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Dec. Ses. 1825.
Proviso. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
persons, body or bodies politic or corporate, to accept and take
any such goods, wares or merchandise, or any such document
aforesaid, in deposite or pledge as a security for any debt or
demand existing before the time of such deposite or pledge,
from any such agent or agents, factor or factors, notwithstanding
such person or persons, body or bodies politic or corporate,
shall have such notice as aforesaid, that the person or persons
making such deposite or pledge, is or are an agent or agents,
factor or factors; but then in that case, such person or persons,
body or bodies politic or corporate, shall acquire no further or
other right, title or interest in the said goods, wares or merchandize,
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 as aforesaid; Provided, That such person or persons, body
or bodies politic or corporate, so accepting and taking such
goods, wares or merchandize, 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
principal or principals to pledge or deposite the same, or to
part with the possession thereof. |
Real owner
provided for. |
6. And be it enacted, That nothing
in this act contained shall
be construed to deprive or prevent the true owner or owners,
proprietor or proprietors, of any such goods, wares or merchandize
in this act described, from demanding, recovering or receiving
the same from his, her or their agent or agents, factor
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 merchandize,
subject however to the same right of set off, on the part of such
person or persons, body or bodies politic or corporate, against
such agent or agents, factor or factors, as is hereinafter provided
in cases where such agent or agents, 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 merchandize, so deposited
or pledged, on repayment of the money or restoration of the
negotiable instrument so advanced, and on payment of such
further sum of money, or restoration of such other negotiable instrument |
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