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326 WAREHOUSE RECEIPTS. [AET. 14A
and liabilities incurred in serving notices and advertising and prepar-
ing for the sale up to the time of such payment. The warehouseman
shall deliver the goods to the person making such payment if he is a
person entitled under the provisions of sections 1 to 60, to the posses-
sion of the goods on payment of charges thereon. Otherwise, the ware-
houseman shall retain possession of the goods according to the terms of
the original contract of deposit.
1910, ch. 406. sec. 34 (p. 54).
34. If goods are of a perishable nature, or by keeping will dete-
riorate greatly in value, or by their odor, leakage, inflammability or
explosive nature will be liable to injure other property, the warehouse-
man 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 circum-
stances to satisfy the lien 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 specified, the ware-
houseman may sell the goods at public or private sale, without advertis-
ing. 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.
1910, ch. 406, sec. 35 (p. 54).
35. The remedy for enforcing a lien herein provided does not pre-
clude any other remedies allowed by law for the enforcement of a lien
against personal property, nor bar the right to recover so much of the
warehouseman's claim as shall not be paid by the proceeds of the sale of
the property.
1910. ch. 406, sec. 36 (p. 54).
36. After goods have been lawfully sold to satisfy a warehouse-
man'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 goods, or to a holder of the receipt given for the goods when they
were deposited, even if such receipt be negotiable.
1910. ch. 406, see. 37 (p. 54).
37. A negotiable receipt may be negotiated by delivery:
(a) Where, by the terms of the receipt, the warehouseman under-
takes to deliver the goods to the bearer; or
(b) Where, by the terms of the receipt, the warehouseman under-
takes to deliver the goods to the order of a specified person and such
person or a subsequent indorsee of the receipt has indorsed it in blank
or to bearer.
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