Page:United States Statutes at Large Volume 47 Part 1.djvu/1257

 72d CONGR ESS. SESS. II. CH. 128 . FEBRUA RY 27, 1933 . 1233 SEC. 141 . LOST OR DESTROYED RECEIPTS :Where a negotiable receipt ~ceop and destroyed ha s been l ost or d estroyed, a cour t of com petent j urisdict ion may order the delivery of the goods upon satisfactory proof of such loss or destruction a nd upon the givi ng of a bond wit h sufficient sure ties to be approved by the court to protect the warehouseman from any liability or exp ense, which he o r any person inj ured by such deli very may incu r by rea son of t he origi nal rece ipt remai ning out standing. The court may also in its discretion order the payment of the ware- houseman's reasonable costs and counsel fees. The d elivery of the goods under an order of the court as provided in this section shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for va lue without notice of the proceedings or of the delivery, of the goods. SEC. 742. EPP•ECT or DUPLICATE RECEIPTS .-A receipt upon the face Effect of duplicate of which the word " duplicate" is plainly placed is a representation " pe r' 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 liabili ty. SEC. 743 . WA'REHOIISEMAN CAN not SET UP TITLE IN HIMSELF .-NO Warehouseman can n>m title or right to the possession of the goods, on the part of the ware- self . ~t nn t'tie • houseman, unless such title or right is derived directly or indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman's lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt. SEC. 744. INTEEP •FADER OF ADVERSE CLAIMANTS .-If m ore t han one Q $a, hen person claim the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for non- delivery of the goo ds, or a s an ori ginal su it, whic hever is appro priate, require all known claima nts to interplea d. SEC. 745 . WAREHOtrSEMAN HAS REASONABLE TIME TO DETERMINE Time to determine vALmrry OF CLAIMS:If some one other than the depositor or person vaLd rtyo (nma m4y claiming under him has a claim to the title or possession of the goods, and the w areho usema n has infor matio n of s uch c laim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant , until the ware houseman has had a reaso n- able time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead . SE C. 746. ADVERSE T ITLE IS NO DEFENSE EX CEPT AS ABOVE PRO- Adverse tftie a do . VIDED .-Exeept as provided in sections 744 and 745 and in sections fence. 737 and 762, no right or title of a third person shall be a defense to i ,p• I23ic aoaf, p. an action brought by the depositor or person claiming under him against the war ehousema n for fa ilure to deliver the goo ds accor d- ing to the terms of the receipt. SEC. 747. LIA BILITY FOR NONE XISTENCE OR MI SDESCRIPTION OF Liability for hones- istenco or mudesczi,~• axons .-A warehouseman shall be liable to the holder of a receipt, is- t;ou of goons. sued by him or on his behalf by an agent or employee the scope of whose a ctual or apparen t author ity incl udes the is- win g of ware- house receipts, for damages caused by the nonexistence of the goods or by the fail ure of t he goods to corr espond w ith the descript ion thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt fuereiv by a statement of marks or labels upon them, or upon piukagu containing them, or by a statement that the goods are said to he goods of a certain kind, or that the pack- ages containing the goods are said to contain goods of a, certain kind, or by words o ' like purport, such statements, if true, shall not make liable the warehouseman issuing the receipt, although the goods are 30 .~ 1 „--33 ---7$