ARTICLE XXXIV. AGENTS AND FACTORS. 1. Lien on goods, etc., except agricultural productions, by consignee, when goods, etc., consigned by person intrusted with same for consignment or sale. 2. To what cases not to apply; notice to consignee. 3. Who deemed true owner of goods, etc.; contract; notice. 4. When contract with agent good against owner; notice. 5. Goods, etc., in pledge by agent; rights of pledgee. 6. Rights of pledgee; notice. 7. Insolvent agent; set-off. 8. Set-off of debt due by agent as against principal. 1825, c. 182, s. 1; 1819, c. 293, s. 1. Lien on goods, etc., except agricultural productions, by consignee, when goods, etc., consigned by per 1. Any person intrusted for the purpose of consignment or sale Art. 3, s. 1. with any goods, wares, or merchandise, except agricultural productions, and who shall have shipped or consigned the same in his own name, and any person in whose name any goods, wares, and merchandise shall be shipped or consigned by any other person, shall be taken to be the true owner thereof, so far as to entitle the consignee to a lien thereon for any money or negotiable security ad- with same for consignment or vanced or given to or for the use of the person in whose name such goods, wares, or merchandise shall be shipped or consigned, or for any money or negotiable security received by him to the use of such consignee, in the same manner as if such person were the true owner. son intrusted sale. 1825, c. 182, s. 1; Notice to 2. The provisions of the preceding section shall not apply to any Id. s. 2. case where the consignee shall have notice by the bill of lading or otherwise, at or before the time of any advance of such money or negotiable security, or of such receipt of money or negotiable security for which such lien is claimed, that the person so shipping or consignee. consigning in his own name or in whose name any goods, wares, or merchandise shall be shipped or consigned by any other person, is not the actual and bonâ fide owner thereof. 1825, c. 182, s. 2. goods, etc. 3. Any person intrusted with and in possession of any bills of Id. s. 3. lading, storekeeper's or inspector's certificate, order for the delivery who deemed of goods, or other document showing possession, shall be deemed true owner of the true owner of the goods, wares, or merchandise described therein, so far as to give validity to any contract thereafter to be made by Contract. such person with any other person or body corporate for the sale or disposal of the said goods, wares, or merchandise, or for the pledge or deposit thereof as a security for any money or negotiable instrument advanced or given on the faith of such documents, or either of Proviso. Id. s. 4. 1825, c. 182, s. 3. with agent good against owner. them; provided, that such person or body corporate shall not have notice by such document or otherwise, that the person so intrusted is not the actual and bonâ fide owner of such goods, wares, and mer chandise. 4. Any person or body corporate may contract with any agent or When contract factor intrusted with any goods, wares, or merchandise, or to whom the same may be consigned, for the purchase thereof, and may receive from and pay for the same to such agent, and such contract and payment shall be good against the owner, notwithstanding such person shall have notice that the person making such contract, or on whose behalf such contract is made, is an agent or factor; provided, such contract and payment be made in the usual course of business, and that such person or body corporate shall not when such contract is entered into or payment made, have notice that such agent or factor is not authorized to sell the goods, wares, or merchandise, or receive the purchase-money for the same. Proviso. Notice. Id. s. 5. 1825, c. 182, s. 4. Goods, etc., in pledge by agent. Rights of pledgee. Id. s. 6. 1825, c. 182, s. 5. Rights of pledgee. Notice. Id. s. 7. 35 Md. 396. 5. If any person or body corporate shall take any goods, wares, or merchandise, or any document mentioned in the third section, in deposit or pledge from any person so intrusted with the same, or to whom the same may be consigned, or who may be intrusted with and in possession of any such bill of lading, storekeeper's or inspector's certificate, order for the delivery of goods, or other such document showing possession, without notice as aforesaid, as a security for any debt or demand existing before the time of such deposit or pledge, then such person shall acquire such right, title, or interest as was possessed and might have been enforced by the person from whom he received the same, and no more. 6. Any person or body corporate may take any goods, wares, or merchandise, or any such document as aforesaid, in deposit or pledge as a security for a pre-existing debt or demand from such agent or factor, knowing him to be such, but with such notice they shall only acquire the right or interest therein which was possessed by such agent or factor at the time of the deposit or pledge, but if he shall have notice that such agent or factor had no authority from his principal to pledge or deposit the same or to part with the possession thereof, in such case such person or body corporate shall acquire no right or interest therein. 7. In all cases where an agent or factor shall have made a conInsolvent agent. tract for the sale of goods, wares, or merchandise, or shall have delivered the same in pursuance of any such contract to any person or body corporate, and shall, before the payment of the purchase-money for the same, have become insolvent, the principal or owner of the said goods may demand and receive the said purchase-money from the person or body corporate indebted therefor, and such person or body corporate shall have no benefit of set-off in any action which may be brought for the recovery of the same, unless such claim of set-off shall have arisen in a course of dealing with the said agent or Set off. factor acting as such for the same principal or owner, or from previous advances of money or materials found, or work or labor done for the use or advantage of the said principal or owner. 