§ 1632. Voluntary deposit A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is the depositor, and the person receiving the depositary. § 1633. Involuntary deposit An involuntary deposit is made: (1) by the accidental leaving or placing of personal property in the possession of a person, without negligence on the part of its owner; or (2) in cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of a person. § 1634. Duty of involuntary depositary The person with whom a thing is deposited as provided by section 1633 of this title is bound to take charge of it, if able to do so. § 1635. Deposit for keeping A deposit for keeping is one in which the depositary is bound to return the identical thing deposited. § 1636. Deposit for exchange A deposit for exchange is one in which the depositary is bound only to return a thing corresponding in kind to that which is deposited. Subchapter II-Obligations of the Depositary 81651. Delivery on demand A depositary shall deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by section 1654 of this title. § 1652. Necessity of demand A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. § 1653. Place of delivery A depositary shall deliver the thing deposited at his residence or place of business, as may be most convenient for him. § 1654. Notice of adverse claim A depositary shall give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering the thing to him. § 1655. Notice of deposit to true owner A depositary who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice. § 1656. Delivery of thing owned jointly, etc. If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each his proper share thereof, if it can be done without injury to the thing. § 1657. Delivery of joint deposits If a deposit is made in the name of two or more persons deliverable or payable to either or to their survivor or survivors, the deposit or any part thereof, or increase thereof, may be delivered or paid to either of the persons or to the survivor or survivors in due course of business. Article B-Obligations and Rights of Warehousemen Upon Their Receipts 1781. Obligation of warehouseman to deliver. 1782. Justification of warehouseman in delivering. 1783. Warehouseman's liability for misdelivery. 1784. Negotiable receipts must be cancelled when goods delivered. 1785. Negotiable receipts must be cancelled or marked when part of goods delivered. 1786. Altered receipts. 1787. Lost or destroyed receipts. 1788. Effect of duplicate receipts. 1789. Warehouseman cannot set up title in himself. 1790. Interpleader of adverse claimants. 1791. Warehouseman has reasonable time to determine validity of claims. 1792. Adverse title is no defense except as above provided. 1793. Liability for nonexistence or misdescription of goods. 1794. Liability for care of goods. Sec. 1795. Goods must be kept separate. 1796. Fungible goods may be commingled, if warehouseman authorized. 1797. Liability of warehouseman to depositors of commingled goods. 1798. Attachment or levy upon goods for which a negotiable receipt has been issued. 1799. Creditors' remedies to reach negotiable receipts. 1800. What claims are included in the warehouseman's lien. 1801. Against what property the lien may be enforced. 1802. How the lien may be lost. 1803. Negotiable receipt must state charges for which lien is claimed. 1804. Warehouseman need not deliver until lien is satisfied. 1805. Warehouseman's lien does not preclude other remedies. 1806. Satisfaction of lien by sale. 1807. Perishable and hazardous goods. 1808. Other methods of enforcing liens. 1809. Effect of sale. Article C-Negotiation and Transfer of Receipts 1811. Negotiation of negotiable receipts by delivery. 1812. Negotiation of negotiable receipts by indorsement. 1813. Transfer of receipts. 1814. Who may negotiate a receipt. 1815. Rights of person to whom a receipt has been negotiated. 1816. Rights of person to whom a receipt has been transferred. 1817. Transfer of negotiable receipt without indorsement. 1818. Warranties on sale of receipt. 1819. Indorser not a guarantor. 1820. No warranty implied from accepting payment of a debt. 1821. When negotiation not impaired by fraud, mistake, or duress. 1822. Subsequent negotiation. 1823. Negotiation defeats vendor's lien. Article D-Criminal Offenses 1831. Issue of receipt for goods not received. 1832. Issue of receipt containing false statement. 1833. Issue of duplicate receipts not so marked. 1834. Issue for warehouseman's goods of receipts which do not state that fact. 1835. Delivery of goods without obtaining negotiable receipt. 1836. Negotiation of receipt for mortgaged goods. Article E-Interpretation 1841. Cases not provided for in subchapter. 1842. Interpretation shall give effect to purpose of uniformity. 1843. Definitions. 1844. Short title. SUBCHAPTER V-INNKEEPERS 1871. Innkeeper's lien on property of guests. 1872. Unclaimed baggage; sale at auction. 1891. Obligation of finder. SUBCHAPTER VI-FINDING 1892. Notice of finding of things or saving of animals; restitution. 1893. Proof of ownership. 1894. Reward and compensation to finder. 1895. Storage of thing found. 1896. Sale by finder. 1897. Manner of sale. 1898. Vesting of property in finder. 1899. Abandoned things. Subchapter I-General Provisions § 1691. Indemnification of depositary A depositor shall indemnify the depositary for: (1) damage caused to him by the defects or vices of the thing deposited; and (2) expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. § 1692. Obligation of depositary of animals A depositary of living animals shall provide them with suitable food and shelter, and treat them kindly. § 1693. Use of thing deposited A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity. § 1694. Liability for damage arising from wrongful use A depositary is liable for damage happening to the thing deposited, during his wrongful use thereof, unless the damage must inevitably have happened though the property had not been thus used. § 1695. Sale of thing in danger of perishing If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. § 1696. Injury to or loss of thing deposited If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, as far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur. § 1697. Services by depositary As far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by chapters 59-63 of this title on employment and service. § 1698. Liability of depositary The liability of a depositary for negligence may not exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Subchapter II-Gratuitous Deposit § 1721. Gratuitous deposit defined Gratuitous deposit is a deposit for which the depositary does not receive consideration beyond the mere possession of the thing deposited. § 1722. Nature of involuntary deposit An involuntary deposit is gratuitous, the depositary not being entitled to a reward. § 1723. Degree of care required A gratuitous depositary shall use at least slight care for the preservation of the thing deposited. § 1724. Termination of duties of depositary The duties of a gratuitous depositary cease upon his: (1) restoring the thing deposited to its owner; or (2) giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. An involuntary depositary, under paragraph (2) of section 1633 of this title, may not give such a notice until the emergency which gave rise to the deposit is past. Subchapter III-Storage § 1741. Deposit for hire A deposit not gratuitous is called storage. The depositary in such a case is a depositary for hire. § 1742. Degree of care required A depositary for hire shall use at least ordinary care for the preservation of the thing deposited. § 1743. Compensation for fraction of week or month In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month's hire for the storage of any other property during any fraction of a half-month. 1744. Termination of deposit (a) In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice. (b) Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing. § 1745. Depositary's lien (a) A depositary for hire has a lien for: (1) storage charges; (2) advances and insurance incurred at the request of the depositor; (3) money necessarily expended in and about the care, preservation, and keeping of the property stored; (4) money advanced at the request of the depositor, to discharge a prior lien; and (5) the expenses of a sale where default has been made in satisfying a valid lien. (b) The rights of the depositary for hire to the lien are regulated by chapters 97 et seq., of this title, on liens. The lien may be enforced in the manner provided by sections 1806, 1808 and 1809 of this title, relating to warehousemen. § 1746. Sale to satisfy lien If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereon, he may cause the property to be sold to satisfy his lien for storage in accordance with sections 1806– 1809 of this title relating to warehousemen. Subchapter IV-Warehouse Receipts Article A-The Issue of Warehouse Receipts § 1771. Persons who may issue receipts A warehouse receipt may be issued by any warehouseman. § 1772. Form of receipts; essential terms A warehouse receipt need not be in any particular form, but must embody within its written or printed terms: (1) the location of the warehouse where the goods are stored; (2) the date of issue of the receipt; (3) the consecutive number of the receipt; |