evidence, under the same circumstances and rules as are now, or may be hereafter provided by law, for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded.

New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909.

Effect on mining districts.

§ 1426r. The provisions of this act shall not in any manner be construed as affecting or abolishing any mining district or the rules and regulations thereof within the State of California. New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909.

Neglect to perform development work.

§ 1426s. The failure or neglect of any locator of a mining claim to perform development work of the character, in the manner and within the time required by the laws of the United States, shall disqualify such locators from relocating the ground embraced in the original location or mining claim or any part thereof under the mining laws, within three years after the date of his original location and any attempted relocation thereof by any of the original locators shall render such location void.

New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909.

§ 1772. One who sells or agrees to sell any article to which there is affixed or attached a trade-mark, thereby warrants that mark to be genuine and lawfully used.

Enacted March 21, 1872.

Selling goods with counterfeit trademark: See Pen. C., § 351.

Other marks.

§ 1773. One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof, or the place where it was, in whole or in part, produced, manufactured, or prepared, thereby warrants the truth thereof.

Enacted March 21, 1872.

Owner of trade-mark: Pol. C. § 3199.

As to trade-marks generally, see Civ. C. §§ 654, 655, 991; Pol. C. §§ 3196 to 3201; Pen. C. §§ 349a to 3544; also "Trademarks," statutes at large, Appendix.

TITLE III.

Deposit.

CHAPTER II.

DEPOSIT FOR KEEPING.

CHAPTER [ARTICLE] IIIa.

[Article IIIa added March 21, 1905; stats. 1905, p. 612.1
Warehousemen.

(See, also, "Warehousemen," statutes at large, Appendix.) SEC. 1858. Warehouse receipts, when must not be issued. 1858a. Property not to be removed without consent in writ

ing.

1858b. Warehouse receipts, classification and effect of.

1858c. Endorsement on negotiable receipt of property delivered.

1858d. Negotiable receipts and their effect.

1858e. Liability for loss by fire.

1858f. Penalties and liabilities.

Warehouse receipts, when must not be issued.

§ 1858. A warehouseman, wharfinger, or other person doing a storage business must not issue any receipt or voucher for any merchandise, grain, or other product or thing of value, to any person purporting to be the owner thereof, nor to any person as security for any indebtedness or for the performance of any obligation, unless such merchandise, grain, or other product, commodity, or thing has been, in good faith, received by such warehouseman, wharfinger, or other person, and is in his store or under his control at the time of issuing his receipt; nor must any second receipt for any such property be issued while a former receipt for any part thereof is outstanding and uncanceled.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. §§ 1858, 1858a, 1858b, 1858c, 1858d, 1858e, 1858f. The statute of 1877-8, page 949, relating to warehousemen's and wharfinger's receipts, is codified in the above sections.

Property not to be removed without consent in writing.

§ 1858a. No warehouseman, wharfinger, or other person must sell or incumber, ship, transfer, or remove beyond his imme

diate control any property for which a receipt has been given, without the consent in writing of the person holding such receipt plainly indorsed thereon in ink.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Warehouse receipts, classification and effect of.

§ 1858b. Warehouse receipts for property stored are of two classes: first, transferable or negotiable; and second, non-transferable or non-negotiable. Under the first of these classes the property is transferable by indorsement of the party to whose order such receipt was issued, and such indorsement is a valid transfer of the property represented by the receipt, and may be in blank or to the order of another. All warehouse receipts must distinctly state on their face for what they are issued and its brands and distinguishing marks and the rate of storage per month or season, and, in the case of grain, the kind, the number of sacks, and pounds. If a receipt is not negotiable, it must have printed across its face, in red ink, in bold, distinct letters, the word "non-negotiable."

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE.-See note to § 1858, ante.

Endorsement on negotiable receipt of property delivered.

§ 1858c. If a negotiable receipt is issued for any property, neither the person issuing it nor any other person into whose care or control the property comes must deliver any part thereof without indorsing on the back of the receipt, in ink, the amount and date of the delivery; nor can he be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt, when called upon to deliver any property for which it was issued.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Negotiable receipts and their effect.

§ 1858d. If a non-negotiable receipt is issued for any property, neither the person issuing nor any other person in whose care or control the property comes must deliver any part thereof, except upon the written order of the person to whom the receipt was issued.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Liability for loss by fire.

§ 1858e. No warehouseman or other person doing a general storage business is responsible for any loss or damage to property by fire while in his custody, if he exercises reasonable care and diligence for its protection and preservation. Enacted March 21, 1905; stats. 1905, p. 613.

NOTE. See note to § 1858, ante.

Penalties and liabilities.

§ 1858f. Every warehouseman, wharfinger, or other person who violates any of the provisions of sections eighteen hundred and fifty-eight to eighteen hundred and fifty eight e, inclusive, is guilty of a felony, and, upon conviction thereof, may be fined in a sum not exceeding five thousand dollars, or imprisoned in the state prison not exceeding five years, or both. He is also liable to any person aggrieved by such violation for all damages, immediate or consequent, which he may have sustained therefrom, which damages may be recovered by a civil action in any court of competent jurisdiction, whether the offender has been convicted or not.

Enacted March 21, 1905; stats. 1905, p. 613.
NOTE. See note to § 1858, ante.

(For organization and government of corporations which are common carriers, see Civ. C. § 454 et seq.; "Railroads," "Street Railroads," and “Emigration," statutes at large, Appendix; see, also, Constitution of California, art. XII, §§ 17 to 22.)