New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-19
mo. 100.

Secretary of State

To prevent the Issue of False Receipts or
Bills of Lading and to punish fraudulent
Transfer of Property by Cotton Presses,
Wharfngers and others.
SECTION l. Be it enacted by the Senate and
House of Representatives of the State of
Louisiana in General Assembly convened,
That no cotton press wharfinger, or other
person shall issue any receipt or other YOU
cher for any goods, wares, merchandise,
grain, flour, or other produce or commodity
to any person or persons purportlng to be
the holder, owner or owners thereof, unless
such goods, wares, merchandise, grain or
other produce or commodity shall have been
actually received into store or upon the
premises ofsuch cotton press, wharfnger or
other person, and shall be in the store or on
the premises aforesaid, or under his control
at the time of issuing such receipt.
Sec. 2. Be 1t further enacted, ETC., That
no cotton press, whar6nger or other person
shall issue any receipt or other voucher
upon any goods, wares, merchandise, grain,
flour or other produce or commodity to any
person or persons for money loaned or other
Indebtedness, unless such goods, wares,
merchandise, grain, -four or other produce
or commodity shall be at the time of issuing
such receipt in the custody of such cotton
press whartnger or other person and shall
be in store, or upon the premises and under
his control at the time of issuing such re-
ceipt or other voucher as aforesaid.
SEC. 3. Be it further enacted, etc., That no
cotton press, whartinger, or other person,
shall issue any second or duplicate receipt
for any goods, wares, merchandise, grain,
flour, or other produce or commodity, while
any former receipt for any such goods,
wares, merchandise, grain, flour, or other
produce or commodity as aforesaid, or any
part thereof, shall be outstanding and un-
cancelled without writing across the face Of
the same, "Duplicate.n
SEC. a. Be it further enacted, ETC., That
no cotton press, Wharfnger or other person
shall sell or incumber, ship, transfer or in
any manner remove or permit to be shipped,
transferred or removed beyond his control
any goods, wares, merchandise, grain, -four,
or other produce or commodity, for which
receipt shall have been given by him as
aforesaid, whether received for storing,
shipping, grinding, manufacturing or other
purpose, without the written assent of the
person or persons holding such receipt.
SEC. 5. Be it further enacted, etc, That
no master owner or agent of any boat or
vessel of any description, forwarder, or
officer or agent of any railroad, transfer or
transportation company, or other person
shall sign or give any bill of lading, receipt
or other voucher or document for any mer-
chandise or property by which it shall ap-
pear that such merchandise or property has
been shipped on board of any boat, vessel,
IdlIOuu NdT OLUtI NeulClt, Unless llG
same shall have been actually shipped and
put on board and shall be at the time &C.
tually on board, or delivered to such boat,
vessel car. or other vehicle, 10 be carried
or conveyei as expressed in said bill of la
ding, receipt or other voucheror document.
SEC 6. Be it further enacted, etc, That
cotton press receipts given for any goods,
wares, merchandise, grain, -four or other
produce or commodity stored or deposited
with HOffnn NuhurfinUnF Or other
person, or any bill of lading given by any
forwarder, boat, vessel, railroad, trausporta-
ton or transfer company may be transferred
by Endorsement therein, and any person to
whom the same may be transferred shall be
deemed and taken to be the owner of the
goods, wares, merchandise, grain, flour or
other produce or commodity therein speci-
fed, SO far as to give validity to any pledge,
lien or transfer made or created by such
person or persons, but no property shall be
delivered except on surrender and cancella.
tion of said original receipt or bill of lading
of the Endorsement of such delivery thereon,
in case of partl.. delivery all cotton press
receipts or bill Of fading, however, which
shall have the words not negotiable
plainly written or stamped on The face
thereof, shall be exempt from the provisions
of this section.
SEC. 7. Be it further enacted, etc.. That
any cotton press, wharfinger, forWarder or
other person who shall violate any of the
provisions of this act shall be deemed guilty
OF a criminal offense, and upon indictment
and conviction. shall be fined in any
sum not exceeding five thousand dol
bars, or IMPRISONED in the Peniten-
tiary of this State not exceeding five
years, or both. And all and every
person or persons aggrieved by the viola
ton of any of the provisions of this act may
have and maintain an action at law against
the person or persons, corporation or corpo-
violating any of the provisions of
this act to recover all damages, immediate
or consequential, which he or they may
have sustained by reason of any such viola
ton as aforesaid, before any court of COM
petent jurisdiction, whether such person or
persons shall have been convicted of fraud
as aforesaid under this act or NOT.
SIC. g. Be 1t further enacted, etc., That
all the provisions Of this act shall apply and
be applicable to bills of lading aud to all
persons or corporations, their agents or
servants that shall or may issue bills Of lad.
ing of any kind or description the same as
IL the words forwarded and bills of lading"
were mentioned IN every section of this act.
seq. 9. Be it further enacted, etc., That
all receipts, bills of lsding, vouchers or
other documents issued by any cotton press,
forwarder or OF her person, boat,
vessel, railroad, transportation or transfer
company, as by this act provided, shall be
by Endorsement in blank or by
special Endorsement, in the same manner
and to the same extent az bills Of exchange
aud prOmissery notes NOW are.
SEC, 10. Be il further epacted, ETC., That
no printed or written conditions or clauses
ID or attached fta agis cotton press
receipt on or bin II ladiiig, which In any way
limits the liability imposed by this act shall
have any effect on force whatsoever asl
SEC III Be It further enacted etc., That
30 much 81 the preceding sections Of this act
as fnrbide the delivery OF property exception
surrender and cancellation Of the original
receipt or bill Of lading or the endorsement
Of such delivery thereon In case of partial
shall not apply to property, re-
plevied or removed BY operation Of law.
8 SEC H. Be 1t further enacted, etc., That
II any commission merchant, agent or other
person. storing or shippingany9 oods, WARES.
grain, Hour OF other produce !
or commodity in his own name, being In the !
possession thereof for or on account of an
other party, and negotiating. pledging or |
hypothecstng the cotton press receipt or /