FRAUDULENT TRANSFERS. TITLE IV.1 Of the Issuing of False Receipts and the Punishment of Fraudulent Transfers of Property by Warehousemen, Wharfingers and others. BECTION 1. Warehousemen and others not to issue receipts for goods, &c., unless such goods have been received. 2. Not to issue receipts upon goods as security for money loaned unless goods in their custody, or in store under control. 3. Not to issue duplicate receipts while former receipts uncancelled, without word “duplicate" being written across face. 4. Not to sell, &c., goods without written assent of person holding receipt. 5. No owner of vessel or other person to sign or give bill of lading of shipping of merchandise, unless same has been shipped. 6. Warehouse receipts given for goods stored, &c., transferable by indorsement, transferee deemed owner of goods for certain purposes; certain warehouse receipts exempt from provisions of this section. 7. Persons violating provisions of this act deemed guilty of fraud; penalty. 8. Fourth and sixth sections not to apply to property replevied. housemen, &c., may issuy receipts, &c. SECTION 1. No warehouseman, wharfinger. public or pri- When warevate inspector, or custodian of property, or other person, shall issue any receipt, acceptance of an order, or other voucher, for or upon any goods, wares, merchandise, provisions, grain, flour or other products or commodity, to any person or persons purporting to be the owner or owners thereof, or entitled or claiming to receive the same, unless such goods, wares, merchandise, provisions, grain, flour or other commodity shall have been actually received into the store or upon the premises of such warehouseman, wharfinger, inspector, custodian, or other person, and shall be in store or on the said premises as aforesaid, and under his control at the time of issuing such receipt, acceptance or voucher.2 receipt to be issu § 2. No warehouseman, wharfinger or other person shall No issue any receipt or other voucher upon any goods, wares, merchandise, grain, flour, or other produce or commodity, to any person or persons, as security for any money loaned, or 1 This title consists of ch. 336 of the Laws of 1852, entitled "An act to prevent the issue of false receipts, and to punish fraudulent transfers of property by warehousemen, wharfingers and others." 2 Laws 1858, ch. 326, § 1, as amended by Laws 1866, ch. 440. ed unless goods in possession. 1 Hun., 195; 3 N. Y. S. C. R. (T. & C.), 392. Duplicate receipts, &c. Shall not sell, &c. No master to sign or give of in certain other indebtedness, unless such goods, wares, merchandise, grain or other produce or commodity, shall be at the time of issuing such receipt in the custody of such warehouseman, wharfinger, or other person, and shall be in store, or upon the premises, and under his control at the time of issuing such receipt or other voucher, as aforesaid. § 3. No warehouseman, wharfinger, inspector, custodian, or other person, shall issue any second or duplicate receipt, acceptance or other voucher, for or upon any goods, wares, merchandise, provisions, grain, flour, or other produce or commodity, while any former receipt, acceptance or voucher, for or upon any such goods, wares, merchandise, provisions, flour, grain, or other produce or commodity, as aforesaid, or any part thereof, shall be outstanding and uncancelled, without writing in ink across the face of the same “duplicate.” 3 * § 4. No warehouseman, wharfinger, or other person, shall sell or incumber, ship, transfer, or in any manner remove, beyond his immediate control, any goods, wares, merchandise, grain, flour or other produce or commodity for which a receipt shall have been given by him as aforesaid, whether received for storing, shipping, grinding, manufacturing or other purposes, without the written assent of the person or persons holding such receipt. * § 5. No master, owner or agent of any vessel or boat of or any description, or officer or agent of any railroad company, lading or other person, shall sign or give any bill of lading, receipt cases. or other voucher or document, for any merchandise or property by which it shall appear that such merchandise or property has been shipped on board any vessel, boat, or railroad car, unless the same shall have been actually shipped and put on board, and shall be at the time actually on board or delivered to such vessel, boat or car, to be carried and conveyed as expressed in such bill of lading, receipt, or other voucher or document. Transferred 618. § 6. Warehouse receipts given for any goods, wares. merY.,chandise, grain, flour, produce cr other commodity, stored or deposited with any warehouseman, wharfinger, or other person, may be transferred by indorsement thereof; and any person to whom the same may be so transferred, shall be deemed and