Page:United States Statutes at Large Volume 47 Part 1.djvu/1264

 1240 72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 19333 sentation, duress, or coe -:cion, mistake, or other invalidating cause, shall govern. Definitions. SEC. 783 . DEFINITIONS .-(1) In t his subch apter, u nless th e con- text or sub ject mat ter oth erwi se requ ires : "Actio n" includes coun terclaim, set-of f, and suit in e quity. ""Delivery" means voluntary transfer of possession fro m one person to another . "Fungible goods" means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit . "Goods" means chattels or merchandise in storage, or which has been or is about to be stored . "Holder" of a receipt means a person who has both actual pos- session of such receipt and a right of property therein . "Order" means an order by indorsement on the receipt. "Owner" does not include mortgagee or pledges : "- Person" includes a corporation or partnership or two or more persons having a joint or common interest . To "purchase" includes to take as mortgagee or as pledges . "Purchaser" includes mortgagee and pledges. "Receipt" means a warehouse receipt . "Value" is any consideration sufficient to support a simple con- tract . An antecedent or preexisting obligation, whether for money or not, constitutes value where a receipt is taken either in satisfac- tion thereof or as security therefor .. "Warehouseman" means a person lawfully eng ag ed in the bus i- nes s of storing goo ds for profit. (2) A thing is done " in good: faith " within the meaning of this subchapter, when it is in fact done : honestly, whether it be flame• negligently or not. Provi8XLns, not retm- SEC. 784. APPLICATION TO EXISTING RECEIPT&.The proVision of active. this subchapter do not apply to receipts made and delivered prior to the talrrng effect of this subchapter. Innkee pers. IN 'N$FFP FRq ~ - on baggage of SEC. 785. HOTELS H AVE LIEN ON BAGGAGE OF GUESTS MAY SELL BAGGAGE ; REsumE ; BAG GAG E NOT BEL ONGI NG TO GUEST-Hot el, inn, boarding-house, and lodging-house keepers shall have a lien upon the baggage and other property belonging to or legally under the con trol of their gu ests, or boarder s, or lodgers wh ich may be in su ch hotel, inn, or boarding or lodging house for the proper charges due from such guests, or boarders, or lodgers, for their accommodation board and lodging, and room rent, and such extras as are furnished at their request, and for all money paid for or advanced to such guests, or boarders or lodgers, and for the costs of enforcing such lien, with the right to the possession of such baggage and other prgp- erty until such charges and moneys are paid. Sale under. And unless such charges and moneys shall be paid when the same become due, said hotel, inn, boarding-house, or lodging-house keeper Ante, P 1235 . may sell said baggage and property under the conditions prescribed in sections 759 to 762 of this code relating to war ehousemen. Sale of unclaimed SEC. 786. UNCLAIMED BAGGAGE MAY BE SOLD AT AUCTION j NOTICE .- bag g age, notice. Wh enever a ny trunk, carpet bag, val ise, box , bundle , or oth er bag- gag e has heretofore come, or shall hereafter come i nto the possessi on of the keeper of any hotel, inn, boarding or lodging house, and has remained or shall remain unclaimed for a period of three months, suc h keeper shall p roceed to sell t he same, under t he conditions pr e. Ante. p.1235. scr ibed in sections 759 to 762 of t his code relatin g to warehouseme n.