Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

ta) Against all goods. Whenever de-
liable as debtor for the claims IN regard
to which the lien is asserted. and
(b) Against all goods belonging 70
others which have been ,o de p iiseie al
debtor for the claims in regaSp 70
which the lien is asserted. IS sucn per
son had been so entrusted with the pos.
session Of the goods that pledge OF
the same by him at the time OF the
deposit to one who took the goods in
good faith for value would have been
valid.
Section 20. A warehouseman loses
(a) BY sarrendering possession
thereof. or
when a demand is made with which he
is bound to comply under the provisions
of this act.
Section 80. If negotiable receipt Is
issued for goods. the warehouseman
shall have no lien thereon, except Tor
charges for storage of those goods sub
sequent to the date of the receipt. un-
other charges for which lien is claim
ed. In such case there shall be lien
for the charges enumerated so far as
they are within the terms OF section
twenty-seven, although the amount of
the charges SO enumerated Is not stat
ed in the receipt
Section 81. A warehouseman having
a lien valid against the person demand
ing the goods may refuse to deliver the
goods to him until the lien is satisfied.
Section 32. Whether warehouseman
has or has not lien upon the goods.
he is entitled to all remedies allowed
by law to creditor against his debtor.
for the collection from the depositor of
all charges and advances which the de-
positor has expressly or implicitly con-
tracted with the warehouseman to pay.
Section SO. A warehouseman's lien
for a claim which has become due may
be satisfied as follows:
The warehouseman shall give writ
ten notice to the person on whose ac-
count the goods are held, and to any other
person known by the warehouseman to
claim an interest in the goods. Such
notice shall be given by delivery in person
or by registered letter addressed to the
last known place of business or abode of
the person to be notified The notice shall
contain:
(a) An itemized statement of the ware
houseman's claim, showing the sum due at
the time of the notice and the date or
dates when it became due,
b) brief description of the goods
against which the lien exists,
(c) y demand that the amount Of the
claim as stated in the notice, and of such
further claim as shall accrue, shall be
paid or before day mentioned, not
less than ten days from the delivery of
the notice If it is personally delivered. or
from the time when the notice should
reach its destination, according to the due
course of post, If the notice is sent by
mail, and
cd A statement that unless the claim
is paid within the time specified the goods
will be advertised for sale and sold by
auction at a specified time and place.
In accordance with the terms or
notice so given. sale of the goods by
auction may be had to satisfy any valid
claim of the warehouseman for which
goods.
shall be had in the place where the lien
was acquired. or. if such place is mani
testify unsuitable for the purpose. at
the nearest suitable place. After the
time for the payment of the claim speci-
fled in the notice to the depoSitor has
elapsed. an advertisement of the sale.
describing the goods to be sold, and stat
ing the name of the owner or person on
whose account the goods are held. and
the time and place Of the sale. shall be
published once week for two conSecu-
the place where such sale is to be held.
The sale shall not be held less than
fifteen days from the time of the first
publication. If there is no newspaper
ment shall be posted at least ten days
before such sale in not less than six
conspicuous places therein
From the proceeds of such sale the
warehouseman shall satisfy his lien, in
Guiding the reasonable charges of no.
tice, advertisement, and sale. The ball
ance if any. of such proceeds shall be
held by the warehOuseman, and deliver
ed on demand to the person to whom
he would have been bound to deliver
or justified in delivering the goods.
At any time before the goods are so
sold any person claiming a right Of
property or possession therein may pay
the warehouseman the amount neces-
sary to satisfy his lien and to pay the
CURED in serving notices and advertis-
ing and preparing for the sale up to
the time of such payment. The ware
houseman shall deliver the goods to
is a person entitled, UNDER the provi-
sions of this act, to the possession of
the goods on payment of charges there
on. Otherwise the warehouseman shall
retain possession of the goods accord.
ing to the terms of the original con-
tract of deposit.
Section "a. If goods are of a perish
able nature. or by keeping will deteri-
crate greatly in value. or by their odor
leakage, inflammability. or explosive ma
ture, will be liable to injure other prop
erly. The Warehouseman 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 cir
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 ocii Tue SoOuS puDllC OF private
sale without advertising. If the ware
houseman after a reasonable effort is
unable to sell such goods, he NAV dis
pose of them in any lawful manner, and
shall incur no liability by reason thereof
The proceeds of any sale made under
the terms of this section shall be dispos-
ed of in the same way as the proceeds
of sales made under the terms of the
preceding section.
Section 35. The remedy for enforcing
a lien herein provided does not preclude
any other remedies allowed by law for
the enforcement of a 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.
Section SO. After goods have been
lawfully sold to satisfy warehouse
mans lien or have been lawfully sold
or disposed of because Of their PERISH
able or hazardous nature, the ware
houseman shall not thereafter be liable
for failure to deliver the goods to the
depositor, or owner of the goods, or
to a holder of the receipt given for the
goods when they were deposited. even
II such receipt be negotiable.
section 81. A negotiable receipt may
be negotiated by delivery:
(a) Where. by the terms Of the re-
celpt, the warehouseman undertakes to
deliver the goods to the bearer, or
tb) Where, by the terms of the re-
ceipt, the warehouseman undertakes to
deliver the goods to the order OF a speci-