[Penalties.]

R. S. 3910-Act 156, 1888

SEC. 8. That any public warehouseman who violates any of the provisions of this act shall be deemed guilty of a criminal offense, and upon indictment and conviction thereof, shall be fined, at the discretion of the court, in any sum not exceeding five thousand dollars ($5,000) or imprisonment in the State penitentiary not exceeding five years, or both.

[Act Not Applicable to Private Warehouses.]

SEC. 9. That nothing in this act shall be construed to apply to private warehouses, or to the issue of receipts by their owners or managers under existing laws, or to prohibit public warehousemen from issuing such receipts as are now issued by private warehousemen under existing laws, provided, that such private receipts issued by public warehousemen shall never be written on a form or blank indicating that it is issued from a public warehouse, but shall, on the contrary, bear on its face in large characters, the words "Not a Public Warehouse Receipt," in addition to any form of words imposed by laws heretofore in force.

[Repealing Clause.]

SEC. 10. That all laws and parts of laws in conflict with this act be and the same are hereby repealed in so far as they conflict.

A railroad corporation is a common carrier, and can not engage in the business of warehouseman under the act. It may receive and keep on deposit property, which it has carried or will carry over its own road, but it can not receive property on deposit for hire as a warehouseman pure and simple. The warehouse business of the corporation must be merely incident and necessary for the proper performance of its functions as a common carrier. Permanent storage of goods is not a necessary incident of such business. State vs. Southern Pacifie Company, 52 An. 1822.

Morgan's Louisiana and Texas Railroad and Steamship Company is not under its charter (Act 37, 1877), authorized to carry on the business of publie warehouseman, nor can it do so under Act 156, 1880; nor can it do so as an incident to the business of a railroad operated by another person or corporation. State vs. Morgan's, etc., Company, 106 La. 513.

See Gumbel & Co. vs. Beer et als., 36 An. 484; Lallande vs. His Creditors, 42 An. 705; Bank vs. Mayer, 43 An. 4; State National Bank vs. Bryant & Mathers, 49 An. 467; Holton vs. Winn, Id. 715.

See title "Privileges," p. 1327; sub-title "Pledge," p. 1338, and acts printed there, with annotations.

Act 63, 1890, printed at p. 1327, repeals this act so far as it may conflict

with it.

Act 72, 1876, printed at p. 1160.

R. S. 3910-Act 167, 1898

SALE OF STORED PROPERTY FOR UNPAID CHARGES.

Act 167, 1898, p. 325.

AN ACT authorizing the sale by warehousemen, railroad companies, steamship companies, steamship agents, companies limited, owners of vessels, crafts, steamboats, firms and individuals, of goods remaining in warehouses, whether owned or leased by them, on which charges remain due and unpaid, to provide for the disposition of the proceeds and to repeal all conflicting laws and re-enact and amend Act No. 85 of 1894.

[Sale of Goods for Storage Charges-Manner of Making Sale, etc.] SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That Act No. 85 of 1894, entitled an act authorizing the sale by warehousemen of goods remaining in warehouses, on which charges remain due and unpaid, to provide for the disposition of the proceeds and to repeal conflicting laws, be amended and be it now enacted by the General Assembly, that whenever any goods, wares or merchandise shall have remained on storage in any warehouse in this State for a period of six months, and the charges thereon for storage and other expenses shall have remained due and payable for a period exceeding six months, it shall be lawful for the warehouseman, whether owner or lessee, and whether said warehouses be owned or leased by railroad companies, steamship companies, steamship agents, companies limited, owners or agents of steamboats, crafts or other vessels, firms or individuals to give notice in writing of ten days to the person who has stored said goods, or to the consignees, through the United States mail, to pay such charges and expenses, and if the same are not paid within ten days after giving such notice, it shall be lawful for such warehouseman, railroad companies, steamship companies, steamship agents, companies limited, owners or agents, to sell said property for cash at public auction by a duly licensed auctioneer, after having duly advertised the terms and place of such sale for ten lays in the manner required for judicial advertisements of the sale of movables, provided, that a separate advertisement of each article to be sold shall not be required, but one general advertisement shall be sufficient to authorize the sale of said property stored for account of whom it may concern.

[Disbursement of Proceeds of Sale.]

SEC. 2. Be it further enacted, etc., That the aggregate proceeds of sales under such advertisements shall be applied in the first place to the payment of charges and expenses for storage and expenses for advertisement and sale, and the residue, if any, shall be retained by the warehouseman for the period of three months

R. S. 3910-Act 167, 1893 from the date of sale, and if during the said period the owners. of any of the property sold shall present themeslves, they shall be entitled to receive the proceeds of the sale of their property, less the deductions hereinbefore authorized to be made; and the balance, if any remaining unclaimed after the expiration of three months, as aforesaid, shall be paid into the treasury of the State of Louisiana to the credit of the general school fund of the State of Louisiana, to be disbursed in such manner as other money to the credit of the general school fund of Louisiana, and the said warehouseman shall be released from all liability on account of the property sold.

