Page:United States Statutes at Large Volume 36 Part 1.djvu/331

SIXTY-FIRST CONGRESS. Sess. II. C11. 167. 1910. 307 wise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit. Sec. 34. Pnnrsmlnnn AND HAZARDOUS ooons.-If goods are of a per- l_§¢¤·i¤¤¤¤¤¤ wd huishable nature, or by keeping will deteriorate greatly in value, or by aNggZegr%°gvl¤er,e»c. their odor, leakage, mflammability, or explosive nature, will be liable to in]ure 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 hen 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 specihed, the warehouseman may sell the goods at public or private sale without advertising. 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 disposed of in the same way as the proceeds of sales made under the terms of the preceding section. _ Sec. 35. Ornnn. mnrnons on nmronomo 1.1nNs.—The remedy for ,,,‘§§{‘,f,§e$,€m“““ “°* enforcing a lien herein provided does not preclude any other remedies a.llowed {law for the enforcement of a. lien against ersonal property nor bar the right to recover so much of the warelli)ouseman’s claim as shall not be paid by the proceeds of the sale of the property. Sec. 36. Ernnor on sALn.—After goods have been lawfu ly sold to m°°*°‘•°*°- satisfy a warehouseman’s lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the oods, or to a holder of the receipt given for the goods when they were geposited, even if such receipt be negotiable. Pur HI. Nneorrrniox Ann rnansrnn or anonrrrs. ,,§¤°gg§*{,¥°,§°d;,:° Sec. 37. NEGU1'IATION or NEGOTIABLE nnonnrrs BY DELIVERY.·—- Negomm Mapu A negotiable receipt may be negptiated by delivery- W °°“'°'¥- (a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer; or (b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified (person, and such person or a subsequent indorsee of the receipt has in orsed it in blank or to bearer. Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other speciied person, and in such case the recegpt shall thereafter be negotiated only by the indorsement of such in orsee. Sec. 38. N noorrwrrou on Nnoormnrn nnonxrrs BY nvnonsn- ”’ ’“°°"°“’°“" MENT.-—·A negotiable receipt may be ne otiated by the indorsement of the person to whose order the gooci are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer .or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specihed person. Subsequent negotiation may be made in like manner. Sec. 39. Tnimsrnn on nnonr1>•rs.———A receipt which is not in such ""‘“"°'°“°°°**’“ form that it can be negotiated by delivery may be transferred by the holder by delive to a purchaser or donee. A nonn otiallile receipt can not be negotiated, and the indorsement of suecii a receipt gives the transferee no additional right.