PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

mission merchant, factor, agent, or other bailee or
consignee, any other title or right to such articles con-
signed, than the special right or title to sell and de-
liver the same to a fair and bona fide purchaser, for a
valuable consideration, and every mortgage, pledge,
deposit, or other disposal by said commission mer-
chants, factors, agents, bailees, or other consignees,
of such articles thus consigned for sale alone, unless
such mortgage, pledge, deposit, or other disposal shall
be made with the consent of such grower, producer,
or other owner, expressly given, shall be utterly null
and void, and no title whatever to said articles, or any
of them, shall pass to the person or persons so receiv-
ing the same, but the title thereto shall still remain in
the said grower, producer, or other consignor thereof,
in the same manner and to the same extent as if no
such mortgage, pledge, deposit, or other disposal had
been made of the same.

CHAP. 293.

SEC. 2. And be it enacted, That, whenever any com-
mission merchant, factor, agent, or other consignee,
shall be discharged under the insolvent laws of this
State, no agricultural produce which may have been
consigned to him for sale, and which may be on hand
at the time of his application and discharge, not sold
to a fair and bona fide purchaser, for a valuable con-
sideration, in the true sense and meaning of the first
section of this act, shall pass to the trustee of said in-
solvent, or be in any wise answerable for the debts of
said insolvent, but all such agricultural produce so
consigned and so on hand at the time of said appli-
cation and discharge, shall be the right and property
of the grower, producer, or other owner, who shall
have so consigned the same, in the same manner and
to the same extent as if no such consignment had
ever been made.

Consignments
not to go into
the hands of the
trustee of in-
solvent agent.

SEC. 3 And be it enacted, That nothing in this act
contained shall be taken or construed in any manner1
to impair any right of lien which any commission
merchant, factor, or agent may have acquired, or be
entitled to for advances bona fide made, either in
money or goods, to any such grower, producer, or
owner, on the faith and security of such consign-
ments, but the said right of lien shall be the same as
it now exists by the course of the common law, and
the courts of equity.

Not to impair
lien of agent.

SEC 4. And be it enacted, That the act of eighteen
hundred and twenty-five, chapter one hundred and
eighty-two, and the act of eighteen hundred and
twenty-nine, chapter one hundred and ninety-eight,

Inconsistent
acts repealed.