leans thereof as is allowed at law or in equity, in regard to property which annot readily be attached or levied upon by ordinary legal process. 37. Lien of Warehouseman. § 27. Subject to the provisions of section 30, a warehouseman shall ave a lien on goods deposited or on the proceeds thereof in his hands, for 1 lawful charges for storage and preservation of the goods; also for all wful claims for money advanced, interest, insurance, transportation, labor, eighing, coopering and other charges and expenses in relation to such Jods; also for all reasonable charges and expenses for notice, and adversements of sale, and for sale of the goods where default has been made in tisfying the warehouseman's lien. 38. Enforcement of Lien. § 28. Subject to the provisions of section 30, a warehouseman's lien ay be enforced (a) Against all goods, whenever deposited, belonging to the person ho is liable as debtor for the claims in regard to which the lien is sserted; and (b) Against all goods belonging to others which have been deposited at y time by the person who is liable as debtor for the claims in regard to hich the lien is asserted, if such person had been so intrusted with the ossession of the goods that a pledge of the same by him at the time of the eposit to one who took the goods in good faith for value would have been alid. 89. Lien, How Lost. § 29. (a) A warehouseman looses his lien upon the goods- (b) By refusing to deliver the goods when a demand is made with hich he is bound to comply under the provisions of this Act. 90. Negotiable Receipt-Charges for Storage-Lien. § 30. If a negotiable receipt is issued for goods, the warehouseman hall have no lien thereon, except for charges for storage of those goods ubsequent to the date of the receipt, unless the receipt expressly enumerates ther charges for which a lien is claimed. In such case there shall be a ien for the charges enumerated so far as they are within the terms of ection 27, although the amount of the charges so enumerated is not stated n the receipt. 91. May Refuse to Deliver Until Lien Satisfied. § 31. A warehouseman having a lien valid against the person demand. ng the goods may refuse to deliver the goods to him until the lien is atisfied. 192. Entitled to Creditor's Remedies. $ 32. Whether a warehouseman has or has not a lien upon the goods, le is entitled to all remedies allowed by law to a creditor against his debtor, or the collection from the depositor of all charges and advances which the lepositor has expressly or impliedly contracted with the warehouseman o pay. 193. How Lien for Claim Which Has Become Due May be Satisfied. § 33. A warehouseman's lien for a claim which has become due may be satisfied as follows: The warehouseman shall give a written notice to the person on whose account 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 warehouseman's claim, showing th sum due at the time of the notice and the date or dates when it became due (b) A brief description of the goods against which the lien exists. (c) A demand that the amount of the claim as stated in the notice and of such further claim as shall accrue, shall be paid on or before a 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 (d) A statement that unless the claim is paid within the time speci fied the goods will be advertised for sale and sold by auction at a specified time and place. In accordance with the terms of a notice so given a sale of the goods by auction may be had to satisfy any valid claim of the ware houseman for which he has a lien on the goods. The sale shall be had in the warehouse where the lien was acquired, or, at the election of said warehouseman at any public auction room or place in the county where such warehouseman is located. After the time for the payment of the claims specified 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 person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in 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 published in such place, the advertisement 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, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered 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 necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing 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 provisions of this Act, to the possession of the goods on payment of charges thereon. Otherwise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit. 494. Where Goods are of a Perishable Nature, Etc. § 34. If goods are a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability, or explosive nature, will be liable to injure other property, 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 circumstances, 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 warehouseman after a reasonable effort is unable to sell such goods, he may dispose 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 disposed of in the same way as the proceeds of sales made under the terms of the proceeding section. 495. Remedy Provided Not to Preclude Others. § 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 personal property nor bar the right to recover so much of the ware houseman's claim as shall not be paid by the proceeds of the sale of the property. 496. After Goods Lawfully Sold to Satisfy Lien--Warehouseman's Liability. § 36. After goods have been lawfully sold to satisfy a warehouseman's lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman shall not thereafter be liable for jailure 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 if such receipt be negotiable. 497. ARTICLE III. NEGOTIATION AND TRANSFER OF RECEIPTS. Negotiable Receipt Negotiated by Delivery. § 37. A negotiable receipt may be negotiated by delivery (a) Where, by the terms of the receipt, the warehouseman 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 the order of a specified person, and such person or subsequent indorsee of the receipt has endorsed it in blank or to bearer. Where, by the terms of a negotiable receipt, the goods are deliverable to bearer, or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the indorsement of such indorsee. 498. Negotiation by Indorsement. § 38. A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer or to specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiation may be made in like manner. 499. Non-Negotiable Receipt-Transfer. § 39. A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable receipt cannot be negotiated, and the endorsement of such a receipt, gives the transferee no additional right. 500. Negotiable Receipt, May be Negotiated by Whom. § 40. A negotiable receipt may be negotiated— (b) By any person to whom the possession or custody of the receipt has been entrusted by the owner, if, by the terms of the receipt, the warehouseman 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 it may be negotiated by delivery. 501. What Rights Acquired by Negotiation. § 41. A person to whom a negotiable receipt has been duly negotiated acquires thereby (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value, and (b) The direct obligation of the warehouseman to hold possession o the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him. 502. Where Receipt Has Been Transferred, What Acquired. § 42. A person to whom a receipt has been transferred but not nego tiated, acquires thereby, as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor. If the receipt is non-negotiable such person also acquires the right to notify the warehouseman in writing of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt. Prior to the written notification of the warehouseman by the transferor or transferee of a nonnegotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by notification in writing to the warehouseman by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor. 503. Transferee May Compel Indorsement. § 43. Where a negotiable receipt is transferred for value by delivery, and the indorsement of the transferor is esential for negotiation, the transferee acquires the right against the transferor to compel him to indorse the receipt, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.. 504. Warranties by Negotiator of Receipt. § 44. A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants (a) That the receipt is genuine. (b) That he has a legal right to negotiate or transfer it. (c) That he had knowledge of no fact which would impair the validity or worth of the receipt, and (d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby. 505. Indorser Not Liable for Prior Defaults. $ 45. The indorsement of a receipt shall not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfill their respective obligations. 506. Pledgee in Collecting Not a Warranter. § 46. A mortgagee, pledgee or holder for security of a receipt who in good faith demands or receives payment of the debt for which such receipt is security, whether from a party to a draft drawn for such debt or from any other person shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described. 507. Validity Not Impaired by Unauthorized Negotiation, When-Notice. § 47. The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was induced by fraud, mistake, or duress to entrust the possession or custody of the receipt to such person, if the person to whom the receipt was negotiated, or a person to whom the receipt was subsequently negotiated, paid value therefor, without notice of the breach of duty, or fraud, mistake, or duress. 508. Possession of Receipt Validates Subsequent Transfers. § 48. Where a person having sold, mortgaged, or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing such goods, continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation. 509. Stoppage in Transitu. § 49. Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of the purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transitu. Nor shall the warehouseman be obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation. ARTICLE IV. CRIMINAL OFFENSES. 510. Issuing Receipt for Goods Not Actually Received-Penalty. $ 50. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. 511. Issuing Receipt Containing False Statement-Penalty. § 51. A warehouseman, or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 512. Issuing Duplicate Receipt Without Marking Same-Penalty. § 52. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word "Duplicate," except in the case of a lost or destroyed receipt after proceedings as provided for in section 14, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or a fine not exceeding five thousand dollars, or by both. 513. Issuing Receipt Without Stating Joint Ownership-Penalty. $53. Where there are deposited with or held by a warehouseman' goods of which he is the owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not -11 P U L |