.
 Sec. 4. A receipt in which it Is stated that the goods received will be de- livered to the depositor or to any oth- CT specified person. Is a non-negrotia- ble receipt.
 Sec. 5. A receipt in which it is stated that the goods received will be deliv- cred to the bearer. or to the order of any person named in such receipt Is a nego- liable receipt. No provision shall be in- serted sin a negotiable receipt that it is Tn crf,ff ffol ricin ed, shall be void.
 Sec. 6. When more than one negotia- ble receipt Is issued for the same goods, the word "duplicate' shall be plainly placed upon the face of every such re- ceipt except the one first issued. A ware houseman shall be liable for all damage caused by his failure so to do to any one who purchased the subsequent re- ceipt for value supposing it to be an original. even though the purchase be after the delivery of the goods by the warehouseman to the holder of the orig inal receipt.
 Sec. '. A non-negotiable receipt shall have plainly placed upon Its face by the warehouseman issuing it ''non- ne- gotiable" or mot negotiable" In case of the warehouseman' failure so to do, holder of the receipt who purchased 1t for value supposing 1t to be negotia- ble, may, at his option, treat such re- ceipt as imposing upon the warehouse man the same liabilities he would have incurred had the receipt been negotia- ble. This section shall not apply how ever, to letters. memoranda, or written acknowledgments of an informal char acter.
 Sec. s. A warehouseman in the absence 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 de- positor, if such demand is accom- panied with-ta) An offer to satisfy the lien. tb) An offer to surrender the receipt if negotiable. with such inducements as would be neces- sary for the negotiation of the receipt, and Co readiness and willingness to sign, when the goods are delivered an acknowledgment that they have been delivered, If such signature is re- uuested by the warehouseman. It case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal.
 Sec. 9. A warehouseman is Justified in delivering the goods, subject to the provisions of the three following sec
 
 entitled to the possession of the goods, or his agent. (b) A person who is either himself entitled to de- livery by the terms of non-negotia- ble receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper; or Co A person in possession of ne- gotiable receipt by the terms of which the goods are deliverable to him or or der or to bearer, or which has been indorsed to him or in blank by the per son to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorser
 Sec. 10. When warehouseman deliv- CTS the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having d right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions tb) and (c) of the preceding section and though he delivered the goods as au- thorized by said subdivisions he shall be liable, if prior to such delivery he had either-(a) Been requested, by or on behalf of the person lawfully en- titled to a right of property or pos session in the goods, not to make such delivery; or tb) Had information that the delivery about to be made was to one not lawfully entitled to the pos session of the goods.
 Sec. Il. Except as provided In sec tion 36, where warehouseman deliv- CTS goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the of the goods. and fails to take up and cancel the receipt, he shall be liable to any one who purchases vol in or fai fr,t for failure to deliver the goods to him. to the receipt before or after the de- livery of the goods by the warehouseman
 Sec 12. Except as provided in sec lion 36, where warehouseman deliv CTS part of the goods for which he had issued negotiable receipt and fails either to take up and cancel such re- ,eipt or to place plainly upon it a statement of what goods or packages nave been delivered he shall be liable, 1 to any one who purchases for value Tn good faith such receipt, for failure 10 deliver all the goods specified in ts4e receipt whether such purchaser ac- luired title to the receipt before or after the delivery>of any portion of the goods by the warehouseman.
 Sec. IS. The alteration of a receipt ! shall not excuse the warehouseman who ssued 1t from any liability if such all eration was-(a) Immaterial; (b) Au- or Co Made without fraudu- ent intent. If the alteration was author zed, the warehouseman shall be liable | to the terms of the receipt ] IS altered. If the alteration was unau- .horized, but made without fraudulent | ntcnt, the warehouseman5 shall be lia- 'le according to the terms of the re- eipt, as they were before alteration. 1 fa foriQ1 and fra lIdu1pnf ior of a