ART. 14A] ALTERATIONS——LOST RECEIPT. 321

1910, ch. 40<i, sec. 12 (p. 49).

12. Except as provided in section 36, where a warehouseman deliv-
ers part of the goods for which he had issued a negotiable receipt and
fails either to take up and cancel such receipt, or to place plainly upon
it a statement of what goods or packages have been delivered, he shall be
liable to any one who purchases for value in good faith such receipt,
for failure to deliver all the goods specified in the receipt, whether
such purchaser acquired title to the receipt before or after the delivery
of any portion of the goods by the warehouseman.

1910, ch. 406, sec. 13 (p. 49).

13. The alteration of a receipt shall not excuse the warehouseman
who issued it from any liability if such alteration was

(a) Immaterial,

(b) Authorized, or

(c) Made without fraudulent intent.

If the alteration was authorized, the warehouseman shall be liable
according to the terms of the receipt as altered. If the alteration was
unauthorized, but made without fraudulent intent, the warehouseman
shall be liable according to the terms of the receipt, as they were before
alteration.

Material and fraudulent alteration of a receipt shall not excuse the
warehouseman who issued it from liability to deliver, according to the
terms of the receipt as originally issued, the goods for which it was
issued, but shall excuse him from any other liability to the person who
made the alteration, and to any person who took with notice of the
alteration. Any purchaser of the receipt for value without notice of the
alteration shall acquire the same rights against the warehouseman which
such purchaser would have acquired if the receipt had not been altered
at the time of the purchase.

1910. ch. 406, sec. 14 (p. 49).

14. Where a negotiable receipt has been lost or destroyed, a court of
competent jurisdiction may order the delivery of the goods upon satis-
factory proof of such loss or destruction, and upon the giving of a bond
with sufficient sureties, to be approved by the court, to protect the ware-
houseman from any liability or expense which he or any person injured
by such delivery may incur by reason of the original receipt remaining
outstanding. The court may also, in its discretion, order the payment
of the warehouseman's reasonable costs and counsel fees.

The delivery of the goods under an order of the court, as provided in
this section, shall not relieve the warehouseman from liabiltiy to a per-
son to whom the negotiable receipt has been or shall be negotiated for
value without notice of the proceedings or of the delivery of the goods.
See art. 13. sec. 11.

1910. ch. 406. sec. 15 (p. 50).

15. A receipt upon the face of which the word "duplicate" is plainly
placed is a representation and warranty by the warehouseman that such
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