taken to be the owner of the goods, wares and merchandise therein specified, 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 cancellation of said original receipt, or the in 3 Laws 1858, ch. 326, § 3, as amended by Laws 1806, ch. 440. dorsement of such delivery thereon in case of partial delivery. All warehouse receipts, 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. All the sections of the act hereby amended, shall apply to and be applicable to bills of lading, and to all persons or corporations that shall or may issue bills of lading of any kind or description, the same as if the words "forwarder and bills of lading," were mentioned in each and every section of said act.' * § 7. Any warehouseman, wharfinger, inspector, custodian or other person who shall willfully violate any of the foregoing provisions of the said act, as hereby amended, shall be deemed guilty of a misdemeanor, and, upon indictment and conviction, shall be fined in any sum not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment; and all and every person or persons aggrieved by the violation of any of the provisions of said act, as hereinbefore mentioned, may have and maintain an action at law against the person or persons violating any of the provisions of said act as hereby amended, to recover all damages, immediate or consequential, which he or they may have sustained by reason of any such violation as aforesaid, before any court of competent jurisdiction, whether such person shall have been convicted as hereinbefore mentioned or not.2 Penalty. * § 8. So much of the preceding fourth and sixth sections as l'ourth and forbids the delivery of property except on surrender and cancellation of the original receipt, or the indorsement of such delivery thereon in case of partial delivery, shall not apply to property replevied or removed by operation of law. 1 Laws 1858, ch. 326, § 6, as amended by Laws 1859, ch. 353. 2 Id., § 7, as amended by Laws 1866, ch. 440. sixth sections, &c., not to apply to property plevied. re FROM REVISED STATUTES OF THE UNITED STATES. Rules for pre venting colliBions. SEC. 4233. The following rules for preventing collisions on the water, shall be followed in the navigation of ves 29 April, 1864, C. sels of the Navy and of the mercantile marine of the 69, v. 13, p. 58. United States: The Hyppo dame, 6 Wall. STEAM AND SAIL VESSELS. Rule one. Every steam-vessel which is under sail, and 216; The Carroll, not under steam, shall be considered a sail-vessel; and Fairbanks, 9 every steam-vessel which is under steam, whether under Wall., 420; 14 sail or not, shall be considered a steam-vessel. 8 Wall., 302; The Wall., 345; The Corsica, 9 Wall., 630; The Scotia, 14 Wall., 170; The Continental, 14 Wall., 345; The Chesapeake, 5 Blatch., 411; The Huntsville, 8 Blatch., 228. Ibid., art. 2. Ibid., art. 3, p. 59. LIGHTS. Rule two. The lights mentioned in the following rules, and no others, shall be carried in all weathers, between sunset and sunrise. Rule three. All ocean-going steamers, and steamers 28 l'eb. 1871, c. carrying sail, shall, when under way, carry 100, s. 47, v. 16, p. 454. (A) At the foremast head, a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. (B) On the starboard side, a green light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. (C) On the port side, a red light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, projecting at least three feet forward from the lights, so as to prevent them from being seen across the bow. Rule four. Steam-vessels, when towing other vessels, shall carry two bright white mast-head lights vertically, in addition to their side-lights, so as to distinguish them from other steam-vessels. Each of these mast-head lights shall be of the same character and construction as the mast-head lights prescribed by Rule three. 29 April, 1864, 0. 69, art. 4, v. 13, p. 59. Ibid. art. 3. 28 Feb., 1871, c. 100, 8. 47, v. 16, p. Rule five. All steam-vessels, other than ocean-going steamers and steamers carrying sail, shall, when under way, carry on the starboard and port sides lights of the 454. same character and construction and in the same position as are prescribed for side-lights by Rule three, except in the case provided in Rule six. Rule six. River steamers navigating waters flowing into the Gulf of Mexico, and their tributaries, shall carry the following lights, namely: One red light on the outboard side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe. Such lights shall show both forward and abeam on their respective sides. Ibid. Ibid., p. 454. Rule seven. All coasting steam-vessels, and steam-vessels other than ferry-boats and vessels otherwise express- tal, 14 Wall., 345. ly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those mentioned in Rule six, shall carry the red and green lights, |