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Issuing for warehouseman's goods re

that fact.

in the case of a lost or destroyed receipt after proceedings as provided for in section fourteen, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years or by a fine not exceeding five thousand dollars, or by both.

Sec. 53. ISSUE FOR WAREHOUSEMAN'S GOODS OF RECEIPTS WHICH ceipts not stating DO NOT STATE THAT FACT.-Where there are deposited with or held

by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year,

or by a fine not exceeding one thousand dollars, or by both. Delivering goods Sec. 54. DELIVERY OF GOODS WITHOUT OBTAINING NEGOTIABLE without obtaining negotiable receipts. RECEIPTS.-A warehouseman, or any officer, agent, or servant of a

warehouseman who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections fourteen and thirty-six, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one

thousand dollars, or by both. Negotiating receipt Sec. 55. NEGOTIATION OF RECEIPT FOR MORTGAGED GOODS.—Any for mortgaged goods.

person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

PART V.

Interpretation.

INTERPRETATION.

Definitions.

Application of com SEC. 56. WHEN RULES OF COMMON LAW STILL APPLICABLE.—In mon-law rules.

any case not provided for in this Act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress, or coercion, mistake, bankruptcy, or other invali

dating cause, shall govern. I'niformity of inter Sec. 57. INTERPRETATION SHALL GIVE EFFECT TO PURPOSE OF pretation.

UNIFORMITY.—This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.

Sec. 58. DEFINITIONS.—First. In this Act, unless the context or

subject matter otherwise requires· Action."

"Action” includes counterclaim, set-off, and suit in equity. * Delivery." “Delivery” means voluntary transfer of possession from one person

to another. * Fungible goods," "Fungible goods” means goods of which any unit is, from its

nature or by mercantile custom, treated as the equivalent of any other unit.

Goods” means chattels or merchandise in storage, or which has been or is about to be stored.

“Holder" of a receipt means a person who has both actual possession of such receipt and a right of property therein.

“Order” means an order by indorsement on the receipt.
"Owner" does not include mortgagee or pledgee.

Goods."

66

Holder."

* Order." "Owner."

"Person."

"Value."

“Warehouseman."

"Person" includes a corporation or partnership or two or more persons having a joint or common interest. To purchase” includes to take as mortgagee or as pledgee.

"To purchase." “Purchaser” includes mortgagee and pledgee.

"Purchaser." “Receipt" means a warehouse receipt.

"Receipt." "Value" is any consideration sufficient to support a simple contract. An antecedent or preexisting obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor.

“Warehouseman” means a person lawfully engaged in the business of storing goods for profit.

Second. A thing is done in good faith” within the meaning of "In good faith.” this Act when it is in fact done honestly, whether it be done negligently or not. SEC. 59. ACT DOES NOT APPLY TO EXISTING RECEIPTS.—The pro

Prior receipts not visions of this Act do not apply to receipts made and delivered prior to the taking effect of this Act.

Sec. 60. INCONSISTENT LEGISLATION REPEALED.—All Acts parts of Acts inconsistent with this Act are hereby repealed.

SEC. 61. TIME WHEN THE ACT TAKES EFFECT. — This Act shall take effect on the

day of

nineteen hundred and SEC. 62. NAME OF Act. This Act may be cited as the Warehouse Receipts Act.

Approved, April 15, 1910.

affected.

or Inconsistent laws

repealed.

Effect.

Memorial

monu

CHAP. 168.–An Act For the erection of a memorial monument at Fort Recovery, April 15, 1910. Ohio.

(H. R. 2265.)

(Public, No. 138.] Be it enacted by the Senate und House of Representatives of the United States of America in Congress assembled, That the Secretary of War Fort Recovery, be, and he is hereby, authorized and directed to erect a suitable me- Ohio, morial monument on the grounds at Fort Recovery, Ohio, where lie ment to officers and buried the remains of General Richard Butler; Colonel Oldham; dians in 1791 and 1794 Majors Ferguson, Hart, and Clark; Captains Bradford, Phelon, Kirkwood, Price, Van Swearingen, Tipton, Purdy, Smith, Piatt, Gaither, Crebbs, and Newman; Lieutenants Spear, Warren, Boyd, McMath, Burgess, Kelso, Read, Little, Hopper, and Likens; Ensigns Cobb, Balch, Chase, Turner, Wilson, Brooks, Beatty, and Purdy; Quartermasters Reynolds and Ward; Adjutants Anderson and Doc. Grasson; twentythree other officers; and six hundred and thirty American soldiers who, while under the command of General Saint Clair, were slaughtered by the Indians of the Northwest Territory, at the battle of Fort Recovery, Ohio, on the morning of November fourth, seventeen hundred and ninety-one. And also where lie buried the remains of Major McMahon, Captain Hartshorn, Lieutenant Craig, nineteen other commissioned and noncommissioned officers, and one hundred and twenty soldiers who, while under the command of Major McMahon, gallantly defended Fort Recovery against the attacks of two thousand Indians and British soldiers on the thirtieth of June and the first of July, seventeen hundred and ninety-four.

