Page:1862 Territory of Dakota Session Laws.pdf/241

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224
CRIMINAL PROCEDURE.
[CHAP. IX.

ACT TO PREVENT FRAUD IN WAREHOUSEMEN AND OTHERS.

Of issuing of receipt or voucher not in store.Sect. 241. That no warehouseman, wharfinger, or other person, shall issue any receipt or other voucher for any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons, purporting to be the owner or owners thereof, unless such goods, wares, merchandise, or other produce or commodity, shall have been bona fide received into store by such warehouseman or wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt.

Same.Sect. 242. That no warehouseman, wharfinger, or other person shall issue any receipt or other voucher, upon any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons, as security for any money loaned or other indebtedness, unless such goods, wares, merchandise, grain, or other produce or commodity shall be, at the time of issuing such receipt, the property of such warehouseman or wharfinger, or other person, and shall be in store and under his control, at the time of issuing such receipt or other voucher as aforesaid.

No second receipt to be issued until first is cancelled.Sect. 243. That no warehouseman, wharfinger, or other person, shall issue any second receipt for any goods, wares, merchandise, grain, or other produce or commodity, while any former receipt for any such goods or chattels as aforesaid, or any part thereof, shall be outstanding and uncancelled.

Goods receipted for not to be delivered without assent of holder of receipt.Sect. 244. That no warehouseman, wharfinger, or other person, shall sell or encumber, ship, transfer, or in any manner remove beyond his immediate control, any goods, wares, merchandise, grain, or other produce or commodity, for which a receipt shall have been given, as aforesaid, without the written assent of the person or persons holding such receipt.

Warehouseman, &c., violating these provisions, deemed a cheat. Penalty.Sect. 245. Any warehouseman, wharfinger, or other person, who shall violate any of the foregoing provisions of this act, shall be deemed a cheat and subject to indictment, and, upon conviction, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary of this territory not exceeding five years; and all and every person, aggrieved by the violation of any of the provisions of this act, may have and maintain a civil action against the person or