Page:United States Statutes at Large Volume 36 Part 1.djvu/334

 310 SIXTY-FIRST CONGRESS. Sess. II. Ch. 167. 1910. . in the case of a lost or destro ed receipt after proceedings as proyided for in section fourteen, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding Eve years or by a fine not exceeding five thousand dollars, or by both. m§¤°*¤u¤,n.{‘{,{,°f,',°{; Sec. 53. Issum ron wxnmnousniuiws ooons 0F·RECEI?TS wmcn cept.; not stating po Nor surn mar rAo·r.—Where there are deposited with or_held um °`°°' by a warehouseman goods of which he is owner, e1ther solely_or jointly or in common with others, suclrwarehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction shall be · pnmished for each 0 ense by imprisonment not exceeding. one year, or by a iine not exceeding one thousand dollars, or by bot. mbdfggjyiugggfg Sec. 54. Dnnrvmzr or- eoons wrmotrr osmmrne Nneormnw mania Mapu BECEI1’1‘S.—A; warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods IS outstanding and uncanceled, without obtaining the upossession of such receipt at or before the time of such delivery, sha, except in the cases provided for in sections fourteen and thirty-six, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceedin one year, or by a fine not exceeding one thousand dollars, or by botg. f°Negotim¤s receipt SEO. 55. NEGOTIATXON OF RECEIPT FOR MOBTGAGED " ”’°"°°°d person who deposits goods to which he has not title, or upon whic there is a lien or mortgage, and who takes for·such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or morétgage shall be Hguilty of a crime, and upon conviction shall be pimish for each o ense by imprisonment not exceeding one. year, or by a Hue not exceeding one thousand dollars, or by both. Paar V. Interpretation. INTERPRETATION. m;m>§`$•lE_§{;*&°‘°°¤· Sec. 56. WHEN ·R`ULES QF COMMON LAW STILL APP`LICABLE.——ID any case not provided for in this Act, the rules of law and equity, including the aw merchant, and in particular the rules relating to the law of (principal and agent and to the effect of fraud, misrepresentation, uress, or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. vnmwmnyonnm- Sec. 57. INTERPRETATION snam. orvn rzrrrzcr T0 Pmzrosn or ""°“‘°“’“‘ . r:1~:rronMrrY.—This Act shall be so interpreted and construed as to ‘ effectuate its general purpose to make uniform the law of those States which enact it. ¤¤¤¤i¤¤¤¤~ Sec. 58. Drzrixrrioivs.-—First. In this Act, unless the context or subject—matter otherwise requires—— "A¢¤<>¤·" "Action” includes counterclaim, set-off, and suit in equity. " ¤¤*i~’€*¥·" t ‘ ‘ Deglvery " means voluntary transfer of possession from one person o ano er. "Fvvsible  "Fungible goods " means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit. "G<><>¤S·" "Goods" means chattels or merchandise in storage,orwhich has been or is about to be stored. ‘·H¤¤<1¤r-" "Holder’j of a receipt means a person who has both actual possession of such receipt and a right of property therein. "°"*°'·`: "Order" means an order by indorsement on the receipt. "°“’“*”·' "Owner" does not include mortgagee or pledgee.