R. S. 3904-3906

existing in the public mind, or for some other cause specially set forth, he cannot expect to obtain a fair and impartial trial in the parish where the cause is pending; he shall moreover adduce proof that the notice required by the preceding section has been given, and that the allegations contained in petition are well founded; whereupon the judge shall hear the parties, and after such hearing and examination of the evidence, if he is of opinion that the allegations are sustained by the evidence, he shall award to the party so applying a change of venue, in conformity with the foregoing provisions. Said change of venue shall always be made to a parish wherein neither of the parties reside.

[Affidavit Necessary.]

3904. The party presenting the petition shall be required, before the cause be heard, to make oath that the petition contains the truth, and has not been presented to delay the trial or to vex or harass the adverse party.

[Record to be Transferred.]

3905. The judge awarding a change of venue shall, if in vacation, grant an order under his official signature to the clerk of the parish where the cause is pending, to transmit the papers belonging to and filed in the cause, to the clerk of the parish to which the venue has been removed, which order shall be returned with the petition and filed in the suit.

Act 70, 1876. Transfer of cases where judge is recused, printed at p. 1521.

[Clerk Shall Make List, etc.]

3906. The clerk of the parish from which the suit has been removed shall make a list of all the papers on file in the suit, and a duly certified transcript of all orders made or steps taken during the pendency of the cause, and deliver the same, together with the papers in the suit, to the party to whom a change of venue has been awarded, or to his attorney in fact or of record, taking his receipt therefor, which receipt shall be a true copy of the list or inventory.

In case there should be sufficient reasons suggested to the judge why the papers should not be entrusted to the said party, then the clerk shall hand them to the sheriff of his parish, who shall give receipt therefor in the form above prescribed, and

R. S. 3907-3910

whose duty it shall be to carry the papers, or to employ some trusty person to carry them to the clerk of the parish where they may be directed.

The papers, in either case, shall be carefully folded, enveloped and sealed, and the party obtaining a change of venue shall pay, in advance, to the sheriff, twenty-five cents for every mile he shall have to travel from the place where the suit is pending to that to which it is so ordered to be removed; and the said party shall pay to the clerk of the parish where the suit is pending all costs which may have accrued therein before the papers shall be transmitted, otherwise the case shall be proceeded with in the parish where it originated in the same manner as if no such application had been made.

[Duty of Clerk Receiving Record.]

3907. The clerk to whom the papers shall be transmitted, upon their receipt, shall open the seal of the package and compare the papers with the inventory, and upon finding the same correct, he shall give a receipt to the person delivering the same, which shall be a true copy of the inventory. He shall then enter the cause in his docket, and act in the same manner as he would have done had the case been originally filed in his parish.

[Appeal Shall be Granted.]

3908. It shall be the duty of the judge trying the cause to grant an appeal the same as in other cases.

[Trial Judgment, Execution.]

3909. After the rendition of the judgment in any of the causes, and the same has become final, either through lapse of time for taking an appeal, or by final decision of the Supreme Court, it shall be the duty of the clerk of the court of the parish where the cause was tried, to return the said suit, and all the papers belonging to the same, in the same manner as is provided for above, to the parish in which the suit originated, in order that the judgment be there executed.

[Interpreter, Compensation.]

3910. When an interpreter may be deemed necessary by the judge, he shall receive the sum of two dollars for each suit in which he may be called on to act, to be taxed with the cost.

R. S. 3910-Act 156, 1888

WAREHOUSES.

Act 156, 1888, p. 216.

AN ACT to define and regulate the business of public warehouses, and the issue of public warehouse receipts; to define and punish violations of this act, and to repeal conflicting laws.

[Formalities and Qualification.]

SECTION 1. That the proprietor, lessee or manager of any public warehouse, whether an individual, firm or corporation, before transacting any business in such warehouse, shall procure from the Civil District Court of the parish in which the warehouse or warehouses are situated, a certificate that he is transacting business as a public warehouseman under the laws of this State, which certificate shall be issued by the clerk of said court, upon a written petition setting forth the location and name of such warehouse or warehouses and the name of each person, individually, or a member of the firm, interested as owner or principal in the management of the same; or if the warehouse be owned or managed by a corporation shall be stated; and the said certificate shall give authority to carry on and conduct the business or a public warehouse within the meaning of this act, and shall be revocable by said court upon a summary proceeding before the court, on com plaint by written petition of any person setting forth the particular violation of the law, and upon satisfactory proof as in other cases at law. The person receiving a certificate, as herein provided for, shall file with the clerk of the court granting same, a bond to the State of Louisiana, with good and sufficient security, to be approved by said court, in the penal sum of five thousand dollars ($5,000) conditioned for the faithful performance of his duty as a public warehouseman, and his full and unreserved compliance with all laws of the State relat ing to such business.

[Penalty for Non-Compliance.]

