Page:United States Statutes at Large Volume 31.djvu/1484

1432 FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. carrying out the provisions of the preceding sections of this code, such moneys shall be paid into the Treasury of the United States by the Commissioners of the District of Columbia. CHAPTER FIETY-six. _US<>S·¤~<* mms- USES AND TRUS178. w§‘§§“,j§§‘§§§_‘°b""‘ Sec. 1617. THE LEGAL ESTATE TO BE IN eEsTUi QUE UsE.—VVhere lands, tenements. or hereditaments are conveyed or devised to one person, whether for years or for a freehold estate, to the use of or in trust for another. no estate or interest, legal or equitable, shall vest in the trustee, but the person entitled, according to the true intent and meaning of such instrument, to the actual possession of the property and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration and subject to the same conditions as his beneiicial interest, except where the title of such trustee not merely nominal but is connected with some power of actual disposition or management of the property conveyed. P"‘°h“S°'“""“"“`· Sec. 1618. PURCHASER Foa VALUE.—NO implied or resulting trust shall be alleged or established to defeat or prejudice the title ofda purchaser for a valuable consideration and without notice of such trust; and where an express trust is created. but is not contained or declared in the conveyance to the trustee, such conveyance shall be deemed absolute in favor of purchasers from the trustee for value and without notice of the trust. - CHAPTER F1ETY—sEvEx. "*`¤¤>¤¤¤¤€¤¤¤·¤- WAREHOUSEM EN . mg-jimi of Warehouse- Sec. 1619. LIEN or WAREHOUSEMEN.—E\`(¥·l'}i person, firm. associa- ` tion, or corporation lawfully engaged in the business of storing goods, wares, merchandise. or personal property of any description shall have a lien iirst, except for taxes thereon, for the agreed charges for storing the same and for all moneys advanced for freight. cartage, labor, ·S&l"»*’*°· insurance, and other necessary expenses thereon. Said lien for such unpaid charges, upon at least one year’s storage and for the aforesaid advances in connection therewith, may be enforced by sale at public auction, after thirty days’ notice in writing mailed to the last known address of the person or persons in whose name or names the said property so in default was stored, and said notice shall also be published for six days in a daily newspaper in the District of Columbia. And after deducting all storage charges, advances. and expenses of sale. any balance arising therefrom shall be paid by the bailee to the bailor of such goods, wares, merchandise. or personal property. his assigns or legal representatives. ‘m”>’b€l¤ mk-°“`· Sec. 1620. AssIGNEE.—Said property may be so sold either in bulk or in separate pieces, articles, packages, or parcels. as will in the judg- ,{_Tf)’g'(';°·m migucb ment of the lien holder secure the largest obtainable price: [’»·m·/ded, of stored properry. That if the person or persons storing said property shall have assigned ’ or transferred the title thereto and have duly recorded said assignment or transfer upon the books of the storage warehouse, the written notice of sale shall also be mailed to said transferee or assignee. ‘“‘"'°“""l"l"“°· Sec. 1621. WHERE TITLE IN ISSUE.—NVh€l](?VCl` the title or right of possession to any goods, wares, merchandise. or personal property on storage shall be put in issue by any judicial proceeding. the same shall be delivered upon the order of the court, after prepayment of the storage charges and cash advances then due by the person at whose instance such change of possession is so ordered. and who shall be enti-