[Contents of Proces Verbal Where Owner Cannot Be Found.]

SEC. 3. Be it further enacted, etc., That in case the owner or agent cannot be found, that said goods, wares or merchandise shall be sold after due publication as above provided, and the proces verbal of sale shali contain the warehouseman's affidavit of his inability to find said owner or agent and the exercise of due diligence, provided a separate affidavit for each article shall not be required, but one general affidavit shall be sufficient for each sale.

[Who Entitled to Benefit of Act-Act Not Applicable to Perishable Goods.] SEC. 4. Be it further enacted, etc., That no warehouseman shall have the right to take the benefit of this act, unless the first section of this act shall have been printed or written on the receipt given for the property; and, provided, further, that the above proviso of this section shall not apply to goods, wares or merchandise perishable or otherwise in warehouses, or sheds, that may have been stored prior to the enactment of this act, and all warehousemen shall have the priv ilege to sell all goods, wares or merchandise stored previous to the enactment of this act without having complied with the first proviso of this section, and all receipts from goods previous to the enactment of this act, need not have on it the first section of this act, provided this shall not apply to common carriers.

[How Perishable Goods May be Sold.]

SEC. 5. Be it further enacted, etc., That all perishable goods of what nature soever shall be sold after three days' notice followed by three days' publication, except in very urgent cases, where twenty-four hours' notice, followed by one publication on the day of sale, may suffice.

[Repealing Clause.]

SEC. 6. Be it further enacted, etc., That all laws or parts of laws contrary to or inconsistent with the provisions of this act be and the same are hereby repealed.

R. S. 3911-Act 20, 1898

WARRANTY.

3911. When defendant is cast, he shall have judgment over against warrantor, etc. See C. P., Art. 385.

WEIGHTS AND MEASURES.

[Standards Fixed, How Obtained.]

3912. The Governor, at the expense of the State, shall procure or cause to be procured, one complete set of copper weights, to correspond with weights of their like denomination used by the revenue officers of the United States, in their offices, together with scales for said weights, and a stamp or seal, with such device as the Governor may deem proper; as also one complete set of measures, calculated for dry, liquid and long measures, of the same capacity and length as those of their like denomination used by such revenue officers aforesaid; which set of weights and measures, together with the scales and stamps, shall be deposited in the office of the Secretary of State to serve as a general standard of weights and measures in this State (Act 297, 1855, 360).

United States R. S. 3249, 3569, 3570.

[Inspectors, How Appointed, etc.]

3913. It shall be the duty of the Governor to nominate, and, by and with the advice and consent of the Senate, appoint for each of the four districts of the city of New Orleans, a suitable person as a Sealer of Weights and Measures, and he shall appoint in like manner, a person in each of the respective parishes of this State, each of whom shall hold the office for the term of two years.

OFFICE OF INSPECTOR

ABOLISHED FOR COUNTRY

PARISHES.

Act 20, 1898, p. 23.

AN ACT to abolish the office of inspector of weights and measures in all the parishes of this State, except the parish of Orleans, and to authorize and empower the police juries to provide for said inspection when they deem it necessary.

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That the office of inspector of weights and measures in

R. S. 3914-3916

all the parishes of this State, except the parish of Orleans, be and the same is hereby abolished.

SEC. 2. Be it further enacted, etc., That the police jury of the several parishes throughout the State, the parish of Orleans excepted, shall have power to provide for said inspection when they deem it necessary, and regulate the duties and fees for same.

SEC. 3. Be it further enacted, etc., That all laws in conflict or contrary to the provisions of this act be and the same are hereby repealed. SEC. 4. Be it further enacted, etc., That this act shall take effect from and after the date of its promulgation.

[Duties of Inspectors.]

3914. It shall be the duty of the persons thus appointed, to visit all places of business, in their district or parish, for which they are appointed, once in each year, and at any other time when on complaint or by request, their services may be required, and to inspect all weights and measures used in the places of business, and when found to correspond with the standard of the State, to seal them or to give a written certificate of their correctness; but when found to disagree with the standard of the State, the inspector shall forbid their further use until they shall have been corrected, approved and sealed. It shall also be the duty of the inspectors to attend upon all calls made upon them for performing the duties of their office.

[Neglect of Duty, Penalty.]

3915. It shall be the duty of each inspector to see that no other weights and measures but those established by law be made use of within the limits of this State; and in case of negligence or breach on the part of the inspector, he shall be condemned to pay a fine not exceeding two hundred nor less than one hundred dollars. The Common Council of New Orleans are authorized to pass regulations or ordinances relative to the police of weights and measures, to insure within the city of New Orleans the execution of this law.

[Parishes to Have Set, etc.]

3916. Each parish, as soon as practicable, shall be provided, at the expense of such parish, with a set of weights and measures, and a stamp conformably to those hereinbefore set forth, the same to be kept by the parish recorder.