Page:United States Statutes at Large Volume 47 Part 1.djvu/1263

 12d CONG RESS. SESS. II. CH. 128 . FEB RUARY 27, 1933 . 1239 an unpaid seller unless the receipt is first surrendered for cancellation . SEC. 775. ISSU E OF RECEI PT FOR GOODS NOT RECEIVED. -A warehouse- Is‡ne of rece ipt for man, or any offi cer, agent , or serva nt of a wa rehou seman , who issu es gO„as not receicea. or aids in issuing a receipt knowing that the goods for which such recei pt is issu ed ha ve not bee n act ually rece ived by su ch wa rehou se- man, or are not under his actua l con trol at the tim e of issui ng su ch receipt, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment in ja il not exceeding Penaltiess one year, or by a fin e not exceeding $1,000, or by both. SEC. 776. Issux OF RECEIPT CONTAINING FALSE STATEMENT .-A ware- Iscne of receipt con • taming false statement. houseman, or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and up on conviction shall be punished for e ach offense by imprisonment in jail not exceeding one year, or by a fine not exceed- ing $1 ,0 00, or by both. SEC. 777 . ISSUE OF DIIFLICATE RECEIPTS NOT SO MARKED .-A ware- Duplicate receipts. houseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods kno wi ng th at ,a former ne got ia ble receipt for the sam e goo ds or any pa rt of th em is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except in the case of a lost or d estro yed r eceip t aft er pr oceed ings as pr o- ntc,-p. 1233. vided for in section 741, shall be guilty of a crime, and upon convic- ti on shall be punished for ea ch offense by imprisonment in jail not exceeding one year, or by .a fine not exceeding $1,000, or by both. SEC. 778 . IssuE FOR WAREH OUSEM AN'S GOO DS OF RECEIPTS WHIC5I DO. 1V henwarehonseman has a title therein. NOT ST ATE T HAT FACT .-Where there are deposited with or held by a war ehous emang oods of wh ich he is owner , eit her s olely or joint ly or in common with others, such warehouseman, or any of h is of ficers, agents, or servants who, knowing this ownership, issues or aids in iss ui ng a neg ot iab le re ce ipt for su ch go ads which doe s not state such ownership, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment in jail not exceeding one year, or by a fine not exceeding $1,000, or by both. SEC. 779. DELIVERY OF GOODS WI THO UT OBTAINING NEGOTIABLE De liaere witbon tob • ti pt. negotia a re- RECEIPT. -A warehouseman, or any officer, agent, or servant of a ceipt warehouseman who delivers go ods out of the pos se ssi on of such warehouseman, knowing that a negotiable receipt the negotiation of which woul d tra nsfer the right to the po ssess ion of suc h goo ds is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in Ante, pp. u n, ins. the cases provided for in sections 741 and 762, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment in j ail not exceeding one year, or by a fi ne not exceeding $1,000, or by both. SEC. 780. NEGOTIATION OF RECEIPT FOR MORTGAGED G00DS .-Any per - ce `gof(arfionmo of re son who deposits goods to which he has not title, or upon which g~as. the re is a li en or mortgage ; and who tak es for suc h goo ds a ne go- tia ble receipt which he afterwards negotiates for value wi th intent to dec eive and w ithou t dis closi ng his wan t of title or the ex isten ce of the lien or m ortga ge, s hall be gu ilty o a c rime, and upon convi c- tio n shall be punished for e ach offense by imprisonment in ja il not exceeding one year, or by a fine not exceeding $1,000, or by both . SEC . l8l . W' 1IEN RULES OF COMMON LAW STILL API 'LICARLE .- I n al ly applicable. Rile of GLW Voiaa case not provided for in this subchapter, the rules of law and equity, including the luw merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, Inisi p.