SEC. 2. That any individual, member or firm, or president, secre tary or treasurer of a corporation, who shall transact the business of a public warehouse without first procuring a certificate as herein provided, or who shall continue to transact any such business after such certificate has been revoked (save only that he may be permitted to deliver property previously stored in such warehouse) shall, in summary proceedings on the written petition of any person setting forth the fact, as above, and upon satisfactory proof before the court whose clerk is authorized to issue the certificates provided for in Section 1 of this act, be adjudged to pay to the police jury of the parish where

R. S. 3910-Act 156, 1888 the warehouse is situated, or to the city of New Orleans, if that be the location of the warehouse, at the discretion of the court, a sum not less than one hundred dollars ($100), nor more than five hundred dollars ($500) and costs of court, for each and every day such business is so carried on; and the court may refuse to renew the certificate or to grant a new one, to any of the persons whose certificate has been revoked, within one year from the time the same was revoked. But nothing herein shall be construed to interfere with, repeal, or conflict with the regular license laws of the parish, city or State.

[Receipts, How Issued, etc.]

SEC. 3. That on application of the owner or depositor of the property stored in a public warehouse, the warehouseman shall issue over his own signature, or that of his duly authorized agent, a public warehouse receipt therefor, to the order of the person entitled thereto, which receipt shall purport to be issued by a public warehouse, shall bear date of the day of its issue, and shall state upon its face the name of the warehouse and its location, the description, quantity, number and marks of the property stored, and the date on which it was originally received in warehouse, and that it is deliverable upon the return of the receipt properly endorsed by the person to whose order it was issued, and on payment of all charges for storage. All such receipts shall be numbered consecutively, in the order of their issue, and no two receipts bearing the same number shall be issued from the same warehouse during the same year, nor shall any duplicate receipt be issued, except in case of a lost or destroyed receipt, in which case the new receipt shall bear the same date and number as the original, and shall be plainly marked on its face "Duplicate"; and, provided, that no such duplicate receipt shall be issued by any public warehouseman until adequate security be deposited with or to the order of said warehouseman, to protect the party or parties who may finally hold the original receipt in good faith and for a valid consideration.

[Not Without Previous Receipt of Goods.]

SEC. 4. That no warehouse receipt shall be issued except upon the actual previous delivery of the goods into the warehouse or on the premises and under control of the warehouseman by whom it purports to be issued, and the name of the warehouse shall invariably be speci fied in such receipt.

[Delivery to Holder of Receipt.]

SEC. 5. That on the presentation and return to the warehouseman of any public warehouse receipt issued by him and properly endorsed, and the tender of all proper warehouse charges upon the property represented by it, such property shall be deliverable immediately to the

R. S. 3910-Act 156, 1888

holder of such receipt; but no public warehouseman who shall issue receipts for goods, shall under any circumstances or upon any order or guarantee whatsoever deliver the property for which such receipts have been issued, until the said receipts will have been surrendered and cancelled, and in default of the strict compliance with the provisions of this section of this act, he shall be held liable to the legal holder of the receipt for the full value of the property therein described, as it appeared on the day of the default, and shall furthermore be liable to the special penalties herein provided, in addition to the existing penalty attached to the crime of obtaining money or goods under false pretenses, or aiding and abetting therein. Upon delivery of the goods from the warehouse upon any receipt, such receipt shall be plainly marked in ink across its face the word "cancelled," with the name of the person cancelling the same, and shall thereafter be void, and shall not again be put in circulation.

[Limitation of Liability-Prohibited.]

SEC. 6. That no public warehouseman shall insert in any public warehouse receipt issued by him any language limiting or modifying his liabilities or responsibilities as imposed by the laws of this State, excepting not accountable for leakage or depreciation.

[Negotiability.]

SEC. 7. That the receipts issued against property stored in public warehouses, as herein provided for, shall be negotiable and transferrable by endorsement in blank or by special endoresement, and delivery in the same manner and to the same extent as bills of exchange and promissory notes now are, without other formality, and the transferree or holder of such public warehouse receipt shall be considered and held as the actual and exclusive owner, to all intents and purposes, of the property therein described, subject only to the lien and privileges of the public warehouseman for storage or other warehouse charges; provided, however, all such public warehouse receipts. as shall have the words "not negotiable" plainly written or stamped on the face thereof shall be exempt from the provisions of this section: and, provided, further, that no public warehouseman shall issue warehouse receipts against his own property in his own warehouse, but upon sale of such property in good faith, may issue to the purchaser his public warehouse receipt in form and manner as herein provided, which issue and delivery of the receipt shall be deemed to complete the sale, and shall constitute the purchaser full owner, as aforesaid, of the property therein described. Nothing in this last clause shall be construed to exempt the issuer of said receipt for his own goods in his own public warehouse from complying with and being subject in all respects to all the other sections and provisions of this act.