Page:United States Statutes at Large Volume 36 Part 1.djvu/326

 302 SIXTY·FIRST CONGRESS. Sess. II. Ch. 167. 1910. No provision shall be inserted in a negotiable receipt that it is nonnegotiable. Such provision, if inserted, shall be v01. nupuem receipts. Sec. 6. DUPLICATE :aEc1:u»•rs MUs·r BE so MARKED.-When more than one negotiable receipt is issued for the same goods, the word "Duplicate" shall be plainly placed upon the face of every such w‘;{f,{’,{§_§}{*°’ wm receipt, except the one first issued. A warehouseman shall be liable ` for l damage caused by his failure so to do to anyone who purchased the subsequent receipt for value, supposing it to be an original, even though the purchase be after the elivery of the goods by the warehouseman to the holder of the original receipt. _ ce}*°¤¤*=8*>**•b*° *°· Sec. 7. Famous ·ro Manx "No·r Nnoo·r1Am.m."—A nonnegotiable pts. . . . _ reeenpt shall have plamlgl placed ugon 1lES face by the warehouseman m’·§;§§}°Y “ “°* ”° issuing it "NOHD6g0b18 le" or " ot neg0t1abIe." case of the » warehouseman’s failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable may, at his option, treat such recei t as imposing upon the warehouseman the same liabilities he woulld have incurred had the receipt been negotiable. This section shall not apply, however, to letters, memoranda, or written acknowledgements of an informal character. Paar II. r ,,;‘;‘;{gQ;’f,°,;’°r,°f.{;{,‘;P‘ OBLIGATIONS AND moizrrs or WAREHOUSEMEN UPON umm imcmryrs. ¤¢“'¢¤’ 0* 8******* Sec. 8. Onmoyrxou or WABEHOUSEMAN T0 nnuvmn.-A warehouseman, in the absence of some lawful excuse provided by this Act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with- ¤°*l°**•¤*¤¤¤~ (a) An offer to satisfy the warehouseman’s lien; . (b) An offer to surrender the recei t if negotiable, with such indlorsements as would be necessary for the negotiation of the receipt; an (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgement that they have been delivered, if such signature is requested by the warehouseman. R*=¤¤¤*<>¤ *¤¤¤¤*~ In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal. de{’gg*;= ¢¤**¤°d **> Sec. 9. Jusrirrcarxou or waamiousmuau m nnuvaamo.-A ` warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who ish (a) The person lawfully entitled to the possession of the goods or is a ent; (b? A person who is either himself entitled to delivery by the terms of a nonnegotiable receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper; or (c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been indorsed to him or in blank by the erson to whom delivery was promised by the terms of the receipt or by his mediate or imme- _ diate indorsee. de{·gg;’g{*¥ !*>*’ me Sec. 10. WAmmor;s1:MAx’s Lramnrrr ron Mrsnnuvaar.-Where a warehouseman delivers the goods to one who is not in fact lawfullv entitled to the possession of them, the warehouseman shall be liable is for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized bv subivisions (b) and (c) of the preceding section, and though he delivered