1924th Book3 Title14 Chapter02

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

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TITLE XIV. Warehousing.

Chapter II. Warehouse Receipt and Warrant.

Section 882.

• If required by the depositor, the warehouseman must deliver to him a document taken out from a special Counterfoil Register and including a warehouse receipt and a warrant in the form provided by Schedule A attached to this Code.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/102

- Commission of Codification, 25th October 1923, P.42/66

- Thai translation: P.86/171

《Genealogies》

1. Draft of 1919: Ob.824
2. Code of January 1925: 775
3. Code of January 1929: 775

Section 883.

• The warehouse receipt is a document by the indorsement of which the rights and liabilities of the depositor are transferred to the indorsee entitles the depositor to transfer the ownership of the goods to another person by indorsement.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/103

- Thai translation: P.86/171

《Genealogies》

1. Draft of 1919: Ob.825
2. Code of January 1925: 776
3. Code of January 1929: 776

Section 884.

• [I] The warrant is a document by the indorsement of which the goods mentioned in it may be pledged to the indorsee entitles the depositor to pledge the goods mentioned in it by indorsement and without being delivered delivering such goods to him the indorsee.
• [II] Provided that when the depositor wants to pledge the goods, he must separate the warrant from the warehouse receipt and deliver the former to the indosee.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/103

- Thai translation: P.86/171

《Genealogies》

1. Draft of 1919: Ob.826
2. Code of January 1925: 777
3. Code of January 1929: 777

Section 885.

• [I] The warehouse receipt and the warrant must each bear a the same serial number as mentioned in the counterfoil, and be signed by the warehouseman.
• [II] They shall 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 insurer.
• [III] The receipt and the warrant must each be signed by the warehouseman The warehouseman must enter the same particulars in the counterfoil.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/103

- Thai translation: P.86/172

《Genealogies》

1. Draft of 1919: Ob.827, Ob.828, Ob.829
2. Code of January 1925: 778
3. Code of January 1929: 778

Section 886.

• [I] When the depositor indorses the warrant to a pledgee, the parties must mention such indorsement upon the warehouse receipt.
• [II] If such mention entry is not made, the pledge cannot be set up against a further buyer of the goods.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/104

- Commission of Codification, 24th October 1923, P.42/67

- Thai translation: P.86/172

《Genealogies》

1. Draft of 1919: -
2. Code of January 1925: 780
3. Code of January 1929: 780

Section 887.

• When the warrant is indorsed and delivered to the pledgee, the depositor and the pledgee shall certify on the warrant that they made on the warehouse receipt the mention provided in the foregoing section.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/104

- Thai translation: P.86/173

《Genealogies》

1. Draft of 1919: -
2. Code of January 1925: 781
3. Code of January 1929: 781

Section 888.

• [I] When the depositor pledges the goods and delivered the warrant to an indorsee, such indorsee must notify in writing to the warehouseman 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; and upon such notification the warehouseman must enter such particulars in the couterfoil.
• [II] If such entry is not made in the counterfoil, the pledge cannot set up against the creditors of the depositor.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/105

- Thai translation: P.86/173

《Genealogies》

1. Draft of 1919: Ob.829
2. Code of January 1925: 782
3. Code of January 1929: 782

Section 889.

• [I] The holder of a warehouse receipt the document including a warehouse receipt and a warrant can may require the warehouseman to divide the goods stored and to deliver to him a separate warehouse receipt document for each part. In such case, the holder must return the original warehouse receipt document to the warehouseman.
• [II] The expenses for such division and for the delivery of the new receipt or receipts document or documents must be borne by the holder.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/105

- Thai translation: P.86/173

《Genealogies》

1. Draft of 1919: Ob.830
2. Code of January 1925: 783
3. Code of January 1929: 783

Section 890.

• The ownership of the goods stored can be transferred only by indorsement on the warehouse receipt.

- Thai translation: P.86/174

《Genealogies》

1. Draft of 1919: Ob.831
2. Code of January 1925: 784
3. Code of January 1929: 784

Section 891.

• 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.

- Thai translation: P.86/174

《Genealogies》

1. Draft of 1919: Ob.832
2. Code of January 1925: 785
3. Code of January 1929: 785

Section 892.

• As long as the goods stored are not pledged, the warehouse receipt and the warrant can may not be transferred separately.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/105

- Thai translation: P.86/174

《Genealogies》

1. Draft of 1919: Ob.833
2. Code of January 1925: 786
3. Code of January 1929: 786

Section 893.

• 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.
• 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.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Thai translation: P.86/174

《Genealogies》

1. Draft of 1919: Ob.834
2. Code of January 1925: 787
3. Code of January 1929: 787

Section 894.

• The delivery of the goods stored can may be obtained only on surrender of the warehouse receipt.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Thai translation: P.86/174

《Genealogies》

1. Draft of 1919: Ob.835
2. Code of January 1925: 788
3. Code of January 1929: 788

Section 895.

• [I] If a warrant has been issued separated and indorsed to a pledgee, the delivery of the goods can may 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.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Thai translation: P.86/175

《Genealogies》

1. Draft of 1919: Ob.836
2. Code of January 1925: 789
3. Code of January 1929: 789

Section 896.

• 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.

- Thai translation: P.86/175

《Genealogies》

1. Draft of 1919: Ob.837
2. Code of January 1925: 790
3. Code of January 1929: 790

Section 897.

• The holder of the warrant must notify the depositor by registered letter in writing of the day and time when, and of the place where, the auction shall will be held.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Commission of Codification, (the page lost), P.42/68

- Thai translation: P.86/175

《Genealogies》

1. Draft of 1919: Ob.838
2. Code of January 1925: 791
3. Code of January 1929: 791

Section 898.

• [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.

- Thai translation: P.86/176

《Genealogies》

1. Draft of 1919: Ob.839
2. Code of January 1925: 792
3. Code of January 1929: 792

Section 899.

• 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.

- Thai translation: P.86/176

《Genealogies》

1. Draft of 1919: Ob.840
2. Code of January 1925: 793
3. Code of January 1929: 793

Section 900.

• The holder of the warrant can may 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.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Thai translation: P.86/176

《Genealogies》

1. Draft of 1919: Ob.841
2. Code of January 1925: 794
3. Code of January 1929: 794

Section 901.

• As far as circumstances admit, the provisions of this Code concerning promissory notes apply to warrants and to warehouse receipts indorsed as warrants.

- Thai translation: P.86/177

《Genealogies》

1. Draft of 1919: Ob.842
2. Code of January 1925: 795
3. Code of January 1929: 795

Section 902.

• [I] If the document including the a warehouse receipt or a and the warrant, or one of them, has been lost or stolen, the holder on giving proper security can may require the warehouseman to deliver him a new receipt or warrant title.
• [II] In such case the warehouseman must enter the fact in the counterfoil.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/106

- Thai translation: P.86/177

《Genealogies》

1. Draft of 1919: Ob.843
2. Code of January 1925: 796
3. Code of January 1929: 796