The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

deliver the goods. either to the de-
poeitor or person claiming under him
or 10 the adverse claimant until tbs
Warch ouseman has had a reasonable
time to ascertain the validity Of the
adverse claim or 10 bring legal pro-
cecdings 10 compel all claimants 10
linterplead.
section - Except as provided in
the two preceding sections and In sec
lions nine and thlrty-six, no right or
title Of third person shall be de-
Tense 10 an action brought by the de-
postor or person claiming under him
against tho warehouseman for failure
70 deliver the goods according to the
terms OF the receipt.
Section 20 a warehouseman shall
be liable to the holder OF a receipt for
damages caused by the non-eN istence
OF the goods or by the failure Of the
| goods 10 correspond with the descrip-
tion thereof In the receipt at tho time
| o. Its issue IT, however the goods
arc described in receipt merely by
a statement Of marks or labels upon
| Thorn, or upon packages containing
them or by a statement that the goods
ore said 10 be goods OF a certain kind.
or that the packages containing the
goods are said 70 contain goods of
| certain Kind. or by words of Hike pur.
| port. such statements. II true, shall
not make liable the warehousernan Is
suing the receipt, although the goods
or labels upon them indicate. or OF
| tho kind they were said to be BY the
| depositor.
Section 81 a warehouseman shall
| be liable for any loRs or injury to tho
goods caused by his failure to exer-
else such care In regard to them as
q reasonably careful owner Of similar
goods would exercise but he shall not
| be liable. In tho absence OF an agroe-
mont to the contrary, for any loss or
injury to the goods which could not
have boon avoided by the exercise of
such care
HA1 to
tho following seotion a warehouseman
shall keep the goods so far separate
from goods of other depositors, and
from other goods OF the same deposit
| tor for which n separate receipt has
I been issued, as to permit at all times
the Identification and re-dellvery Of
he goods deposited
Section 23. If authorized by agree
| ment or by custom. q warehOuseman
may mingle fungible goods with 9th
er goods of the Same kind and grade
In such case the various depositors
Of the mingled goods shall own tho
entire mass IN common and each de-
position shall be entitled to such por-
tion thereof az the amount deposited
by. hin bears to the whole.
| Section "a The warehousemhn
shall be seyeraIly liable to each de-
postor for tn care and re-deli8ery OF
his share Of such mass to the same
extent and under tho Same circum-
stanros as II tho goods had been kept
Scctlan y If goods are delivered
TO Wareheuseinan by the ownor or
by q person whose act in conveying
tho title tn chem to n purchaser in
good faith for value would bind the
owner, and n negotiable receipt Is is
sued for them. they can not there
after while In tho possession OF tho
wnrehouseman. bc attached by gar
nishment or otherwise, or be levied
upon under All execution, unless the
receipt be first SURRENDERED to the
warehouseman. or It's negotiation en-
Joined. The warehouseman shall in
no case be compelled to deliver up the
actual possession Of tho goods until
tho receipt Is surrendered to him or
impounded by the court
Section 20, A creditor whose debt
or Is the owner Of negotiable re-
c"ipt shall be entitled TO such aid from
courts of appropriate Jurisdiction, by
such receipt or IN satlsfyinR the claim
by means thereof as Is allowed NV
on In equity, In regard to pfapfff y
which can not readily be attached or
levied upon by ordinary legal pro- 90
Section 81 Subject TO tho previs-
Ions of section thirty. q warehouse
man shall have Hen on goods depos-
tied or on the proceeds thereof IN hts
hands, for all lawful charges for stor-
age and preservation OF the goods;
also for all lawful claims for money
advanced, interest. insurance, trans
portation. labor Weighing coopcring
latlon to such goods also for all rea-
| sonable charges and expenses for no
tice, and advertisements of sale and
for sale Of the goods where default
Section Section Is Subject to the provis-
ions. Of section thirty. warehouse
mans Hon may be enforced.
CAS- Against all goods, whenever
deposited belonging to the person who
ID liable as debtor for the olaima In
regard to which the Hen Is asserted,
and
OBJ Ageinst, all goods belonging to
any time by the person who Is liable
as debtor for the claims In regard TO
which the lien Is asserted, II such per
son had been so entrusted with tho
possession OF the goods that pledge
OF the same by him at tho time Of tho
deposit to ono who took the goods in
good faith for value would have been
valid
Section % A warehouscman loses
his lien upon goods:
(a) BY surrcndering possession
(b) Ry refusing to deliver tho
goods when II demand Ia made with
which he IL bound to comply under
the provisions Of this act.
Section 80. If negotiable receipt
Ia Issued for goods, tho warehouseman
shall have no lien thereon, except for
charges for storage of those goods
IsuDSoquent TO inc GATE or the receipt,
unless the receipt expressly enumer-
etes other charges for which q lien IL
claimed. In such case there shall be
n lien for the charges enumerated so
far as they are within the terms Of
section twentyseven although tho
amount Of the charges so enumerated
Is not stated In the receipt.
Section 81. warehouseman hav-
ing lien valid against the person de-
mandng the goods may refuse to de-
liver the goods to him until the lien
Is satisfied
Section 80. Whether a warehouse
man haA or has not lien upon the
goods, he Is entitled to all remedies
al lowed by law to a creditor against
his debtor for the collection from tho
depositor of all charges and advances
lmplicdly contracted with the ware
Section 80 A warehouseman's lien
for claim which has become due may
be ratlsflod as follows:
The warehousoman shall give a
written notice 10 the person on whose
account the goods are l%ld. and to any
other person known by the warehou
Such notice shall be given by delivery
In person or registered letter ad.
dressed to Tho last known place of
business or abode OF tho person to be
(a) An itemized statement of the
warehouseman's claim, showing tho
sum due at the time OF the notice
and the date or dates when 1t became
due
OBJ A brief description of the goods
against which tho lion exists. I.
Co A demand that the amount OF
tho claim as stated in the notice. and
of such further claim as shall accrue,
shall be paid on or before a day men
toned. not less than ten days from
sonally delivered or from the time
when the notice should reach its des-
tinetion, according 10 the due course
of post, n the notice Is sent by mail.
aud