Page:United States Statutes at Large Volume 36 Part 1.djvu/327

SIXTY-FIRST CONGRESS. Sess. II. C11. 167. 1910. 303 the goods as authorized by said subdivisions he shall be so liable. if prior to such delivery he had either- (a) Been requested, by or on behalf of the person lawfully entitled ‘ to a right of property or possession in the goods, not to make such d6llV6f§; or (b) ad information that the delivery about to be made was to one not lawfully entitled to the possession of the goods. » Sec. 11. Nmeormmm ancarvrs musr an CANCELED wnmr eoons b§¤¤g¤1g¤g ¤¤s¤¤- DELIVERED.-Except as provided in section thirty-six, where a ware- ° a°§;§ii1g¤°`l` houseman delivers goods for which he had issued a negotiable receipt, ‘°°”’· *’· 307* the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the recei t, he shall be ·1iable to anyone who purchases for value in good faitli such receipt for failure to deliver the oods to him, whether such purchaser acquired title to the receiptgbefore or after the delivery of the goods by the warehouseman. - _ Sec. 12. NEGOTIABLE RECEIPTS MUST BE CANCELED on MARKED I·i¤¥;i1iw for 11;% wmm PART or ooons 1>1¤L1vEREn.—Except as provided in section i£»I2§`§iilg5§r°€°'°° °` thirty-six, where a warehouseman delivers part of the goods for which he had issued a negotiable recei t and fails either to take up and cancel such receipt or to place plainfy u on it a statement of what goods or packages have been delivered lie shall be liable, to anyone who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman. Sec. 13. Arrrmamn BECEIPTS.—·Tl18 alteration of a recei t shall not ’“'*"'°" '°°°‘P'“· excuse the warehouseman who issued it from any liability if such alteration was—- . ‘ _ (a) Immaterial, ,,,§“§f§_ “ “'“‘“‘°‘ (b) Authorized, or · _ ` (c) Made without fraudulent intent. If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman shall be liable according to the terms of the receipt as they were before alteration. Material and fraudulent alteration of a receipt shall not excuse the _,§,"§°,§§,d§,,Qf*°"°‘ warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but shall excuse him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any urchaser of the recei t for value without notice !mr¢lg·¤¤¤?{<>r~·¤¤¤¤ of the alteration shallp acquire the same riglits against the warehouse- wi ° °° '°°' man which such purchaser would have acquired if the receipt had not been altered at the time of the purchase. _ Sec. 14. Losr oa nnsraormn RECEIP1‘S.·-——VVlI18I`6 a negotiable ,e],°,§l§}’°",@"§$d§§ receipt has been lost or destroyed, a court of competent jurisdiction ¤¤=¤v¤¤- may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties, to be approved by the court, to protect the warehouseman from any liability or expense which he or any person injured by such delivery ma incur by reason of the original receipt remaining outstanding. 'fihe court may also in its discretion order the payment of °“*°’°‘°°°“· the warehouseman’s reasonable costs and counsel fees. _ The delivery of the goods under an order of the court as provided norm °' "“°“ 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 value without notice of the proceedings or of the delivery of the goods.