| 174
Dec. Ses. 1825.
who ships
goods, to be
considered
owner thereof.
Proviso. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
or persons intrusted for the purpose of consignment or sale,
with any goods, wares, or merchandize; and who shall have
shipped or consigned such goods wares or merchandize, in his,
her or their own name or names, and any person or persons, in
whose name or names any goods, wares, or merchandize shall
be shipped or consigned by any other person or persons, shall
be deemed and taken to be the true owner or owners thereof, so
far as to entitle the consignee of such goods, wares, or merchandize,
to a lien thereon, in respect of any money or negotiable
security advanced or given to, or for the use of the person or
persons in whose name or names such goods, wares or merchandize
shall be shipped or consigned, or in respect of any money,
or negotiable security, received by him, her or them, to the
use of such consignee, in the like manner, to all intents and purposes,
as if such person or persons were the true owner or owners
thereof: Provided, That such consignee shall not have notice
by the bill of lading for the delivery of such goods, wares or
merchandise, or otherwise, at or before the time of any advance
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 consigning
in his or their own name or names, or in whose name or
names any goods, wares or merchandize, shall be shipped or
consigned by any other person or persons, is or are not the actual
and bonafide owner or owners, proprietor or proprietors
of such goods, wares or merchandize; and the person or persons
in whose name or names any such goods, wares or merchandize
are so shipped or consigned, shall be taken, for the purpose of
this act, to have been intrusted 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 disputing such fact. |
Person entrusted
with
and having
possession of
goods &c. to
be considered
owner thereof
to certain
extent. |
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 inspectors certificate,
order for the delivery of goods, or other document showing
possession, shall be deemed and taken to be the owner or
owners of the goods, wares or merchandize, mentioned and described
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 persons,
body or bodies politic or corporate, for the sale or disposition
of the said goods, wares or merchandize, or of any part
thereof, or for the deposit 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 notice
by such document, or either of them, or otherwise, that
such person or persons, so intrusted as aforesaid, is or are not |
