Book1 Division07 Title13 Chapter02
From Thai Codification Draft of 1919
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.
- The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
- The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".
BOOK ON OBLIGATIONS.
DIVISION VII. SPECIFIC CONTRACTS.
TITLE XIII. Warehousing.
Chapter II. Warehouse Receipt and Warrant.
Section 824.
- If required by the depositor, the warehouseman must deliver to him a warehouse receipt and a warrant.
《Genealogies》
Section 825.
- The warehouse receipt is a document by the indorsement of which the rights and liabilities of the depositor are transferred to the indorsee.
《Genealogies》
Section 826.
- The warrant is a document by the indorsement of which the goods mentioned in it may be pledged to the indorsee without being delivered to him.
《Genealogies》
Section 827.
- [I] The warehouse receipt and the warrant must each bear a serial number and contain the following particulars :
- (1) The name or trade name and the address of the depositor.
- (2) The place of storage.
- (3) The remuneration for storage.
- (4) The nature of the goods stored, their weight or bulk and the nature, number and marking of the packages, if any.
- (5) The place where, and the time when, the receipt and the warrant are made out.
- (6) The period for which the gooks are stored, if any has been fixed.
- (7) If the goods stored are insured, the amount of the insurance, the period for which the goods are insured and the name or trade name of the underwriter.
- [II] The receipt and the warrant must each be signed by the warehouseman.
《Genealogies》
Section 828.
- The fact and date of the issue of the warrant and the serial number of such warrant must be stated in the warehouse receipt.
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Section 829.
- The fact of the issue of the warehouse receipt and warrant must be entered in the books of the warehouseman together with the particulars and serial numbers of such warehouse receipt and warrant.
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Section 830.
- [I] The holder of a warehouse receipt can require the warehouseman to divide the goods stored and to deliver to him a separate warehouse receipt for each part. In such case, the holder must return the original warehouse receipt to the warehouseman.
- [II] The expenses for such division and for the delivery of the new receipt or receipts must be borne by the holder.
《Genealogies》
Section 831.
- The ownership of the goods stored can be transferred only by indorsement on the warehouse receipt.
《Genealogies》
Section 832.
- The goods stored can be pledged only by indorsement of the warrant. After the warrant has been indorsed, the goods may be pledged to a second pledgee by indorsing the warehouse receipt in the same way as a warrant.
《Genealogies》
Section 833.
- As long as the goods stored are not pledged, the warehouse receipt and the warrant cannot be transferred separately.
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Section 834.
- [I] The first indorsement on a warrant must mention the amount of the obligation for the security of which the goods are pledged, the interest to be paid and the day of maturity of the obligation.
- [II] The same particulars must be noted by the first pledgee on the warehouse receipt with his signature, otherwise the first pledgee and the subsequent pledgees cannot set up their right of pledge against the holder of the warehouse receipt.
《Genealogies》
Section 835.
- The delivery of the goods stored can be obtained only on surrender of the warehouse receipt.
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Section 836.
- [I] If a warrant has been issued, the delivery of the goods can be obtained only on surrender of both the warehouse receipt and the warrant.
- [II] However, the holder of the warehouse receipt can at any time have the goods returned to him on depositing with the warehouseman the whole amount of the obligation entered in the warrant, with interest up to the date when the obligation is due.
- [III] The amount so deposited must be paid by the warehouseman to the holder of the warrant upon surrender of such warrant.
《Genealogies》
Section 837.
- If the obligation for which the goods have been pledged is not performed on the day of its maturity, the holder of the warrant is entitled to have the goods sold by public auction by the warehouseman, provided that the public auction shall not be held less than eight days after the day of maturity of the obligation.
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Section 838.
- The holder of the warrant must notify the depositor by registered letter of the day and time when, and of the place where, the auction shall be held.
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Section 839.
- [I] The warehouseman must deduct from the nett proceeds of the public auction, the sums due to him in connection with the storage, and out of the balance he must, on surrender of the warrant, pay to the holder thereof the amount due to him.
- [II] Any surplus must be paid to the second pledgee on surrender of the warehouse receipt or, if there is no second pledgee or after he has been satisfied, to the holder of the warehouse receipt.
《Genealogies》
Section 840.
- If the nett proceeds of the public auction are not sufficient to satisfy the holder of the warrant the warehouseman must return the warrant to the holder stating thereon the amount paid, and make an entry thereof in his books.
《Genealogies》
Section 841.
- The holder of the warrant can have recourse for the amount unpaid against all or any of the prior indorsers, jointly or separately, provided that the public auction has been held within one month after the day of maturity of the obligation.
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Section 842.
- As far as circumstances admit, the provisions of this Code concerning promissory notes apply to warrants and to warehouse receipts indorsed as warrants.
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Section 843.
- If a warehouse receipt or a warrant has been lost or stolen, the holder on giving proper security can require the warehouseman to deliver him a new receipt or warrant.
《Genealogies》
- Draft of April 1924: 902
- Code of January 1925: -
