854

LAWS OF MARYLAND.— 1826.

right, title or interest in the said goods, wares or merchandise,
or the aforesaid documents, than was possessed, or could or
might have been enforced by the said agent or agents, factor or
factors, at the time of such deposite or pledge, but such person
or persons, body or bodies politic or corporate, shall and may
acquire, possess and enforce such right, title or interest, as was
possessed, or could or might have been enforced by such agent
or agents, factor or factors, at the time of such deposite or pledge

Proviso.

as aforesaid ; Provided, that such person or persons, body or
bodies politic or corporate, so accepting and taking such goods,
wares or merchandise, or such documents aforesaid, in deposite
or pledge as aforesaid, shall not have notice at the time of so
accepting and taking the same, that the said agent or agents,
factor or factors, had no authority from his, her or their prin-
cipal or principals, to pledge or deposite the same, or to part
with the possession thereof.

Real owner
provided

SEC. 6. And be it enacted. That nothing in this act contained
shall be construed to deprive or prevent the trie owner or
owners, proprietor or proprietors, of any such goods, wares or
merchandise in this act described, from demanding, recovering
or receiving the same from his, her or their agent o; agents, fac-
tor or factors, before the same shall have been sold, deposited
or pledged, or from the trustee of such agent or agents, factor
or factors, in the event of his, her or their insolvency, and in
preference to all creditors of such agents and factors; nor to
prevent such owner or owners, proprietor or proprietors, from
demanding, recovering and receiving of, and from any person or
persons, body or bodies politic or corporate, the sum agreed to
be paid for the purchase of such goods, wares or merchandise,
subject, however, to the same right of set of, on the part of
such person or persons, body or bodies poltic or corporate,
against such agent or agents, factor or factory as is herein after
provided in cases where such agent or agens, factor or factors,
shall have become insolvent; nor to prevent such owner or
owners, proprietor or proprietors, from demanding, recovering or
receiving, from such person or persons, body or bodies politic
or corporate, such goods, wares or merchandise, so deposited or
pledged, on repayment of the money or restoration of the nego-
tiable instrument so advanced, and on payment of such further
sum of money, or restoration of such >ther negotiable instru-
ment (if any) as may have been advanced or given by such
agent or agents, factor or factors, to such owner or owners, pro-
prietor or proprietors, or on payment of a sum of money equal
to the amount of the same, nor to prevent the said owner or
owners, proprietor or proprietors, fron demanding, recovering or
receiving from such person or persons, body or bodies politic or
corporate, any balance or sum of money remaining in his, her