be punished by fine not exceeding five thousand dollars, and imprisonment not exceeding five years.

§ 91. (Which is G. S. 161, § 78.) Making false invoice, etc., of cargo to defraud insurer, etc.—An owner of a ship or vessel, or of property laden or pretended to be laden on board the same, or any other person concerned in the lading or fitting out of a ship or vessel, who makes out or exhibits or causes to be made out or exhibited a false or fraudulent invoice, bill of lading, bill of parcels, or other false estimates of any goods or property laden or pretended to be laden on board such ship or vessel, with intent to injure or defraud an insurer of such ship, vessel, or property, or any part thereof, shall be punished by imprisonment in the State Prison not exceeding ten years, or by fine not exceeding five thousand dollars, and imprisonment in the jail not exceeding two years.

MICHIGAN.

[Howell's Annotated Statutes, 1882, page 867.]

§ 3383. Penalty for executing false bill of lading by employé, etc.-If any officer, agent, clerk, servant, or employé, of any railway company of this State, or which may be doing business in this State, shall execute and deliver to any person or corporation, or execute to be delivered, a bill of lading, receipt, or certificate, which shall purport to be property at the time of executing such bill of lading, receipt, or certificate in possession of such railway company or its agent, when the property is not in the possession or control of said railway company, he shall be deemed guilty of a felony, and on conviction thereof shall be punished by fine not exceeding two thousand dollars, or imprisonment in the State Prison not exceeding three years, or both, in the discretion of the court.

§ 3384. Fraudulent use of bill of lading as security, etc.-If any person having possession or control of a bill of lading, receipt, or certificate of any such railway company, knowing the same to have been executed when the property described therein was not in possession of the railway company or agent issuing the same, who shall sell, pledge, or otherwise dispose of such bill of lading, receipt, or certificate, for a valuable consideration or as security for a past debt, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by a fine not exceeding three thousand dollars, or imprisonment in the State Prison not exceeding three years, or both, in the discretion of the court.

§ 17.

MINNESOTA.

[Statutes, 1878, page 1013.]

Warehouse receipts, etc., negotiable, and indorsee to be owner of property, exceptions.-Warehouse receipts, given for any goods, wares and merchandise, grain, flour, produce or other commodity, stored or deposited with any warehouseman, or other person or corporation in this State, or bills of lading, or receipt for the same, when in transit by cars or vessels to any such warehouseman, or other person, shall be negotiable, and may be transferred by indorsement and delivery of such receipt or bill of lading; and any person to whom the said receipt or bill of lading may be transferred, shall be deemed and taken to be the owner of the goods, wares, or merchandise therein specified, so as to give security and validity to any lien created on the same, subject to the payment of freight and charges thereon: provided, that all warehouse receipts, or bills of lading, which shall have the words "not negotiable" plainly written. or stamped on the face thereof, shall be exempt from the provisions of this act. (Id. § 5.)

[Supplement, 1888, page 1037.]

§ 471. Issuing fictitious bills of lading, etc.-A person being the master, owner, or agent of any vessel, or officer or agent of any railway, express, or transportation company, or otherwise being or representing any carrier who delivers any bill of lading, receipt, or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner, or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt, or voucher, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

§ 472. Issuing fictitious warehouse receipts, etc.-A person carrying on the business of a warehouseman, wharfinger, or other depositary of property, who issues any receipt, bill of lading, or other voucher for grain or merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such grain or merchandise, or as security for any indebtedness, is punishable by

imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

§ 473. Ib. Issued in good faith, excepted.-No person can be convicted of any offence under the last two sections, for the reason that the contents of any barrel, box, case, or cask, or other vessel or package mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponds substantially with the marks, labels, or brands upon the outside of such vessel or package, unless it appears that the defendant knew that such marks, labels, or brands were untrue.

§ 474. Duplicate receipt must be marked.-A person mentioned in sections four hundred and seventy-one and four hundred and seventy-two, who issues any second or duplicate receipt or voucher of any kind specified in those sections, at a time while a former receipt or voucher for the grain or merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate" in a plain and legible manner, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

§ 475. Selling, etc., property received for transportation or storage. A person mentioned in sections four hundred and seventy-one and four hundred and seventy-two, who sells or pledges any merchandise for which a bill of lading, receipt, or other voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt, or voucher, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both.

[Statutes, 1891, Vol. I.]

§ 509. Common law liability.—(d) Whenever any property is received by any common carrier subject to the provisions of this act, to be transported from one place to another within this State, it shall be unlawful for such common carrier to limit in any way, except as stated in its classification schedule, hereinafter provided for, its common law liability with reference to such property while in its custody as a common carrier (as herein before mentioned), such liability must include the absolute responsibility of the common carrier for the acts of its agents in relation to such property.

1887, ch. 10, sec. 3. Supersedes and contains sections 19, 26, and last half of sec. 15, ch. 188, laws 1885; sec. 9, ch. 103, laws 1875; sections 11 and 12, ch. 26, laws 1874. 34 M. 88.

[Statutes, 1891, Vol. 2. Fraudulent Issue of Documents of Title to

Merchandise].

§ 6451. Issuing fictitious bills of lading, etc.-A person being the master, owner, or agent of any vessel, or officer or agent of any railway, express or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier or the master, owner or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both.

P. C. Sec. 471. Same as Sec. 628, N. ¥. Penal Code.

§ 6452. Issuing fictitious warehouse receipts.—A person carrying on the business of a warehouseman, wharfinger or other depositary of property, who issues any receipt, bill of lading, or other voucher for grain or merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such grain or merchandise, or as security for any indebtedness, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

P. C. Sec. 472. Same as Sec. 629, N. Y. Penal Code. Substantially contains Sec. 31 (42), ch. 95, G. S.

435

SEC. 739. Warehouseman, etc., not to issue receipt until goods actually in store.-No warehouseman, wharfinger, or other person, shall issue any receipt or other voucher for any goods, wares, merchandise, grain, flour, or other produce or commodity, to any person or persons purporting to be the holder, owner or owners thereof, unless such goods, wares, merchandise, grain, or other produce or commodity shall have been actually received in store upon the premises of such warehouseman, wharfinger, or other person, and shall be in the store or on the premises aforesaid and under his control at the time of issuing such receipt. (R. S. 1879, § 553, a.)

SEC. 740. Not to issue any receipt for money loaned, etc., until goods actually in store.-No warehouseman, wharfinger, 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 any money loaned, or other indebtedness, unless such goods, wares, merchandise, grain, flour, 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. (R. S. 1879, § 554.)

SEC. 741. Not to issue second receipt, when.—No warehouseman, wharfinger, 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,