Chapter 47. REGULATION OF TRADE.

§1. Definition of Terms.—The words “weights,” “measures” or “weighing or measuring devices” as used in this article shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments.

The words “sell” or “sale” as used in this article shall be construed to include barter and exchange.(1915, c. 16, §30; 1919, c. 53, §31; Code 1923, c. 59, §30.)

§2. State Standards.—The weights and measures received from the United States under a resolution of congress approved June fourteen, eighteen hundred and thirty-six, and such new weights and measures as have been or shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the national bureau of standards, shall be the state standards of weights and measures. Such state standards may be kept at the state university in its physical laboratory, or elsewhere at the discretion of the commissioner of weights and measures.(1915, c. 16, §1; Code 1923, c. 59, §1.)

§3. Office and Working Standards.—In addition to the state standards of weights and measures provided for in this article, there shall be supplied by the State at least one complete set of copies of these standards, to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this article, to be known as working standards. Such weights, measures and apparatus shall be verified by the state commissioner, or at his discretion by his deputy or inspectors, upon the initial receipt of such weights, measures and apparatus and at least once in each year thereafter, the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letters “W. V.” and the last two figures of the year with seals which the state commissioner shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures and weighing and measuring devices submitted for test in the office of the commissioner, and the state standards shall be used only in verifying the office standards and for scientific purposes.(1915, c. 16, §2; Code 1923, c. 59, §2.)

§4. Commissioner of Weights and Measures; Deputies and Inspectors.—The state commissioner of labor shall be ex officio commissioner of weights and measures, and he shall be authorized to appoint and fix the salaries of such deputies and inspectors, not to exceed two in number, as may be required to carry out the purposes of this article within the limits of such appropriations as may be made by the legislature for the maintenance of the work of the bureau of labor. The salaries of each of such deputies or inspectors shall not exceed eighteen hundred dollars per annum.(1915, c. 16, §3; 1919, c. 53, §3; Code 1923, c. 59, §3.)

§5. Bond of Commissioner.—The state commissioner of labor shall forthwith, on his appointment, give bond in the penal sum of five thousand dollars, for the faithful performance of the duties of his office as state commissioner of weights and measures, and for the safe keeping of the standards intrusted to his care and for the surrender thereof immediately to his successor in office or to the person appointed by the governor to receive them, which bond shall be approved as to form by the attorney general, and as to sufficiency by the governor.(1915, c. 16, §4; Code 1923, c. 59, §4.)

§6. Care of Standards; Reports; Assistant Commissioner.—The commissioner of weights and measures shall take charge of the standards adopted by this article as the standards of the State, and cause them to be kept in a safe and suitable place, from which they shall not be removed except for repair or for certification, and he shall take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the State and take a receipt for the same from his successor in office. He shall annually, on the first day of January, make to the governor a report of all work done by his office. The director of the physical laboratory of the West Virginia university shall be the assistant commissioner of weights and measures. It shall be his duty, upon the request of the commissioner, to make or cause to be made at said physical laboratory all such tests, calibrations and determinations as may be necessary for the carrying out of this article.(1915, c. 16, §5; Code 1923, c. 59, §5.)

§7. Power of Commissioner to Administer Oaths and Compel Testimony.—In the exercise of his powers and the performance of his duties under this article, the commissioner of weights and measures shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesss and the production of books, papers, accounts and documents. In case of failure on the part of any person to comply with any proper order of the commissioner, or any subpoena issued in behalf of the commissioner, or on the refusal of any witness to testify with reference to any matters upon which such witness may be lawfully interrogated, it shall be the duty of the circuit court of any circuit, upon application of the commissioner, to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.(1915, c. 16, §6; Code 1923, c. 59, §6.)

§8. Inspection and Sealing of Weights and Measures of County or City; Inspecting Work of Local Sealers.—The commissioner of weights and measures, or his assistant commissioner, deputy, or inspectors, at his direction, shall at least once in five years try and prove by the office standards all standard weights, measures and other apparatus which may belong to any county or city required to appoint a sealer and to purchase and keep standards of weights and measures by the provisions of this article, and shall seal such when found to be accurate bylast two figures of the year with seals which he shall have and keep for that purpose. The state commissioner, or his assistant, deputy or inspectors, at his direction, shall inspect all standard weights, measures and other apparatus used by such counties and cities at least once in two years, and shall keep a record of the same. He, or his deputy, or inspectors, at his direction, shall at least once in two years visit these cities and counties for the purpose and in order to inspect the work of the local sealers, and in the performance of such duties they may inspect the weights, measures, balances, or any other weighing or measuring appliances of any person, and shall have the same powers as the local sealer of weights and measures.(1915, c. 16, §7; 1919, c. 53, §7; Code 1923, c. 59, §7.)

