Page:1864-65 Territory of Dakota Session Laws.pdf/195

Rh bill of lading, receipt or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the accused knew that such marks, labels or brands were untrue.

Sec. 686. Every person mentioned in sections 683 and 684, who issues any second or duplicate receipt or voucher, of a kind specified in these sections, at a time while any former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same ihe word “duplicate,” in a plain and legible manner, is punishable by imprisonment in the territorial prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

Sec. 687. Every person mentioned in sections 683 and 684, who sells, hypothecates or pledges any merchandise for which any bill of lading, receipt or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment in the territorial prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

Sec. 688. Every person, such as mentioned in section 684, who delivers to another any merchandise for which any bill of lading, receipt or voucher has been issued, unless such receipt or voucher bore upon its face the words "not negotiable, plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment in the territorial prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

Sec. 689. The last two sections do not apply where property is demanded by virtue of process of law.