ceipt who in good faith demands or receives payment of a debt for which such receipt is security, whether from a party to a draft drawn for such debt or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described. SEC. 47. (When negotiation not impaired by fraud, mistake or duress.) The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to such person, if the person to whom the receipt was subsequently negotiated paid value therefor without notice of the breach of duty, or fraud, mistake or duress. SEC. 48. (Subsequent negotiation.) When a person having sold, mortgaged or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged or pledged the negotiable receipt representing such goods continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or the disposition thereof to any person receiving the same in good faith for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation. SEC. 49. (Negotiation defeats vendor's lien.) Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transitu. Nor shall the warehouseman be obliged to deliver or [be] justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancelation. PART IV.-CRIMINAL OFFENSES. SEC. 50. (Issue of receipt for goods not received.) A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprison ment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. A SEC. 51. (Issue of receipt containing false statement.) 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 crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by fine not exceeding one thousand dollars, or by both. SEC. 52. (Issue of duplicate receipts not so marked.) 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 uncanceled, without plainly 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 crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 53. (Issue for warehouseman's goods of receipts which do not state the facts.) 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 who, 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 crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 54. (Delivery of goods without obtaining negotiable receipt.) A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out 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 uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in cases provided for in sections 14 and 36, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 55. (Negotiation of receipt for mortgaged goods.) 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 a lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. PART V.-INTERPRETATION. SEC. 56. (When rules of common law still applicable.) 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 coercion, mistake, bankruptcy or other invalidating cause, shall govern. SEC. 57. (Interpretation shall give effect to purpose of uniformity.) 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. SEC. 58. (Definitions.) (1) In this act, unless the context or subject-matter otherwise requires, "action" includes counterclaim, 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 merchantable custom, treated as the equivalent for 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 preëxisting 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. SEC. 59. (Act does not apply to existing receipts.) The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act. SEC. 60. (Inconsistent legislation repealed.) All acts and parts of acts inconsistent with this act are hereby repealed. SEC. 61. (Name of act.) This act may be cited as the "Warehouse Receipts Act." SEC. 62. This act shall be in force and take effect from and after its publication in the statute-book. Approved March 10, 1909. CHAPTER 263. RELATING TO THE ISSUANCE OF BONDS TO FUND OUTSTANDING WARRANTS. Substitute for House bill No. 760. AN ACT authorizing the boards of county commissioners of the various counties of Kansas to issue bonds for the purpose of funding the outstanding warrants existing against the said counties, respectively, prior to January 15, 1909. Be it enacted by the Legislature of the State of Kansas: 66 SECTION 1. That the boards of county commissioners of the various counties of this state are hereby authorized and empowered to issue the bonds of the respective counties in an amount sufficient to redeem all outstanding warrants against such counties bearing date prior to January 15, 1909, with accrued interest thereon. The said bonds shall be known and denominated as -County Funding Bonds," and shall be issued in denominations of not less than five hundred dollars nor more than one thousand dollars, with interest coupons attached, and shall bear interest at a rate not greater than five per cent. per annum, payable semiannually, on the 1st days. of January and July in each year. Said bonds shall be payable in not less than twenty years nor more than thirty years from the date thereof, and payable at such time and place within the period aforesaid as the board of county commissioners shall designate. Each bond shall bear on its face the amount thereof and the rate of interest it bears, the number of such bond, when issued, when and where payable, for what purpose issued, and be payable to bearer; which bonds, together with the coupons thereto attached, shall be signed by the chairman of the board and attested by the clerk of the county, and each bond shall have the impression of the seal of the county thereon; but said bonds shall not be sold for cash for less than par, nor be exchanged for said warrants and accrued interest thereon for less than dollar for dollar. SEC. 2. That said bonds may be sold for cash at not less than par, and the money derived from such sale shall be paid over to the county treasurer of said county, to be by him disbursed in payment of the warrants outstanding prior to January 15, 1909, but for no other purpose. SEC. 3. That the said board of county commissioners, issuing bonds under the provisions of this act, shall annually at the time other taxes are levied, levy a tax sufficient to pay the interest on said bonds as the same shall become due, and to create a sinking-fund for the final redemption of said bonds; but no sinking-fund shall be provided until the expiration of one-half the time such bonds shall run. SEC. 4. It shall be the duty of the county clerk of said county to register the bonds authorized to be issued by this act, in a book to be kept by him for that purpose, which register shall show the date, number and amount of each bond, to whom issued, for what purpose, and when and where payable and when said coupons or bonds shall be paid. When any such bonds or coupons are paid, that fact shall be noted on the register, and the bonds or coupons so paid shall be then and there destroyed in the presence of the board of county commissioners. SEC. 5. None of the restrictions and limitations contained in any of the statutes of the state of Kansas, heretofore enacted, shall apply to or in any way affect the issuance of the bonds under this act or of any bonds so issued. SEC. 6. This act shall take effect and be in force from and after its publication in the official state paper. Approved March 12, 1909. Published in official state paper April 1, 1909. CHAPTER 264. CONCERNING WEIGHTS AND MEASURES. AN ACT concerning weights and measures and the regulations thereof, and to repeal an act entitled "An act regulating weights and measures," approved March 2, 1868, and as amended by chapter 167 of the Laws of 1886 and chapter 208 of the Laws of 1877 and chapter 280 of the Laws of 1897, and being sections 7920 to 7931, both inclusive, of chapter 116 of the General Statutes of Kansas of 1901, and to provide for damages, fines and penalties for the violation thereof, and for the inspection of weights and measures and the enforcement thereof by the State Board of Health, and to provide a rules of evidence, and to provide for certain fees and compensation. Be it enacted by the Legislature of the State of Kansas: SECTION 1. Such standard weights and measures as have been furnished to this state by the government of the United States, in accordance with a joint resolution of Congress, ap |