§9. Supervision by Commissioner; Tests on Request or at State Institutions; Employees of Institutions as Deputies.—The state commissioner of weights and measures shall have and keep a general supervision of the weights and measures and weighing or measuring devices offered for sale, sold, or in use in the State. He, or his assistant commissioner, deputy, or inspectors, at his direction, shall, upon the written request of any citizen, firm or corporation, or educational institution in the State, test or calibrate weights, measures and weighing or measuring devices used as standards in the State. He, or his assistant commissioner, deputy, or inspectors, at his direction, shall at least once annually test all scales, weights and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the state board of control and to the executive officer of the institution concerned, and, at the request of such board or executive officer, the commissioner of weights and measures shall appoint, in writing, one or more employees then in the actual service of the institution who shall act as special deputies for the purpose of checking the receipts and disbursements of supplies.(1915, c. 16, §8; Code 1923, c. 59, §8.)

§10. General Powers and Duties of Commissioner.—The state commissioner shall have the power, and it shall be his duty, either personally or by deputy or through the agency of a county or city sealer of weights and measures, to inspect, test, try and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered or exposed for sale, sold or used or employed by any proprietor, agent, lessee, or employee in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for sale, hire or award; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He shall at least twice a year, and as much oftener as he may deem necessary, see that all weights, measures and weighing or measuring devices are correct. He and his authorized deputies may, for the purpose above mentioned, and in the general performance of their official duties, enter and go into or upon, without formal warrant, any stand, place, building, or premises, or stop any dealer whatsoever, and require him, if necessary, to proceed to some place which the state commissioner may specify, for the purpose of making the proper tests. Whenever the state commissioner finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.(1915, c. 16, §9; Code 1923, c. 59, §9.)

§11. Sealing or Marking of Correct Weights and Measures.—Whenever the state commissioner compares weights, measures, or weighing or measuring instruments, and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring instruments with appropriate devices.(1915, c. 16, §10; Code 1923, c. 59, §10.)

§12. Condemnation of Incorrect Weights and Measures.—The state commissioner shall condemn and seize incorrect weights, measures or weighing or measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect, and yet may be repaired, he shall mark or tag as “condemned for repairs.” The owner or user of any weight, measure, or weighing or measuring device of which such disposition is made, shall have the same repaired or corrected within ten days, and the owner or user may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the commissioner. Any weights, measures, or weighing or measuring devices, which have not been repaired as required above, shall be seized by the commissioner. Any weight, measure, or weighing or measuring devise seized under the foregoing provisions of this section may be kept by the commissioner, or delivered by him to the prosecuting attorney of the county to be by him kept, for use as evidence in the prosecution of the owner or user thereof for violation of any of the provisions of this article. If the owner or user be convicted in such prosecution, and the court or justice find that such weight, measure, or weighing or measuring device was properly seized in compliance with the provisions of this section, the court or justice shall then order the same to be destroyed. If any such weight, measure, or weighing or measuring device be so seized and not kept for use as evidence as aforesaid, it shall be kept by the commissioner for a period of ten days, during which time the owner or user thereof may serve written notice upon the commmissioner to the effect that he denies that the weight, measure, or weighing or measuring device was properly seized. Upon the service of such notice, the commissioner shall, not later than ten days thereafter, serve written notice upon such owner or user to the effect that at a specified hour on a specified day, which day shall be not less than five nor more than thirty days from the day when such notice is served on the owner or user, application will be made to a justice of the peace, named in the notice, of the county in which such weight, measure, or weighing or measuring device was seized, for an order that the same be destroyed. Whereupon, the justice, at the time appointed in such notice, shall proceed to determine whether such seizure was properly made, and, in accord with his finding, shall order that the weight, measure, or weighing or measuring device be released or destroyed. From such order there may be an appeal to the circuit court of the county in the manner provided by law for appeals from judgments of justices in other cases. Pending any such appeal, the property seized shall remain in the custody of the commissioner. If it be adjudicated that the seizure was proper, the contestant shall be adjudged to pay all costs incurred before the justice and in the circuit court. If the propriety of the seizure be not contested as aforesaid, the property seized shall be destroyed by the commissioner.(1915, c. 16, §11; Code 1923, c. 59, §11.)

