Page:United States Statutes at Large Volume 47 Part 1.djvu/1258

 1234 For rare of goods. Goods must be kept separate. Commingled goods. Liability. Attachment or levy upon goods for which a negotiable receipt has been issued. Creditors remedies, negotiable receipts. Claims included in warehouseman's lien. Poet, p.1236. Against what prop- erty lien mey ne en- famed. 72d C ONGRESS. SESS. II. CA. 12 8. FEBRU ARY 27, 1933 . not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor. SEC. 748 . LIABILITY FCR CARE OF coons.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. SEC. 749. Goons MUST BE g P'r sEPARATE .Except as provided, in section 750, a warehouseman shall keep the goods so fr separate from goods of other depositors, and from other goods of the sa me depositor for which a separate receipt has been issued, as to permit at all times the identification and redelivery of the goods deposited. SEC. 750. COMMINGLED GOODS AND WAREHOUSEMAN'S LIABILITY THEREFOR.-If authorized by agreement or by custom, a warehouse- man may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common, and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole. The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and un der t he sa me cir cumst ances as if the goods had been kept separate SEC. 751. ATTACHMENT OR LEVY UPON GOODS FOR WHICH A NEGOTIA- BLE RECEIPT HAS BEEN ISSUED .-If goods are delivered to a ware- house man by the o wner or by a per son whos e act in co nvey ing the title to tem to a purhcaser i in good faith for value would bind the owner, and a negotiable receipt is issued for them, they can not thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. T he war ehous eman shall in no case be com- pelled t o delive r up the actual possessi on of the goods u ntil the receipt is surrendered to him or impounded by the court. SEC. 752.-CREDrroRS REMEDIES To REACH NEGOTIABLE RECEIPTS. -A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by in- junction and otherwise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which can not readily be attached or levied upon by ordi nary le gal proc ess. SEC.- 753. WHAT CLAIMS ARE INCLUDED IN THE WAREHOUSEMAN'S LIEN.-Subject 'to the provisions of section 756 ; -.a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hand s, for a ll lawfu l charge s for st orage and preserv ation of the go ods ; also for all lawful claim s, for money adv anced, interest, insurance, transportation, labor, weighing; coopering and other charges and expenses in relation to such goods ; also for all rea- sona ble cha rges and ex pens es f or noti ce, and adv ert isem ents of sal e, and for sale of the goods where default has been made in satisfying the ware houseman 's lien. Sue. 754. AGAINST WHAT PROPERTY THE LIEN MAY BE ENFORCED.-- Subject to the provisions of section 756, a warehouseman's lien may be enforced : I So in original.