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CRIMES AND PUNISHMENTS. 1019
ment or voucher whatsoever, for goods, chattels or commodities of any
kind, to be transported on land or water, or on both, or any receipt, accep-
tance of an order or other voucher for goods, chattels or commodities, as
on storage or deposit in this State, until and unless the whole of said
goods, chattels and. commodities shall have been actually received to be
transported by such person or corporation in the one case, or shall be
actually in the possession or custody or upon the premises, or under the
absolute and exclusive control of such person or corporation, in the other
case, at the time when such instrument shall be issued; and any principal
person or corporation, or any agent or officer whatsoever, of any person or
corporation wilfully violating the provisions or any provision of this sec-
tion shall be guilty of a misdemeanor, and on conviction thereof shall be
subject to a fine of not less than one thousand nor more than five thousand
dollars, in the discretion of the court.
A receipt issued by a firm engaged in business of canning vegetables, for goods of
their own canning and which were to remain in their possession subject to order
of holder, same not purporting to be a warehouse receipt and indictment not
charging that the parties issuing it were warehousemen, is not a warehouse or storage
receipt within meaning of act, 1876, ch. 262. State v. Bryant, 63 Md. 67 (cf. dis-
senting opinion).
As to "Bills of Lading," see art. 14.
As to fraudulent conveyances, see art. 39B.
Fraud—Breach of Trust, Bills of Lading, Elevator or
Warehouse Receipts.
An. Code, sec. 132, 1904, sec. 119. 1890, ch. 399, sec. 87A.
153. If any person or persons shall on his or their own behalf, or shall
for or on behalf of any other person or persons, or shall for or on behalf
of any firm, copartnership or corporation, receive, accept or take in trust
from any person, persons, firm, copartnership or corporation any ware-
house receipt or elevator receipt, or bill of lading or any document giving
or purporting to give title to or the right to possession of any goods,
wares, merchandise or other personal property of any kind, under or
subject to any written contract or agreement expressing the terms and
condition of such trust; and if such person or persons so receiving any
warehouse receipt or elevator receipt, bill of lading or any document giving
or purporting to give title to or the right to possession of any goods, wares
or merchandise or other personal property of any kind shall, in violation
of good faith, fail, neglect or refuse to perform or fulfill the terms and
conditions of such trust as expressed in such written contract or agree-
ment, then and in every such case such person or persons so failing, neg-
lecting or refusing to perform or fulfill the terms and conditions of such
trust shall, on being convicted thereof, be imprisoned in the penitentiary
for a term not more than ten years nor less than one year, or be fined not
more than five thousand dollars nor less than five hundred dollars, or both,
in the discretion of the court.
See sec. 236.
As to "Warehouse Receipts," see art. 14A.
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