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

Sec Is. No title or right to the pos session Of the goods. on the part of tn, warehouseman. unless such title ol right is derived directly or indirectly from a transfer made by the deposito at the time of or subsequent to the de- posit for storage, or from the ware. houseman's lien, shall excuse the ware houseman from liability for refusing tc deliver the goods according to the terms of the receipt.
 Sec. II. If more than one person claims the title or possession of the goods. the warehouseman may. either as defense to an action brought goods, or as an original suit. which ever is appropriate. require all known claimants to interplead.
 Sec. IS. If some one other than the depositor or person claiming Rndef him has a claim to the title or pos session of the goods, and the ware houseman has information of such claim, the warehouseman shall be ex- cused from liability for refusing to de- liver the goods, either to the depositor or person claiming under him or to the adverse claimant until the warehouse man has had a reasonable time to as- certain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.
 Sec. 19. Except as provided in the two sections and in sections and 36. no right or title of a third person shall be defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods accord ing to the terms of the receipt.
 Sec. 20. A warehouseman shall be lia- ble to the holder of receipt for dam ages caused by the non-existence of the goods or by the failure of the goods to correspond with the description there of in the receipt at the time of issue If. however, the goods are described In a receipt merely by a statement of marks or labels upon them. or upon packages containing them. or by a statement that the goods are said to be goods of a certain kind or that the packages containing the goods are said to contain goods of certain kind, or words of like purport, such state- ments, If true, shall not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were Said to be by the depositor.
 Sec. 21. A warehouseman shall be lia- ble for any loss or injury to the goods caused by his failure to exercise such care In regard to them as a reasonably cdIelul owner Ol Slinllar eoouS Wouiu exercise, but he shall not be liable. in the absence of an agreement to the con- trary, for any loss or injury to the goods which could not have been avoid- ed by the exercise of such care.
 Sec. 22. Except as provided in the fol- lowing section, a warehouseman shall keep the goods so far separate from goods of other depositors. and from other goods of the same depositor for h I.l. fA t.xf 1,@ l. Issued. as to permit at all times the Identification and redelivery of the goods deposited.
 Sec. 28. If authorized by agreement or by custom, a warehouseman may min gle fungible goods with other goods of the same kind and grade. In such case the various depositors of the min gled goods shall own the entire mass In common and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole.
 Sec. 24. The warehouseman shall be seyerally liable to each depositor for the care and redelivery of his share of such mass to the same extent and un- fer the same circumstances as if the goods had been kept separate.
 Sec 25. If goods are delivered to 8 warehouseman by the owner or by a
 
 to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt Is issued for them, they cannot thereafter. while in the pos session of the warehouseman, be att tached by garnishment or otherwise, or De levied upon under an execution un- less the receipt be first surrendered to he warehouseman, or it's negotiation The warehouseman shall in no ,ase be compelled to deliver up the acs tual possession of the goods until the receipt is surrendered to him or inn by the court.
 Sec. 26 creditor whose debtor is he owner of a negotiable receipt shall De entitled to such and from courts of Jurisdiction, by injunction md otherwise, in attaching such re- seipt or in satisfying the claim by means thereof as Is allowed at law in ,quity, in regard to property which can lot readily be attached or levied upon y ordinary legal process.
 Sec. 27. Subject to the provisions of section 30. warehouseman shall have fen on goods deposited or om the pro- .eeds thereof in his hands, for all law ul charges for storage and preserva- ion of the goods: also for all lawful urance. transportation. labor, weigh ng, coopering and other charges and expenses in relation to such goods; also or all reasonable charges and expenses or notice, and advertisements of sale, md for sale of the goods where de- 'ault has been made in satisfying the varehouseman's lien
 Sec. 28. Subject to the provisions of ection 30 a warehouseman's lien may 'e enforced-ta) Against all goods, whenever deposited, belonging to the ,erson who is liable as debtor for the laims in regard to which the lien is .sserted; and (b) Against all goods be- onging to others which have been de- 'osited at any time by the person who s liable as debtor for the claims in re- ,ard to which the lien is asserted if uch person has been so entrusted with he possession of the goods that ledge of the same by him at the time if the deposit to one who took the ,oods in good faith for value would have een valid.
 Sec. 29. A warehouseman loses his len upon goods-(a) By surrendering possession thereof; or (b) By refusing o deliver the goods whan a demand is made with which he is bound to com ly under the provisions of this act
 Sec. 30. If negotiable receipt isl ssued for goods, the warehouseman hall have no lien thereon, except for harges for storage of those goods sub equent to the date of the receipt un- ass the receipt expressly enumerates ther charges for which lien IS laimed. In such case there shall be a len for the charges enumerated 50 far s they are within the terms of sec- lon 27, although the amount of the | harges so enumerated is not stated in he receipt
 Sec. 31. A warehouseman having al en valid against the person demanding l he goods may refuse to deliver the l oods to him until the lien Is satis- | l