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

auction may be had to satisfy any valid claim of the warehouseman for which
 he has n lien on the goods. The sale
 shall be had in the place where the Her was acquired, or, if such place is mani
 festly unsuitable for the purpose, al the nearest suitable place. After the 1 time for the payment of the claim spe-
 eifed 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 per l son on whose account the goods are held
 and the time and place of the sale shall
 be published once a week for two con : lsecutive weeks in q newspaper published in the place where such sale is to be
 held. The sale shall not be held less
 than 15 days from the time of the first publication. If there is no newspaper published in such place. the advertise
 ment shall be posted at least 10 days before such sale in not less than six conspicuous places therein. From the
 proceeds of such sale the warehouseman
 shall satisfy his lien. including the req I sonable charges of notice, advertise
 ment, and sale. The balance if any, of
 such proceeds shall be held by the ware
 housemanss delivered on demand to | the person to whom he would have been | bound to deliver or justified in deliv- | ering the goods. At any time before the goods are so sold any person claiming | n right of property or possession there l in may pay the warehouseman the | amount necessary to satisfy his lien and | to pay the reasonable expenses and lla- bilities incurred In serving notices and advertising and prepa ring 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 pro- visions of this act, to the possession of n, mt If Inn oA nar on. Otherwise the warehouseman shall retain possession of the goods accord ing to the terms of tho original con- tract of deposit.
 Sec. 34. If goods are of a perishable
 nature. or by keeping will deteriorate greatly in value, or by their ordor. breakage, inhammability. or explosive na- ture. will be liable to injure other prop | erty. the warehoussman may give such notice to the owner, or to the person in whose name the goods are stored. as Is reasonable and possible under the oir- cumstances, 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 without advertising. If the ware houseman after reasonable effort Is uhdpic to stli sucn koouH, n6 may uls- pose of them in any lawful manner, and shall incur no liability by reason there of The proceeds of any sale made un- der the terms of this section shall be disposed of in the same way as the pro- ceeds of sales made under the terms of the preceding section.
 Sec. s5. The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of lien against per sonal property nor bar the right to re- cover so much of the warehouseman's
 claim as shall not be paid by the pro-
 ceeds of the sale of the property.
 Sec. 36. After goods have been law
 fully sold to satisfy warehousemifn
 lien. or have been lawfully sold or dis
 posed of because of their perishable or
 hazardous nature, the warehouseman
 shall not thereafter be liable for fail-
 ure to deliver the goods to the deposit
 tor, or owner of tho goods. or to 8 hold
 er of the receipt given for the goods
 when they were deposited, even If such
 receipt be negotiable.
 Sec S7. A negotiable receipt may be
 negotiated by delivery-(a) Where, by
 the terms of the receipt. the warehouse
 man undertakes to deliver the goods
 to the bearer; or (b) Where, by the
 terms of the receipt the warehouseman
 undertakes to deliver the goods to tho
 order of a specified person, and such
 person or subsequent indorser of the receipt has indorsed it in blank or to bearer, where, by the terms of a ne- gotiable receipt the goods are delivera- ble to bearer or where a negotiable re-
 ceipt has been indorsed In blank or to
 bearer. any holder may indorse the same
 to himself or to any other specified per son, and in such case the receipt shall thereafter be negotiated only by the in-
 dorsement of such indorsee.
 Sec. 3S. negotiable receipt may be negotiated by the indorsement of the person to whose order the goodssare, by
 the terms of the receipt, deliverable. Such indorsement may be In blank, to bearer or to a specified person. If in- dorsed to a specified person, it may be
 again negotiated by the Endorsement of such person in blank. to bearer or to another specified person. Subsequent ne- gotiation may be made in like manner
 Sec. 39 A receipt which is not in such form that 1t can be negotiated by de-
 livery to a purchaser or donee non- negotiable receipt cannot be negotiated, and the Endorsement of such & receipt gives the transferee no additional right
 Sec. 40. A negotiable receipt may be negotiated-ta) By the owner thereof; or (b) By any person to whom the pos session or custody of the receipt has been entrusted by the owner, if by the terms of the receipt, the warehouse man undertakes to deliver the goods to the order of the person to whom the possession or custody of the receipt has been entrusted, or if at the time of such entrusting the receipt is in such form that 1t may be negotiated by delivery
 Sec Al. A person to whom a negotia- ble receipt has been duly negotiated acquires thereby-(a) Such title to the goods as the person negotiating the re- ceipt to him had or had ability to con- vey to purchaser in good faith for value and also such title to the goods as the depositor or person to whose or der the goods were to be delivered by the terms of the receipt had or had ability to convery to 8 purchaser in good faith for value; and (b) The direct obligation of the warehouseman to hold possession of the goods for him accord ing to tho terms of the receipt as fully as if the warehouseman has contracted with him.
 Sec. 42. A person to whom a receipt has been transferred but not negotiated | acquires thereby as against the trans feror the title of the goods, subject to | the terms of any agreement with the l transferor. If the receipt Is non-negotia- l ble such person also acquires the right | to notify the warehouseman of the l to him of such receipt and l to acquire the direct obligation l of the warehouseman to hold possession | of the goods for him according to the | terms of the receipt. Prior to the noti- | fcation of the~ warehouseman by the | transferor or transferee of a non -nego- | liable receipt, the title of the trans fierce to the goods and the right to ac- luire the obligation of the warehouse |. T |.