ARTICLE IV.-CRIMINAL OFFENSES.

§ 50. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which such receipt is issued have not been atcually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, 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.

§ 51. A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, 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.

§ 52. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the words "Duplicate," except in the case of a lost or destroyed receipt, after proceedings as provided for in section 14, 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.

$ 53. Where there are deposited with or held by a warehouseman goods of which he is the 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.

§ 54. 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 uncancelled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 14 and 36, 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.

§ 55. Any 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.

ARTICLE V.-INTERPRETATION.

§ 56. In 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 invalidating cause, shall govern.

§ 57. 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.

§ 58. (1) In this Act, unless the context or subject matter otherwise requires

"Action" includes counter claim, set-off and suit in equity.

"Delivery" means voluntary transfer of possession from one person to another.

"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.

"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. "Purchaser" includes mortgagee and pledgee.

"Receipt" means a warehouse receipt.

"Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing 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.

(2) A thing is done "in good faith" within the meaning of this Act, when it is in fact done honestly, whether it be done negligently

or not.

59. The provisions of this Act do not apply to receipts made and delivered prior to the taking effect of this Act.

§ 60. All Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, however, that nothing in this Act shall be construed to repeal any of the provisions of an Act entitled, "An Act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article thirteen of the constitution of this State" (approved April 25, 1871, in force July 1, 1871), except

in so far as said last named Act relates to warehouse receipts for property stored in public warehouses of class C, or to repeal the provisions of an Act entitled, "An Act providing for the issuing and the cancellation of receipts for public warehouses or warehouses of class A or class B in the State of Illinois, and providing penalties for violation thereof," approved May 11, 1901, in force July 1, 1901. APPROVED May 29, 1907.

AN ACT to amend section one (1) of “An Act providing for the issuing and cancellation of receipts for public warehouses or warehouses of class A or class B, in the State of Illinois, and providing penalties for violation thereof," approved May 11, 1901, in force July 1, 1901. SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one (1) of "An Act providing for the issuing and the cancellation of receipts for public warehouses or warehouses of class A or class B, in the State of Illinois, and providing penalties for violation thereof," be and the same is hereby amended to read as follows:

§ 1. That upon the receipt of any grain for storage in any public warehouse of class A or class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed), the said warehouseman shall issue or cause to be issued a receipt for the number of bushels, the kind, the grade of such grain, the owner thereof, and shall report within twenty-four (24) hours to the warehouse registrar the amount of grain, the owner thereof, the number of the receipt issued therefor, the kind and grade of said grain; and that no grain shall be delivered from store from any such public warehouse of class A or class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed), for which, or representing which, any such receipt shall have been issued, except upon the return of said receipt stamped, or otherwise plainly marked by the warehouse registrar with the words. "registered for cancellation," and date thereof. And it shall be the duty of the warehouseman, after said receipts have been stamped and marked "registered for cancellation," and within twentyfour (24) hours after the last of said grain has been delivered, to report said receipts to the registrar cancelled; and any warehouseman, agent, clerk or servant failing to issue receipts for grain, when received as aforesaid, shall be subject to a fine of one hundred dollars ($100) for each offense. And any warehouseman, agent, clerk or servant so delivering any grain, where receipts have been issued as aforesaid, or inspector or person connected with the grain department,

knowingly permitting said grain to be delivered without notice from the registrar that said receipts have been registered for cancellation, shall be deemed guilty of a crime, and upon conviction thereof shall be fined an amount equal to the value of the property so delivered, or imprisonment in the penitentiary not less than one year nor more than ten years.

APPROVED June 4, 1907.

WAREHOUSES-APPEALS.

§ 1. Amends section 3, Act of 1871.

(HOUSE BILL No. 745.

$ 3. Relates to appeals-assist
ant inspector changed
to deputy inspector.

APPROVED JUNE 4, 1907.)

AN ACT to amend section three (3) of "An Act to amend an Act entitled 'An Act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article thirteen (13) of the constitution of the State, approved April 25, 1871, in force July 1, 1871, and to establish a committee of appeal, and prescribe their duties," approved April 15, 1873, in force July 1, 1873.

SECTION I. Be it enacted by the People of the State of Illinois, represented by the General Assembly: That section three (3) of "An Act to amend an Act entitled, 'An Act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article thirteen (13) of the constitution of the State,' approved April 25, 1871, in force July 1, 1871, and to establish a committee of appeal, and prescribe their duties," approved April 15, 1873, in force July 1, 1873, be and the same is hereby amended so as to read as follows: § 3. In all matters involving doubt on the part of the chief inspector, or any deputy inspector, as to the proper inspection of any lot of grain, or in case any owner, consignee or shipper of grain, or any warehouse manager, shall be dissatisfied with the decision of the chief inspector or any deputy inspector, an appeal may be made to said committee of appeal, and the decision of a majority of said committee shall be final. Said board of commissioners are authorized to make all necessary rules governing the manner of appeals as herein provided. And all complaints in regard to the inspection of grain, and all notices requiring the services of the committee of appeal, may be served on said committee, or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact and who shall furnish said committee with such clerical assistance as may be necessary for the proper discharge of their duties. It shall be the duty of said committee, on receiving such notice, to immediately act on and render a decision in each case.

APPROVED June 4, 1907.

(HOUSE BILL No. 848. APPROVED MAY 24, 1907.)

AN ACT to amend sections 3, 4, 5, 6 and 14 of "An Act to regulate public warehouses, and the warehousing and inspection of grain, and to give effect to article thirteen of the constitution of this State," approved April 25, 1871, in force July 1, 1871.

SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 3, 4, 5, 6 and 14 of "An Act to regulate public warehouses, and the warehousing of grain, and to give effect to article thirteen of the constitution of this State," approved April 25, 1871, in force July 1, 1871, be and the same is hereby amended so as to read as follows:

83. The proprietor, lessee or manager of any public warehouse of class A shall be required, before transacting any business in such warehouse, to procure from the Board of Commissioners of Railroads and Warehouses a license, permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this State, which license shall be issued by said commissioners upon a written application therefor, which shall set forth the location and name of such warehouse, and the individual name of each person interested as owner or principal in the management of the same; or, if the warehouse be owned or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated; and the said license shall give authority to carry on and conduct the business of a public warehouse of class A in accordance with the laws of this State, and shall be revocable by the said commissioners, after full hearing, upon satisfactory proof of any violation of law by such licensee, such proof to be taken in such manner as may be directed by and under rules to be established by said commissioners, (but the action of such commissioners in granting or refusing licenses and in revoking licenses may be reviewed by the circuit court of the county where such elevator or warehouse is located).

84. The person receiving a license as herein provided shall file with the Board of Commissioners of Railroads and Warehouses a bond to the People of the State of Illinois, with good and sufficient surety, to be approved by said commissioners, in a penal sum to be fixed by said commissioners, and which shall not be less than ten thousand dollars, conditioned for the faithful performance of his duty as a public warehouseman of class A, and his full and unreserved compliance with all the laws of this State in relation thereto.