SEC. 2. That for the above purpose the expenditure of the sum of Appropriation. twenty-five thousand dollars, or so much of said sum as may be necessary, be hereby authorized. This sum shall be expended by direction of the Secretary of War, or such officer as he may designate: Provided,

Expenditure. That the money hereby authorized shall be drawn from time to time only as may be required during the progress of the work and under the requisition of the Secretary of War: And provided further, That Condition. no part of said amount shall be expended until such time as the Secre

247689-61-2-PT 1-10

Proi'i808.

tary of War is satisfied that a responsible legal association is created and pledged to care for and maintain whatever memorial monument is erected and a suitable site is provided on which it can be locatad.

Approved, April 15, 1910.

April 19, 1910.

(H. R. 20579.) [Public, No. 139.]

Permanent

estab

Provisos.

history.

Rank, pay, etc.

Retirement.

Cadets.

CHAP. 174.-An Act Making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Militari Academy States of America in Congress assembled, That the following sums be, appropriations.

and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred

and eleven. lishment.

PERMANENT ESTABLISHMENT. Professors, etc.

For pay of eight professors, thirty thousand five hundred dollars: Appointment of pro

Provided, That the head of the department of English and history fessor of English and shall hereafter have the same status as the professors at the head of

the other departments of instruction at the Military Academy, and the kamena.1309, p. President of the United States is hereby authorized, by and with the

consent of the Senate, to appoint a civilian in the department of
English and history, United States Military Academy, a professor at
the Military Academy, with the rank, pay, allowances, title, and status
of the other professors: Provided further, That the provisions of law
relating to retirement for disability in line of duty shall not apply in
the case of this professor until after he shall have served fifteen years
at the Military Academy:

For pay of one chaplain, two thousand four hundred dollars;
For

pay of the master of the sword, two thousand four hundred dollars;

For pay of cadets, two hundred and seventy thousand dollars;

For extra pay of officers of the army on detached service at the Military Academy:

For pay of one Superintendent of the United States Military Academy (colonel), in addition to pay as major, one thousand dollars;

For pay of one professor of ordnance and science of gunnery (lieutenant-colonel), in addition to pay as major, five hundred

dollars; Senior medical offi.

Hereafter any officer detailed from the Medical Corps of the army cer to be professor of military hygiene. as senior medical officer of the post at the Military Academy, whose

rank shall not be below that of lieutenant-colonel, shall be the professor of military hygiene.

For pay of one instructor of practical military engineering (major), in addition to pay as captain, six hundred dollars;

For pay of eight assistant professors (captains), in addition to pay as first lieutenants, three thousand two hundred dollars;

For pay of two batallion commanders (majors), in addition to pay as captains, one thousand two hundred dollars;

For pay of four senior assistant instructors of artillery and infantry tactics, ordnance and gunnery, and practical military engineering (captains), in addition to pay as first lieutenants, one thousand six hundred dollars;

For pay of seven instructors of cavalry, artillery, and infantry tactics" (captains), in addition to pay as second lieutenants, four thousand nine hundred dollars;

For pay of one adjutant, who shall not be above the rank of captain, six hundred dollars;

Extra pay for officers.

termaster.

Proviso.
Restriction.

Enlisted men.

Field musicians.

For pay of one quartermaster and commissary of cadets and treasurer, in addition to pay as captain, six hundred dollars;

For pay of one line officer, on duty in quartermaster's department at academy, in addition to pay as first lieutenant, four hundred dollars:

For pay of one associate professor of mathematics (major), in addition to pay as captain, six hundred dollars;

For pay of one associate professor of modern languages (major), in addition to pay as captain, six hundred dollars;

For pay of one constructing quartermaster, in addition to his regu Constructing quar. lar pay, one thousand dollars: Provided, That this increased salary shall only apply during the time this office is held by the present incumbent;

For additional pay of professors and officers (and officers on Longevity. increased rank) for length of service, twelve thousand dollars;

For pay of the Military Academy band, field musicians, general army service, cavalry and artillery detachment, and enlisted men on detached service, and extra pay for enlisted men on special duty:

For pay of military band: One band sergeant and assistant leader, Military band. nine hundred dollars;

