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Session Laws, 1963
Volume 671, Page 890   View pdf image (33K)
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892                                LAWS OF MARYLAND                        [CH. 538

(4) The warehouseman may buy at any public sale pursuant to
this section.

(5)  A purchaser in good faith of goods sold to enforce a ware-
houseman's lien takes the goods free of any rights of persons against
whom the lien was valid, despite noncompliance by the warehouse-
man with the requirements of this section.

(6)   The warehouseman may satisfy his lien from the proceeds of
any sale pursuant to this section but must hold the balance, if any,
for delivery on demand to any person to whom he would have been
bound to deliver the goods.

(7)   The rights provided by this section shall be in addition to all
other rights allowed by law to a creditor against his debtor.

(8)   Where a lien is on goods stored by a merchant in the course
of his business the lien may be enforced in accordance with either
subsection (1) or (2).

(9)   The warehouseman is liable for damages caused by failure to
comply with the requirements for sale under this section and in case
of willful violation is liable for conversion.

Part 3
Bills of Lading: Special Provisions

7301. Liability for Non-Receipt or Misdescription; "Said to Con-
tain"; "Shipper's Load and Count"; Improper Handling.

(1)  A consignee of a non-negotiable bill who has given value in
good faith or a holder to whom a negotiable bill has been duly nego-
tiated relying in either case upon the description therein of the
goods or upon the date therein shown may recover from the issuer
damages caused by the misdating of the bill or the non-receipt or
misdescription of the goods except to the extent that the document
indicates that the issuer does not know whether any, part or all of
the goods in fact were received or conform to the description, as
where the description is in terms of marks or labels or kind, quantity,
or condition or the receipt or description is qualified by "contents or
condition of contents of packages unknown", "said to contain",
"shipper's weight, load and count" or the like, if such indication be
true.

(2)   When goods are loaded by an issuer who is a common carrier,
the issuer must count the packages of goods if package freight and
ascertain the kind and quantity if bulk freight. In such cases "ship-
per's weight, load and count" or other words indicating that the
description was made by the shipper are ineffective except as to
freight concealed by packages.

(3)   When bulk freight is loaded by a shipper who makes available
to the issuer adequate facilities for weighing such freight, an issuer
who is a common carrier must ascertain the kind and quantity within
a reasonable time after receiving the written request of the shipper
to do so. In such cases "shipper's weight" or other words of like
purport are ineffective.

(4) The issuer may by inserting in the bill the words "shipper's

 

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Session Laws, 1963
Volume 671, Page 890   View pdf image (33K)
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