§13. General Powers and Duties of Deputies and Inspectors.—The powers and duties given to and imposed upon the state commissioner of weights and measures by sections seven, ten, eleven and twelve are hereby given to and imposed upon his deputies and inspectors also, when acting under his instructions and at his direction.(1915, c. 16, §12; Code 1923, c. 59, §12.)

§14. County Sealers; Deputies.—Except in counties where the county court shall appoint a sealer of weights and measures as hereinafter provided, the sheriff of the county shall be ex officio county sealer of weights and measures in his county. Whenever the county court of any county shall deem it necessary, it may appoint and fix the salary of one sealer and one or more deputy sealers of weights and measures. Such sealer or deputies, when not appointed merely for some temporary purpose, shall hold office for a term of four years from the date of their appointment, unless removed for just cause, and all deputies shall have the same power and may perform the same duties as the county sealer when acting under his instructions and at his direction. No fee shall be charged by the county sealer or his deputy or by the county for inspecting, testing, sealing, repairing or adjusting weights, measures, or measuring devices.(1915, c. 16, §13; 1919, c. 53, §13; Code 1923, c. 59, §13.)

§15. City Sealers; Deputy Sealers; Regulations.—There may be a city sealer of weights and measures in cities of not less than twenty-five thousand population, according to the latest official statement of United States census, to be appointed by the mayor from a list to be furnished by the civil service board, and under the rules of such board, where such board exists; otherwise, to be appointed by the mayor, by and with the advice and consent of the common council. He shall hold office for a term of two years, unless removed for just cause, and receive a salary to be determined by the appointive power. There may in like manner be appointed for any such city one or more deputy sealers of weights and measures. All deputies appointed shall have the same power and perform the same duties as the city sealer when acting under his instructions and his direction. No fee shall be charged by the city sealer or his deputy or by the city for testing, trying, adjusting or repairing any weights or measures, or weighing and measuring device.(1915, c. 16, §14; 1919, c. 53, §14; Code 1923, c. 59, §14.)

§16. Combined Territory for One Set of Standards and One Sealer.—Nothing in sections fourteen and fifteen of this article shall be construed to prevent two or more counties, or a county and any city therein, from combining the whole or any part of their districts, as may be agreed upon by the county courts of the counties, or such county court and the mayor and common council of the city, and employing one set of standards and one sealer, upon the written consent of the state commissioner of weights and measures. A county sealer or city sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement.(1915, c. 16, §15; Code 1923, c. 59, §15.)

§17. Bond of County or City Sealer or Deputy.—Each county or city sealer or deputy sealer of weights and measures appointed under the provisions of sections fourteen, fifteen or sixteen of this article shall forthwith upon his appointment give bond in the penal sum of one thousand dollars, with sureties to be approved by the appointing power, for the faithful performance of the duties of his office.(1915, c. 16, §16; 1919, c. 53, §16; Code 1923, c. 59, §16.)

§18. Procurement and Certification of County and City Standards.—The county court of each county and the common council of each city required to appoint a sealer under the provisions of this article shall procure at the expense of the county or city, and shall keep at all times, a set of weights and measures and other apparatus as complete and of such material and construction as the state commissioner of weights and measures may direct. All such weights, measures, and other apparatus, having been tried and accurately proved by the state commissioner, shall be sealed and certified by him as hereinbefore provided, and shall then be deposited with and preserved by the county or city sealer as public standards for such county or city. Whenever the county court of such county or the common council of such city shall neglect for six months so to do, the county clerk of such county, or the city clerk or recorder of such city, on notification and request by the commissioner of weights and measures, shall provide such standards and cause the same to be tried, sealed and deposited at the expense of the county or city.(1915, c. 16, §17; Code 1923, c. 59, §17.)

§19. Powers and Duties of County and City Sealers; Rules and Regulations.—Where not otherwise provided by law, the county or city sealer shall have the same powers and shall perform the same duties within his county or city as are granted to and imposed upon the state commissioner of weights and measures in sections ten, eleven and twelve of this article. The rules and regulations for the guidance of county and city sealers of weights and measures issued by the bureau of weights and measures of Washington, D. C.; known as circular No. two, or any subsequent rules and regulations issued by such bureau of weights and measures, shall be the rules and regulations governing the inspectors and county and city sealers in the performance of their duties. And the commissioner shall issue from time to time such additional regulations, not inconsistent with those issued by authority of the federal government, as he may deem necessary for the guidance of the county and city sealers.(1915, c. 16, §§7, 14, 18; 1919, c. 53, §§7,14; Code 1923, c. 59, §§7, 14, 18.)

