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imprisonment in the penitentiary for a period of not less than one year, nor more than three years, in the discretion of the court; provided, however, that nothing herein contained shall be construed to prohibit the bona fide issuing of duplicate receipts, acceptances or other vouchers aforesaid, with the word "duplicate" conspicuously written or printed upon the face thereof, in the stead of any original outstanding receipts, acceptances or other vouchers aforesaid, which may have been lost, destroyed or mislaid; and provided further, that nothing herein contained shall be construed to prohibit any warehouseman in any proceeding taken for the enforecement of his warehouseman's lien, from delivering possession of the goods, wares, merchandise, chattels, commodities or other property sold in such proceeding, to the purchaser or purchasers thereof, without the production, surrender or cancellation of the outstanding receipt, acceptance of order or other voucher for the property so sold.

State v. Bryant, 63 Md. 66.

Ibid. sec. 7. 1876, ch. 262, sec. 7.

11. No person having any claim, right or action whatever under this Article or otherwise upon or under any instrument declared negotiable thereby, or by reason of the issuing, negotiation or holding of said instrument, or the doing of any matter or thing by this Article forbidden or made punishable, shall be in any way hindered or precluded from asserting or maintaining the same by or because of any prohibitory or punitive provision in this Article contained.

1906, ch. 19.

12. Bonded warehouses of the United States, known as distillery warehouses, as defined by and existing under the laws of the United States of America and situated in this State, shall be deemed to be warehouses within the contemplation and meaning of this Act, and such distillery warehouses shall be subject to all the provisions of this article not inconsistent with the laws of the United States regulating the conduct and operation of such distillery warehouses, and all warehouse receipts

hereafter issued by such a distillery warehouse shall be governed by and subject to all the provisions of this article as fully to all intents and purposes as the warehouse receipts of any other warehouseman, corporation or person conducting a general warehousing business in this State.

1908, ch. 548.

13. Every person, firm or corporation in this State receiving and storing for hire whiskey, wines or distilled spirits of any kind whatsoever, and every owner or proprietor of any bonded warehouse of the United States, known as distillery warehouses, as defined by and existing under the laws of the United States of America, and situated in this State, shall have a lien on the spirits stored with him for his storage charges, for all moneys advanced by him for freight, cartage, labor, weighing, coopering or other expenses in relation to such spirits, and for all moneys advanced by him for the payment of any Federal, State, county or municipal tax or duty by law imposed upon said spirits while in bond or otherwise in the possession of such warehouseman, or which said warehouseman is by law required to pay, together with legal interest upon all advances so made from the times the same respectively were made; and it shall be lawful for such warehouseman to detain such spirits until his said lien is paid or satisfied in the manner hereinafter provided.

Ibid. sec. 14.

14. Whenever whiskey, wines or distilled spirits of any kind whatsoever belonging to the same owner are stored with any such warehouseman at different times, or whenever separate parcels of such spirits belonging to the same owner are stored with any such warehouseman at the same time, and portions thereof are delivered without payment of storage charges or advances, as aforesaid, made thereon, then said warehouseman shall have a lien upon the portion of such spirits left on storage for all storage charges due and all advances as aforesaid made on the whole.

Ibid. sec. 15.

15. Every such warehouseman who shall have on storage in his possession any whiskey, wines or distilled spirits of any kind whatsoever, on which the tax due the United States Government shall have been paid by such warehouseman, may at any time after the expiration of thirty days from the payment of such tax, enforce his aforesaid lien by sale of such spirits in the manner herein provided.

Ibid. sec. 16.

16. Before any such sale is made, the warehouseman shall give public notice thereof by advertisement inserted at least once a week for three successive weeks prior to the date of such sale in one or more newspapers published in the city or county in this State wherein the warehouseman's principal office is located; and shall also, at least three weeks prior to such sale, cause a notice thereof to be mailed to the last known postoffice address of the original bailor of such spirits, and to the last known postoffice address of any person or persons who shall have theretofore given the warehouseman notice of an interest or claim in said spirits; which notices shall contain (1) a brief description of the spirits against which the lien exists, the date and terms of storage, and the names of the bailor, and of all others then known by the warehouseman to claim an interest in said spirits; (2) an itemized statement of the storage charges, advances and other expenses claimed, showing the amount of the lien therefor at the date of the first insertion of said newspaper notice; (3) the time, manner and terms of such sale, and the place of such sale, which place shall be the city or county in this State wherein the warehouseman's principal office is located; and (4) a statement that the said spirits may be redeemed by the owner thereof prior to such sale upon payment to the warehouseman of the amount of his lien at the date of such payment, together with the expenses incurred in connection with said sale and the advertisement thereof.

Ibid. sec. 17.

17. At any time previous to such sale the owner of said spirits may redeem the same by paying to the warehouseman

the amount due on account of his said lien to the day of such payment together with whatever expenses may have been incurred in connection with said sale and the advertisement thereof.

Ibid. sec. 18.

18. If the spirits are not redeemed in the manner authorized by the preceding section of this Act, then at the time and place named in the aforegoing notices the warehouseman may sell the said spirits at public auction to the highest bidder, and out of the proceeds of sale he may retain a sum sufficient to satisfy in full the amount of storage charges due upon said spirits, and the amount of advances for any of the purposes aforesaid made thereon, together with interest on said advances as aforesaid, and all expenses incurred in connection with said sale, all of which items shall be computed to the day of said sale, and the balance, if any, shall be held by the warehouseman for the account of such personor persons as may be lawfully entitled thereto, and shall be paid to such person or persons upon satisfactory proof that he or they are entitled to the same.

Ibid. sec. 19.

19. The provisions of this Act shall not be taken to preclude the warehouseman from pursuing at any time any other remedy or remedies he may lawfully be entitled to pursue for the recovery of his storage charges upon spirits stored with him, or for the recovery at any time of any advances made by him upon said property; nor shall anything in this Act contained be taken to bar or preclude the warehouseman from recovering, in any way he may be lawfully entitled to recover, so much of his said lien and expenses as the proceeds of any sale made hereunder may be insufficient to pay.

Ibid. sec. 20.

20. It shall be lawful for the warehouseman whose lien is being enforced by sale under the provisions of this Act to become the purchaser at the sale of the spirits upon which said lien exists.

ARTICLE XVI.

CHANCERY.

1908, ch. 101.

91A. In all cases where real or personal property shall become or shall have become vested in any educational or charitable corporation by deed, will, testament or codicil, subject to conditions subsequent or to terms of gift which said corporation is required to agree to, and to a limitation over (upon breach of such condition or failure to observe said terms) to some other person or persons or corporation, then if, in the proceeding hereinafter provided for, or in any other suit or action, said condition or conditions shall be held to be too remote (under the rule against perpetuities) to be operative, or if it be held that there is no right of entry, on the breach of such condition or conditions, in the person or persons or corporation to which said property is limited over as aforesaid, or that said limitation over is too remote, and if in consequence thereof the corporation aforesaid in which said property shall be vested would be able but for this Act to hold said property and disregard the conditions or terms on which the gift, devise or bequest was made, in all such cases the court or courts of equity having jurisdiction in the place where said property shall be located, or in the county or city in which the principa offilce or place of business of said educational or charitable corporation first mentioned in this section is located, shall have full power and authority, in its discretion, to enforce by said corporation with said conditions or terms of gift, devise or bequest, so that it may not be in the power of said corporation to continue to hold said property without also complying with said condition, conditions or terms.

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