Page:United States Statutes at Large Volume 47 Part 1.djvu/1260

 1236 72d CONGRESS. SESS. II. CH . 128. FEBRUARY 27, 1933 . After the time for the payment of the claim specified in the notice Notice of auction, to the depositor has elapsed, a notice of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are he ld, and the time and place of the sale, shall be p osted fo r two co nsecutiv e weeks on the bu lletin b oard of each post office of the Canal Zone. The sale shall not be held less than fifteen days from the time when such notices were posted. From the proceeds of such sale the warehouseman shall satisfy his lien, includ- ing the reasonable charges of notice and sale. The balance, if any, of s uch proc eeds sha ll be he ld by th e warehou seman, a nd deliv ered on dema nd to the pe rson to whom he wou ld h ave been bou nd to Proviso. deliver or justified in delivering the goods : Provided, however, That e1 Dm bti cef un in case any such balance shall not be claimed by the rightful owner within one month from the day of said sale, the same shall be paid to the collector of the Panama Canal ; and if the same be not claimed by t he owner thereof or his legal re presentat ives wit hin one year thereaft er, the same sha ll be covered in to the Treasury o f the United States a s miscellaneous receipts. At any time before the goods are so sold any person claim ing a right of p roperty or posses sion therein may pay the warehous eman the amount necessary to sati sfy his lien an to pa y the reasonable expenses and li abilities incurre d in serving and posting notices and preparing for the sale up to the time of su ch payment. The warehouseman shall deliver the goods to the person making such payment if he is a person entitled, under the provisio ns of this subch apter, to the po ssession of the g oods on pay. . ment of the ch arges ther eon. Otherwise the warehouseman sha ll retain p ossession of the goods according to the terms of the original contract of deposit. arao~g b and haz • SEC. 760. Pr rs .ir AND aAZA moos Goons .If goods are of a Other methods of en• forcing liens. Effect of sale. Negotiation of re• oeipts by delivery. 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 se ll the goods at public or privat e sale without p osting notices. 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 d isposed of in the same way as the pr oceeds of sales made under the t erms of section 759. SEC. 761 . OTHER METHODS OF ENFORCING LIENS .-The remedy for enforcing a lien herein provided does not preclude any other reme- dies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman's claim as shall not be paid by the proceeds of the sale of the property. SEC. 762. EFFECT OF SALE.-After goods have been lawfully sold to satisf y a warehouseman 's lien, or have been lawfully s old or disposed of because of their perishable or hazardous nature, the warehouse- man shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods wh en they were dep osited, even if such receipt be negotiable. SEC. 76 3 . NEGOTIAT ION OF NEGOTIABLE RECEIPTS BY DE LIVERY AND BY IN DORSEMENT .- - A negotiable re cei pt may be ne got ia ted by delive ry