LAWS OF MARYLAND. 1825.

855

or their hands, as the produce of the sale of such goods, wares
or merchandise, after deducting thereout the amount of the mo-

ney or negotiable instrument so advanced: Provided) that in
case of the insolvency of any such agent or agents, factor or
factors, the owner or owners, proprietor or proprietors, of the
goods, wares or merchandise, so pledged and redeemed, shall
be held to have discharged pro-tanto, the debt due by him, her
or them, to the estate of such insolvents : And provided further,
that nothing herein contained shall be construed to deprive any
principal or principals, or owner or owners, proprietor or pro-
prietors, of such goods, wares or merchandise as aforesaid, of
any remedy at law or equity, which principals, owners or pro-
prietors, might heretofore have had against their agents or
factors, on any matter of contract between them, or for the vio-
lation of any engagement, duty or debt, for which such agents
or factors have heretofore been liable at law or equity ; subject,
nevertheless, to the right of such agents or factors to be allowed
the benefit of any payments of any debt or damages recovered
and paid from and on such contracts aforesaid, by any other
person or persons, body or bodies politic or corporate.

Proviso.

SEC. 7. And be it enacted, That in all cases where an agent
or factor shall have made a contract for the sale of goods, wares
or merchandise, or shall have delivered the same in pursuance
of any such contract, to any person or persons, body or bodies
politic or corporate, and such agent or factor, before the payment
of the purchase money for the same, shall have become insol-
vent, it shall and may be lawful to, and for the principal, or the
owner or proprietor of the said goods, to ask, demand and re-
ceive the said purchase money, from the person or persons, body
or bodies politic or corporate, so indebted therefor, and such per-
son or persons, body or bodies politic or corporate, so indebted,
shall have no benefit of set off, in any action which may be
brought for the recovery of the same, unless such claim or de-
mand of set off shall have arisen, or be created in a course of
dealings with the said agent or factor, acting in his capacity of
agent or factor for the same principal or owner, or shall have
arisen from previous advances of money or materials found, or
work, or labour done for the use, benefit or advantage of the
said principal, or owner or proprietor.

Case of
insolvency
of agent.

SEC. 8. And be it enacted, That in no case shall any claim
or demand of set off, of a debt due by an agent or factor, be
allowed against his principal, in favour of any person or per-
sons, body or bodies politic or corporate, receiving goods, wares
or merchandise as aforesaid, in pursuance of a contract of sale,
or in deposite or pledge, unless such person or persons, body or
bodies politic or corporate, shall have contracted for the said
goods, wares or merchandise, or received the same in deposite or

Knowledge
of no
authority.