1825, c. 182. s. 8. due by agent as 8. In no case shall any claim or demand of set-off of a debt due Id. s. S. by any agent or factor be allowed against his principal in favor of Set-off of debt any person or body corporate receiving goods, wares, or merchan- against principal. dise as aforesaid, in pursuance of a contract of sale or on deposit or pledge, unless such person or body corporate shall have contracted for or received the same on deposit or pledge, without a knowledge that such agent or factor had no authority to sell or deposit the same. Id. s. 9. 1825, c. 182, s. 6. goods, etc., may When owner of recover from insolvent agent in preference to creditors. 1825, c. 182, s. 6. Further remedies of priu cipal. 9. The owner of any such goods, wares, or merchandise in the hands of an agent or factor unsold and not pledged, may demand and recover the same from such agent or factor, or the trustee of such agent or factor in the event of his insolvency, and in preference to all other creditors of such agent or factor. 10. The said owner may also recover from any person or body Id. s. 10. corporate, the sum agreed to be paid for the purchase of such goods, wares, or merchandise, subject, however, to the same right of set-off on the part of such person or body corporate, against such agent or factor, as is hereinbefore provided in cases where such agent or factor shall have become insolvent; and may demand and recover from such person or body corporate such goods, wares, or merchandise 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 (if any), as may have been advanced or given by such agent or factor to such owner, or on payment of a sum of money equal to the amount of the same, or may recover from such person or body corporate any balance or sum of money remaining in his or its bands as the produce of the sale of such goods, wares, or merchandise, after deducting thereout the amount of the money or negotiable instrument so advanced. 1825, c. 182, s. 6. 11. In case of the insolvency of any agent or factor, the owner Id. s. 11. of the goods, wares, or merchandise so pledged and redeemed as Discharge of provided in the last preceding section, shall be held to have dis- debt due by charged pro tanto the debt due by him to the estate of such in- vent agent's solvent. owner to iusol estate. 1849, c. 293, s. 1. agricultural productions to confer right of sale merely. 12. No consignment of agricultural productions whatever, by Id. s. 12. the grower or producer or other owner, to any commission merchant, Consignment of factor, agent, or other bailee or consignee, for the purpose of sale for the use and benefit of such grower, producer, or other owner, shall be deemed or taken to vest in such commission merchant, agent, factor, or other bailee or consignee, any other title or right to such articles consigned than the special right or title to sell and deliver the same to a fair and bonâ fide purchaser for a valuable consideration. Id. s. 13. 13. Nothing contained in this article shall deprive any principal or owner of goods, wares, or merchandise, of any remedy at law or in against agent. equity, which he might have against his agent or factor on any matter 1825, c. 182, s. 6. Remedies of principal Id. s. 14. 1819, e. 293, s. 1. Mortgage, pledge, etc, agricultural productions, or contract between them, or for the violation of any engagement, duty, or debt, for which such agent or factor has heretofore been liable at law and in equity, subject, nevertheless, to the right of such agent or factor to be allowed the benefit of any payments of any debt or damages received and paid from and on such contracts as aforesaid by any other person or body corporate. 14. Every mortgage, pledge, deposit, or other disposal by said commission merchant, factor, agent, bailee, or consignee of such by consignce of agricultural productions thus consigned for sale alone, unless with the consent of the grower, producer, or other owner, expressly given, shall be null and void, and no title to said articles or any of them shall pass to the person receiving the same, but the title thereto shall remain in the grower, producer, or other consignor thereof as if no such mortgage, pledge, deposit, or other disposal had been made. void. 15. Whenever any commission 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 bonâ fide purchaser for a valuable consideration, shall pass to the trustee of said insolvent, or be in any wise answerable for his debts, but all such agricultural produce so on hand at the time of such application and discharge shall be the property of the grower, producer, or other owner who shall have consigned the same. 16. Nothing contained in the last three preceding sections shall in any manner 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 consignment, but such right of lien shall remain as at common law and mercantile usage. ARTICLE XXXV. BILLS OF EXCHANGE AND PROMISSORY NOTES; BILLS Art. 14, s. 1. 1785, c. 38, s. 1. protested bills of exchange, foreign. 2 H. & J. 396; 5 Howard, 382. 1. The owner or holder of every bill of exchange drawn in this State on any person, corporation, or company in any foreign country, and regularly protested, shall have a right to recover so much current money as will purchase a good bill of exchange of the same time of payment, and upon the same place, at the current exchange 2 Howard, 736; of such bill, and also fifteen per cent. damages upon the value of the principal sum mentioned in such bill, and costs of protest, together with legal interest upon the value of the principal sum therein mentioned from the time of protest until the principal and damages are paid and satisfied. 1785, c. 38, s. 1. 2. If any indorser of such bill shall pay to the owner or holder of Id. s. 2. such bill the value of the principal, and the damages and interest What indorser aforesaid, he shall have the right to recover the sum paid with legal right to recover. paying, to have |