ART. 35. ] BILLS OF LADING AND STORAGE RECEIPTS.

299

deposit, whereby the custody or possession of such goods, chattels,
or commodities shall be acknowledged or certified by any warehouse-
man, wharfinger, or other person or corporation within this State,
and which acceptance or voucher shall not on its face provide or
stipulate in terms that it shall not be negotiable, shall be held and
taken when issued to be a negotiable receipt and instrument to all
intents and effects within the meaning and operation of this article.

declared negoti-
able, unless the
contrary be ex-
pressly provided
on the lace
thereof.

15. Any instrument declared negotiable by this article shall be
held and taken to have been issued within the meaning of this article
when it shall have been signed and shall have been delivered out of
the custody of the person or corporation to be charged or bound by
the same, or of his or its agent or officer aforesaid.

Id s 4
Meaning of the
term issued

16. No person or corporation, or agent or officer of any person
or corporation in this State, shall issue any bill of lading, receipt,
acknowledgment, or voucher whatsoever, for goods, chattels, or
commodities of any kind, to be transported on land or water, or on
both, or any receipt, acceptance 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 the 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 abso-
lute 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 whatso-
ever of any person or corporation, wilfully violating the provisions
or any provisions of this section, shall be guilty of a misdemeanor,
and on conviction thereof shall be subject to a fine of not less than

Id s B
Issuing bill of
lading, receipt,
etc, forbidden
in certain cases.

one thousand nor more than five thousand dollars, in the discretion
of the court.

Penalty.

17. No warehouseman or corporation or person whatsoever hav-
ing issued or caused to be issued or having outstanding, and issued
by any agent or officer of such person or corporation as aforesaid,
any receipt, acceptance of order, or other voucher for goods, chat-
tels, or commodities as on deposit, or storage with, or in the custody,
or on the premises, or under the control of such person or corpora-
tion, shall issue any other receipt, acceptance of order, or other
voucher whatsoever for the same, or any part thereof, until the said
first issued instrument shall have been returned and cancelled or
destroyed, and no person or corporation whatsoever having issued
or having outstanding as aforesaid, any such receipt, acceptance of
order, or other voucher aforesaid, and no agent or officer of any
such person or corporation shall part with, deliver, or remove, or

Id s 6
Second receipt,
voucher, etc,
not to be issued
till first is can-
celled

permit to be delivered or removed, the goods, chattels, or commodi-
ties in such instrument named or described, or any part thereof,
except only to or by the holder of said instrument, or upon his
order, and upon the presentation of said instrument with his in-
dorsement in every case, or without cancelling or destroying said

Goods to be de-
livered only on
certain condi-
tions.