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SECTION 1. Whenever any personal property shall be consigned to or deposited with any forwarding merchant, wharf, warehouse, or tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage, merchandise, or other personal property, and the owner of such property shall be unknown, the person having possession of such property may, if the same be not claimed before the expiration of one year from the time of the consignment or delivery thereof, proceed to sell such property at public auction. Trunks shall be opened in the presence of a justice of the peace, and an inventory taken of the contents.
SEC. 2. Before selling, the person having possession of such propersy shall give notice of such sale by advertisement, at least once a week for three weeks, in some newspaper published in this District.
SEC. 3. The proceeds of such sale shall be applied, first, to pay the costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the clerk of the circuit court, together with a statement containing a description of the property sold, the gross amount of such sale, and the amount of costs, charges, and expenses. Such statement shall be filed in the clerk's office.
SEC. 4. If the owner of the property sold, or his legal representatives, shall, at any time within three years after such money shall have been deposited with the clerk of the circuit court, furnish satisfactory evidence to any judge of the said court of the ownership of such property, he or they shall be entitled to an order from such judge, directing the clerk to pay over the amount so deposited with him.
SEC. 5. If the amount so deposited with the clerk shall not be claimed by the owner of such property or his legal representatives within three years, the same shall be paid over by the clerk for the benefit of public schools in this District, in the manner provided in chapter seven.
SEC. 6. When the property is of a perishable nature, and will be greatly injured by delay, the person having the possession thereof as aferesaid may, after the expiration of thirty days from the time of the consignment or delivery, proceed to sell the same as herein before provided.
SECTION 1. Hereafter, every person in whose name any merchandise shall be shipped or delivered to the keeper of any warehouse, or other factor or agent, to be shipped, shall be deemed the true owner thereof, so far as to entitle the consignee of such merchandise to a lien thereon
1. For any money advanced or negotiable security given by such consignee, on the faith of such consignment, to or for the use of the person in whose name such shipment, or such delivery of merchandise to be shipped, shall have been made;
2. For money or negotiable security received, on the faith of such consignment, by the person in whose name such shipment, or such delivery of merchandise to be shipped, shall have been made, to or for the use of such consignee.
SEC. 2. The lien provided for in the preceding section shall not exist when such consignee shall have notice, by the bill of lading or otherwise, at or before the advancing of any money or security by him, or at or before the receiving of such money or security by the person in whose name the shipment or the delivery of the merchandise to be shipped shall have been made, that such person is not the actual and bona fide owner thereof.
SEC. 3. Every factor or other agent entrusted with the possession of any bill of lading, custom-house permit, or warehouse keeper's receipt for the delivery of any such merchandise, and every such factor or agent, not having the documentary evidence of title, who shall be entrusted with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed the true owner thereof, so far as to give validity to any contract made by such agent or factor with any other person for the sale or disposition of the whole or any part of such
merchandise, for any money advanced, or negotiable instrument, or other obligation. in writing, given by such other person upon the faith thereof.
SEC. 4. Every person who shall hereafter accept any such merchandise in deposit from any such agent as security for an antecedent debt or demand, shall not acquire thereby or enforce any right or interest in or to such merchandise, other than was possessed or might have been enforced by such agent at the time of such deposit.
SEC. 5. Nothing contained in the two last preceding sections shall be construed to prevent the true owner of any merchandise so deposited from demanding or receiving the same, upon repayment of the money advanced, or on restoration of the security given on the deposit of such merchandise, and upon satisfying such lien as may exist thereon in favor of the agent who may have deposited the same; nor from recovering any balance which my remain in the hands of the person with whom such merchandise shall have been deposited, as the produce of the sale thereof, after satisfying the amount justly due to such person by reason of such deposit.
SEC. 6. Nothing in this chapter contained shall be construed to authorize a common carrier, warehouse keeper, or other person to whom merchandise or other property may be committed for transportation or storage only, to sell or hypothecate the same.
OF WEIGHTS AND MEASURES.
2. Respecting weights and measures, and authorizing certain regulations to be made in
SECTION 1. The Secretary of the Treasury is hereby directed to cause a complete set of all weights and measures, adopted as standards, to be delivered to the clerk of the circuit court of this District, for the use of this District, to be kept by the said clerk as the standards of weights and measures.
SEC. 2. The corporations of Washington City and Georgetown, respectively, and the levy court of Washington county, shall provide
and keep for the use and at the charge of said corporations, respectively, or county, a complete set of weights and measures, conformable to said standards, sealed by the clerk of said circuit court.
SEC. 3. The corporations of Washington City and Georgetown, respectively, shall have power to make provisions for the regulation of all weights and measures used in said cities, and to enforce such provisions by appropriate fines and penalties, to be recovered in the name, and applied for the use, of said corporations respectively.
SEC. 4. The said levy court shall have power to appoint a sealer of weights and measures for that part of Washington county which lies outside the corporate limits of Washington City and Georgetown, to prescribe his duties, and fix the compensation to be received by him for his services. Upon the appointment of any such sealer of weights and measures, if any person within the aforesaid part of Washington county shall sell, or offer to sell, any commodity, by weights or measures not sealed by such sealer, or shall keep for buying and selling any weights or measures not sealed by such sealer, he shall forfeit, for each offence, the sum of ten dollars, to be recovered in the name and for the use of said levy court.
OF BILLS OF EXCHANGE, PROMISSORY NOTES, AND CERTAIN ASSIGNMENTS.
SECTION 1. All notes in writing made and signed by any person, whereby he shall promise to pay to any other person or his order, or to the order of any other person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants.
SEC. 2. Every such note, signed by the agent of any person, under a general or special authority, shall bind such person, and shall have the same effect, and be negotiable as above provided.
SEC. 3. The word "person," in the two last preceding sections, shall be construed to extend to every corporation capable by law of making contracts.
SEC. 4. The payees and endorsees of every such note payable to them or their order, and the holders of every such note, payable to bearer, may maintain actions for the sums of money therein mentioned, against the makers and endorsers of the same, respectively, in like manner as in cases of inland bills of exchange, and not otherwise.
SEC. 5. Such notes made payable to the order of the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, have the same effect, and be of the same validity as against the maker, and all persons having knowledge of the facts, as if payable to bearer.
SEC. 6. No person within this District shall be charged as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent.
SEC. 7. If such acceptance be written on a paper other than the bill, it shall not bind the acceptor, except in favor of a person to whom such acceptance shall be shown, and who, on the faith thereof, shall have received the bill for a valuable consideration.
SEC. 8. An unconditional promise, in writing, to accept a bill before it is drawn, shall be deemed an actual acceptance in favor of every person who, upon the faith thereof, shall have received the bill for a valuable consideration.
SEC. 9. Every holder of a bill presenting the same for acceptance, may require that the acceptance be written on the bill; a refusal to comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance.