852

LAWS OF MARYLAND.— 1825.

notice by the bill of lading for the delivery of such goods, wares
or merchandise, or otherwise, at or before the time of any ad-
vance of such money or negotiable security, or of such receipt
of money or negotiable security in respect of which such lien
is claimed, that such person or persons, so shipping or con-
signing in his, her or their own name or names, or in whose
name or names any goods, wares or merchandise, shall be
shipped or consigned by any other person or persons, is or are
not the actual and bona fide owner or owners, proprietor or pro-
prietors of such goods, wares or merchandise ; and the person
or persons in whose name or names any such goods, wares or
merchandise are so shipped or consigned, shall be taken, for the
purpose of this act, to have been entrusted therewith, for the
purpose of consignment or sale, unless the contrary thereof
shall be made to appear by bill of discovery, or otherwise, or
be made to appear, or shewn in evidence by any person dis-
puting such fact
A part of this proviso is repealed by 1829, ch. 198, sec. 1,

Person en-
trusted with
and having
possession
of goods,
&c. to be
considered
owner
thereof to
certain
extent.

SEC. 2. And be it enacted, That from and after the first day
of October next, any person or persons entrusted with and in
possession of any bills of lading, storekeeper or inspector's cer-
tificate, order for the delivery of goods, or other document show-
ing possession, shall be deemed and taken to be the owner or
owners of the goods, wares or merchandise, mentioned and de-
scribed in the said several documents ; so far as to give validity
to any contract or agreement thereafter to be made or entered
into by such person or persons, with any other person or per-
sons, body or bodies politic or corporate, for the sale or disposi-
tion of the said goods, wares or merchandise, or of any part
thereof, or for the deposite or pledge thereof, or of any part
thereof, as a security for any money or negotiable instrument
or instruments advanced or given on the faith of such several
documents, or either of them; Provided, that such person or
persons, body or bodies politic or corporate, shall not have no-
tice by such document, or either of them, or otherwise, that
such person or persons, so entrusted as aforesaid, is or are not
the actual and bona fide owner or owners, proprietor or proprie-
tors of such goods, wares or merchandise.

Bargain and
payment
authorized
to agents,
&c.

SEP. 3. And be it enacted, That from and after the passage
of this act, it shall and may be lawful for any person or persons,
body or bodies politic or corporate, to contract with any agent
or agents, factor or factors, entrusted with any goods, wares or
merchandise, or to whom the same may be consigned for the
purchase of any such goods, wares or merchandise, and to re-
ceive from, and pay for the same to such agent or agents, factor
or factors, and such contract and payment shall be good and
binding against the owner or owners, proprietor or proprietors,
of such goods, wares or merchandise, notwithstanding such