Page:United States Statutes at Large Volume 36 Part 1.djvu/328

 304 SIXTY-FIRST CONGRESS. Sess. II. Ch. 167. 1910. ¤f ¤¤P“¤°° Sec. 15. Ermor or nurrroarn nmcmr·rs.—A receipt upon the face of which the word "duplicate" is plainly placed IS a represen- ` tation and warranty by the warehouseman that such receipt is an accurate copy of an original receipt properly issued and uncanceled at the date of the issue of the duplicate, but shall impose upon him no other liability. mgm °* *¤¢¤°¤* Sno 16. Wannnonsmnn can Nor sm·r.m> rrrnn IN IImsnLr.—No ` title or right to the possession of the goods, on the part of the_warer houseman, unle such title or right is derived directly or indirectly from a transfer made by the defpositor at the time of or subsequent to the deposit for storage, or rom the ¤warehouseman’s lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt. vg;;;¤c¤g*,¢•¤¤gs¤* ¤¤· Sec. 17. Inrmnrnnapna or Anvansn CLAIMANTS‘.—If more than ' one poison claim the title or possession  the goods, the warehouse- , man may, either as a defense to an action brought against him for ' nondelivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead. Deremiuuion of Sec. 18. WARmIoIIsnM.AN ms REASONABLE TIME T0 Dnrnimrim "°‘°'° VALIDITY or cnaurs.-q-If some one other than the depositor or person claiming under him has a claim to the title or ossessiou of the oods, and the warehouseman has information of suc claim, the ware ouseman shall be excused from liability for refusing to deliver the oods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. Limittgi uexemaon Sec. 19. Anvmzsn TITLE IS NO DEFENSE, Excnvr AS Anovm mo- ‘°"”"‘°"‘ vIm:1>.—Except as provided in the two preceding sections and in sections nine and thirty-six, no right or t1tle of a third person shall be a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt. ,s,2Urf(};“*}){*°‘{"gg‘j,°;‘g Sec. 20. LIABILITY Fon NONI:xIsTENcE on MISDESCRIPTION on sci-spoon. eoons.—A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt - U¤**°“°¤· at the time of its issue. If, however, the oods are described in a receipt merely by a statement of marks or lgbels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a_certa1n kind, or that packa es containin the goods are said to contain oods of a certain kind, ori words of lilre purport, such statements, ii 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. Cue required. Sec. 21. LIABILITY FOR CARE OF GOODS.—A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care. miiegnnuou or de- Sec. 22. Goons MUST BE KEPT SEPARATE.—EXC8pl} as provided in ` the following section, a warehouseman shall keep the goods so far separate from goods of other depositors and from other goods of the same_depositor_for which a separate recei t has been Issued as to permit alt all times the identification andp redelivery of the goods e ite. m§;,‘gj;¤é0*g,;}¤¤ °‘  23. FUNGIBLE Goons_MAY nn oommxsnnn, nr wannnousnmay AUTHORIZED.——If authorized by agreement or by custom, a ware-