Fraudulent Receipt-Penalty.

SEC. 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 felony and upon conviction thereof shall be punished for each offense by imprisonment in the state prison not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both.

Fraudlent Issue of Duplicate Receipt-Penalty.

SEC. 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, withoutplainly placing upon the face thereof the word "Duplicate," except in the case of a lost or destroyed receipt after proceedings as provided for in section 14, shall be guilty of a felony and upon conviction shall be punished for each offense by imprisonment in the state prison not exceeding five years or by a fine not exceeding five thousand dollars, ($5,000) or by both.

Sole or Joint Ownership by Warehouseman.

SEC. 53. 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, 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 felony and upon conviction thereof shall be punished for each offense by imprisonment in the state prison not exceeding one year, or by a fine not exceeding one thousand dollars, ($1,000) or both.

Delivery of Goods Without Obtaining Possession of Receipt-Penalty.

SEC. 54. A warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods 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 guilty of a felony and upon conviction shall be punished for each offense by imprisonment in the state prison not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both.

Goods Under Lien or Mortgage-Negotiation of Receipt-Penalty.

SEC. 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 felony and upon conviction shall be punished for each offense by imprisonment in the state prison not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

Interpretation.

Part 5.

SEC. 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 coersion, mistake, bankruptcy, or other invalidating cause, shall govern.

Purpose of Law.

SEC. 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.

Definition of Terms.

SEC. 58. 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.

Receipts Excepted.

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

Repeal.

SEC. 60. All acts or parts of acts inconsistent with this act are hereby repealed.

Name of Act.

SEC. 61. This act may be cited as the Uniform Warehouse Receipts Act.

CHAPTER 101.

AN ACT entitled "An act to provide methods for the closing of estates of deceased persons where any heir-at-law, devisee or legatee shall never have been a resident of the State of Indiana and whose whereabouts cannot be determined and to declare such absentee to be legally dead for the purpose of closing such estate, and declaring an emergency." [S. 23. Approved March 8, 1921.]

Estates-Absentees, Devisees and Legatees. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That whenever it shall be made to appear in any proceeding for the purpose of closing up the estate of a person who has departed this life testate, pending in any court having probate jurisdiction in this state, that any devisee or legatee of such testator shall never have been a resident of the State of Indiana, so far as can be determined, and whose whereabouts for five years or more next preceding the death of such testator cannot be ascertained, and the legal representative of such testator cannot locate such absentee or secure any positive evidence of his death. by reasonable effort, the reasonableness of which shall be within the sound judicial discretion of the court having jurisdiction of such estate, the said court may, after two years from the issuing of letters in the estate of such testator, proceed to close up the estate of such testator as follows: The personal representative of such testator shall cause a notice to be published four consecutive weeks in some newspaper of general circulation published at the capital of this state, and like notice to be published in some newspaper of general circulation published in the county where such estate is pending, giving notice to the missing devisee or legatee, his heirs-at-law and personal representatives, of the intention to proceed to close the estate. After thirty days from the date of the last publication, the court having jurisdicion of such estate may, upon production of proof of such publications, and default by such absentee, presume and order that such absentee is dead and proceed to close the estate. If any bequest or devise is made to such absentee, contingent upon his surviving the testator, with the provision that if he shall not so survive the testator that the property so devised or bequeathed shall go to

some other person, the property so devised or bequeathed. to such absentee, contingently as aforesaid, shall thereupon immediately vest in such other person, as fully and completely as though positive proof of the death of such absentee had been produced to the court: Provided, however, That the person receiving such property shall give security, to be approved by the court, in such sum as the court shall direct, conditioned that if within five years after the date of such adjudication such absentee shall appear and assert his rights, that the person receiving the property, as aforesaid, shall reimburse to him the value of the property so received, together with interest; if the absentee shall fail to appear within such five year period, his rights shall be forever barred, Provided, further, That no order or proceeding had under this section shall have any force or effect, except as to the matters and property involved in the matter of the estate before the court.

Emergency.

SEC. 2.

Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in full force and effect from and after its passage.

CHAPTER 102.

AN ACT to amend sections 1, 3, 5, 6, 7, 8, 9, 9a, 10, 11, 13, 14, 15, 20, 20, 21 and 22 of an act entitled "An act to prevent fraud in the sale and disposition of stocks, bonds, and other securities and real estate in certain cases in the State of Indiana," approved July 26, 1920.

[S. 68. Approved March 9, 1921.]

Form of Issuers' Application-Fee-Consenttobe Sued.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows: Section 1. That every person, firm, corporation or association and every association organized or existing under the common law, who shall, as issuer, undertake, by advertisement, circular, prospectus, or through dealers, salesmen or agents, or by any other