Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1875-04-03

moved, transferred or shipped beyond
his control, anything hereinbefore
mentioned for which a receipt shall
have been given by him. without the
written consent of the person or per-
sons holding such receipt
SEC. 5. Be it further enacted, that
no master of any boat or agent of any
railroad, transfer or transportation
company or any other person shall give
any bill of lading or other voucher
for any cotton, tobacco, grain, or prop
erty of any kind, by which it shall APP
pear that such produce, merchandise
or property, has been shipped on
board of any boat, railroad or other
company, or vehicle of transportation,
unless the same she'll have been actu-
ally received in depot, or delivered to
such beat or other vehicle to be car
ried or transported as expressed in
said bill of lading or other voucher.
SEC. 6 Be it further enacted, that
the aforementioned receipts of any
warehouseman or other person or any
bill of lading given by any boat, rail-
road, transfer or transportation COM
pany may be transferred by endorse
ment thereon, and any person to whom
the same may be transferred, shall be
deemed and taken to be the owner of
the produce, merchandise or property
therein specified, so far as to give val
idity to any pledge, lien or transfer
made, or created by any such person
or persons; but no property shall be
delivered except on surrender and can
collation. Of the said original receipt,
bill Of lading or other voucher, or the
endorsement of such delivery thereon,
in ease of partial delivery, all such re-
ceipts or bills of ladingwhich shall have
the words n hliegotiable plainly writ
ten or printeI thereon, shall not be
subject to the provisions of this act
SEC. z. Be it further enacted, that
no warehouseman or other person shall
pledge, hypothecate, or negotiate any
loan upon any receipt for produce,
merchandise or other property to a
greater amount than he has actually
paid or advanced thereon.
SEC. 8. Be it further enacted, that
any warehouseman or other person
who shall violate any of the provisions
of this act shall be deemed guilty of
criminal offense, and upon indictment
and conviction thereof shall be fined
in any sum not exceeding five thous-
and dollars, or Imprisonment in the
penitentiary Of the State for not more
than five years, or both, and all or ev-
cry person or persons aggrleved by
the violation aforesaid shall have the
right to maintain an action at law
against the person or persons, corpora
ton or corporations, violating any of
the provisions of this act, to recover
damages which he or she may have
sustained by reason of such violation
as aforesaid before any court of COM
petent jurisdiction, whether such per-
son or persons aforesaid shall have
been convicted of fraud under this act
or not.
SEC. 9. Be it further enacted, that
all the provisions ofthis act shall apply
and be applicable to bills of lading
and to all persons or corporations that
agents or servants that may issue bills
of lading of any kind or description
the same as though the words For
warded and bills of lading" were men,
toned in - section of this act.
Sec. 10. Be it further enacted, that
all receipts, bills of lading or other
vouchers, issued by any warehouseman.
forwarder or other person, boat. rail-
road, or other transfer company, as by
this act provided, shall be negotiable
by endorsement thereon, in blank or
special endorsement, in the same man
ner and to the same extent that bills
of exchange or promisory notes are.
SEC. IL. Be it further enacted. that
no printed or written condition or
clause, which may in any way limit the
liability imposed by this act, shall be
of any effect whatever.
SEC. II. Be it further enacted, that
whosoever shall buy any cotton, to-
bacco, or other produce, merchandise
or property for cash or shall procure
an advance upon such property, and
shall sell. hypothecate, or pledge the
same to another, and use the proceeds
thereof for any other purpose than the
payment of the seller, vendor, or party
advancing thereon, or shall ship, con-
vey, or otherwise make away with or
shall deliver to another any such cot
ton. tobacco, or other produce or mer-
chandise, without payment to said sell
Ter, vendor or party having advanced
thereon, shall be guilty of felony,
and upon conviction thereof shall be
punished by fine in any sum not over
FIVE thousand dollars or Imprisonment
in the State prison for not exceeding
five years, or by both fine and impris-
Onment.
SEC. Is. Be it further enacted, that
if any merchant, broker or warehouse
man undertaking to execute orders for
the purchase Of produce or merchan-
disc shall, with the intent to cheat and
defraud, draw bill of exchange upon
his principal or his agent for greater
sum than the reasonable cost or value
of such produce or merchandise, with
reasonable charges thereon, he shall
be liable to all the penalties contained
in the eighth section OF this act. The
public welfare requiring it, this
act shall take effect from and after its
passage.
Passed March %, 1879.