Twelve enlisted musicians, at forty-five dollars per month, six thousand four hundred and eighty dollars;

Twelve enlisted musicians, at thirty-six dollars per month, five thousand one hundred and eighty-four dollars;

Sixteen enlisted musicians, at thirty dollars per month, five thousand seven hundred and sixty dollars;

Additional pay for length of service, five thousand six hundred dollars;

For pay of field musicians: One sergeant, six hundred dollars;
One corporal, two hundred and fifty-two dollars;

Twenty-two privates, at one hundred and eighty dollars each,
three thousand nine hundred and sixty dollars;
Additional pay for length of service, one thousand dollars;

General army sery. For pay of general army service: One first sergeant, five hundred and forty dollars;

Eight sergeants, two thousand eight hundred and eighty dollars;
Nine corporals, two thousand two hundred and sixty-eight dollars;
Two cooks, seven hundred and twenty dollars;

One hundred and eighty privates, thirty-two thousand four hundred dollars;

Additional pay for length of service, seventeen thousand five hundred and twenty-eight dollars;

Extra pay of the enlisted men of the army service detachment, Extra pay, Quarter. Quartermaster's Department, on extra duty at West Point, twentyfour thousand dollars; For pay of cavalry detachment: One first sergeant, five hundred

Cavalry detach. and forty dollars;

One stable sergeant, three hundred and sixty dollars;
Five sergeants, one thousand eight hundred dollars;
Two cooks, seven hundred and twenty dollars;
Eight corporals, two thousand and sixteen dollars;
Two trumpeters, three hundred and sixty dollars;
Two farriers and blacksmiths, five hundred and four dollars;
One saddler, two hundred and fifty-two dollars;
One wagoner, two hundred and fifty-two dollars;

Seventy-seven privates (cavalry), thirteen thousand eight hundred and sixty dollars;

Additional pay for length of service, six thousand five hundred and sixty-four dollars;

ice.

master's Department,

ment.

Artillery detachment.

!

Reenlistment bonus.

Travel, etc., on discharge.

Extra pay, enlisted men.

For pay of artillery detachment: One first sergeant, five hundred and forty dollars;

One quartermaster-sergeant, three hundred and sixty dollars;
One stable sergeant, three hundred and sixty dollars;
One chief mechanic, two hundred and eighty-eight dollars;
Six sergeants, two thousand one hundred and sixty dollars;
Three cooks, one thousand and eighty dollars;
Twelve corporals, three thousand and twenty-four dollars;
Four mechanics, one thousand and eight dollars;
Two trumpeters, three hundred and sixty dollars;

One hundred and two privates, eighteen thousand three hundred and sixty dollars;

One electrician sergeant, five hundred and forty dollars;
One master gunner, four hundred and eighty dollars;

For additional pay for first and second class gunners, one thousand six hundred and eighty dollars;

Additional pay for length of service, two thousand three hundred dollars;

Bonus to enlisted men reenlisting within three months from date of discharge, three thousand and seventy-five dollars;

Travel allowances to enlisted men on discharge, two thousand five hundred and seventy dollars;

Clothing not drawn due enlisted men on discharge, fifteen thousand and thirty-five dollars;

Interest on deposits due enlisted men, one thousand five hundred and ninety-five dollars;

For extra pay of two enlisted men employed as clerks in the office of the adjutant, United States Military Academy, at fifty cents each per day, three hundred and sixty-five dollars;

For extra pay of two enlisted men employed as clerks in the office of the commandant of cadets, at fifty cents each per day, three hundred and sixty-five dollars;

For extra pay of four enlisted men employed as printers, at headquarters United States Military Academy, at fifty cents each per day, six hundred and twenty-six dollars;

For extra pay of one enlisted man employed as watchman, at thirty-five cents per day, one hundred and ninety-one dollars and sixty-three cents;

For extra pay of one enlisted man employed as trumpeter at the cadet barracks, at thirty-five cents per day, one hundred and fiftynine dollars and sixty-nine cents;

For extra pay of one enlisted man employed in the philosophical department observatory as a mechanic, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

For extra pay of one enlisted man employed in the philosophical department in care of apparatus, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

For extra pay of two enlisted men employed in the chemical department, at fifty cents per day, three hundred and thirteen dollars ;

For extra pay of one enlisted man employed in the department of drawing, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

For extra pay of one enlisted man employed in the mathematical department, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

For extra pay of one ordnance soldier employed as draftsman and lithographic printer, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

For extra pay of one ordnance soldier employed as machinist, at fifty cents per day, one hundred and fifty-six dollars and fifty cents;

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