WAREHOUSE RECEIPTS. 51

kind which the marks or labels upon them indicate, or of the
kind they were said to be by the depositor.

SEC. 21. A warehouseman shall be liable for any loss or
injury to the goods caused by his failure to exercise such care
in regard to them as a reasonably careful owner of similar
goods would exercise, but he shall not be liable, in the absence
of an agreement to the contrary, for any loss or injury to the
goods which could not have been avoided by the exercise of
such care.

SEC. 22. Except as provided in the following section, a
warehouseman shall keep the goods so far separate from goods
of other depositors, and from other goods of the same depositor
for which a separate receipt has been issued, as to permit at all
times the identification and re-delivery of the goods deposited.

SEC. 23. If authorized by agreement or by custom, a ware-
houseman may mingle fungible goods with other goods of the
same kind and grade. In such case the various depositors of
the mingled goods shall own the entire mass in common, and
each depositor shall be entitled to such portion thereof as the
amount deposited by him bears to the whole.

SEC. 24. The warehouseman shall be severally liable to each
depositor for the care and re-delivery of his share of such mass
to the same extent and under the same circumstances as if the
goods had been kept separate.

SEC. 25. If goods are delivered to a warehouseman by the
owner or by a person .whose act in conveying the title to them
to a purchaser in good faith for value would bind the owner,
and a negotiable receipt is issued for them, they can not there-
after, while in the possession of the warehouseman, be attached
by garnishment or otherwise, or be levied upon under an
execution, unless the receipt be first surrendered to the ware-
houseman, or its negotiations enjoined. The warehouseman
shall in no case be compelled to deliver up the actual posses-
sion of the goods until the receipt is surrendered to him or
impounded by the court.

SEC. 26. A creditor whose debtor is the owner of a nego-
tiable receipt shall be entitled to such aid from courts of ap-
propriate jurisdiction, by injunction and otherwise, in attach-
ing such receipt or in satisfying the claim by means thereof as
is allowed at law or in equity, in regard to property which
cannot readily be attached or levied upon by ordinary legal
process.

SEC. 27. Subject to the provisions of Section 30, a ware-
houseman shall have lien on goods deposited or on the proceeds
thereof in his hands, for all lawful charges for storage and
preservation of the goods; also for all lawful claims for money