§20. Records and Reports of County and City Sealers.—The county or city sealer shall keep a complete record of all his official acts, and shall make an annual report, duly sworn to, on the first day of November, to the state commissioner of weights and measures on blanks furnished by the commissioner.(1915, c. 16, §19; Code 1923, c. 59, §19.)

§21. Commissioner, Assistant, Inspectors, Deputies and Sealers Made Special Policemen; Arrests and Seizures.—The commissioner of weights and measures, his assistant, deputy and inspectors, and the county and city sealers and deputy sealers of weights and measures, are hereby made special policemen and are authorized and empowered to arrest, without formal warrant, any one found by them violating any of the statutes in relation to weights and measures, and to seize for use as evidence, any false or unsealed weight, measure or weighing and measuring device or package or amount of commodity found to be used, retained, or offered or exposed for sale or sold in violation of the law.(1915, c. 16, §20; Code 1923, c. 59, §20.)

§22. Obstruction of Officers.—Any person who shall hinder or obstruct in any way the commissioner of weights and measures, his assistant, deputy, or inspectors, or any county or city sealer or deputy sealer of weights and measures, in the performance of his official duty, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than two hundred dollars, or by imprisonment in the county jail for not less than three months, or by both such fine and imprisonment.(1915, c. 16, §21; Code 1923, c. 59, §21.)

§23. Impersonation of Officers.—Any person who shall impersonate in any way the commissioner of weights and measures, his assistant, deputy, or inspectors, or any county or city sealer or deputy sealer of weights and measures, by the use of his seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.(1915, c. 16, §22; Code 1923, c. 59, §22.)

§24. Labeling Packages with Quantity; “Package” Defined.—It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package, in terms of weights, measures, or numerical count: Provided, however, That reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by the commissioner of weights and measures: And provided further, That this section shall not be construed to apply to medicinal articles and to those commodities in packages the manner of sale of which is specifically regulated by the provisions of other sections of this article. The word “package” as used in this section shall be construed to include the package, carton, case, basket, can, box, barrel, half barrel, hamper, keg, drum, jug, jar, crock, bag, pail, wrap ping parcel, package, bottle, phial, or other receptacle put up by the manufacturer; or, when put up prior to the order of the commodity, by the vendor; which may be labeled, branded, stenciled or otherwise marked, or which may be suitable for labeling, branding, stenciling, or marking otherwise, making one complete pack age of the commodity. The word “package” shall be construed to include both the wholesale and the retail package: Provided, That a box or carton used for shipping purposes containing a number of similar packages which are individually marked, as hereinbefore provided, will not be required to bear the weight or measure of contents.(1915, c. 16, §23; 1919, c. 53, §23; Code 1923, c. 59, §23.)

§25. Butter.—It shall be unlawful for any person to sell or offer for sale any butter, renovated or process butter, or oleomargarine in any other manner than by weight. Whenever such butter, renovated or process butter, or oleomargarine, is sold, offered or exposed for sale in the form of prints, bricks or rolls, each print, brick or roll shall bear a definite, plain and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise, on the outside wrapper of such print, brick or roll. When such statement is made part of the printed matter on the label, wrapper or carton of any such print, brick or roll, the statement as to net weight shall be in gothic type not less than one-quarter of an inch square. The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer; or, when put up prior to the order of the commodity, by the vendor: Provided, however, That this section shall not apply to farmers who manufacture and sell their own butter.(1915, c. 16, §24; 1919, c. 53, §24; Code 1923, c. 59, §24.)

§26. Bottles for Milk or Cream.—Bottles used for the sale of milk or cream shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill, when filled within one-fourth of an inch of the cap seat or stopple in the case of those bottles having an inside diameter immediately below the cap seat or stopple of over two inches. The following variations on individual bottles or jars may be allowed, but the average contents of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error more than one-quarter of these tolerances: Six drams above and six drams below on the half gallon; five drams above and five drams below on the three pints; four drams above and four drams below on the quart; three drams above and three drams below on the pint; two drams above and two drams below on the gill. Bottles or jars used for the sale of milk or eream shall have clearly blown, or otherwise permanently marked, in the side of the bottle, the capacity of the bottle and the word “sealed”; and in the side or bottom of the bottle the name, initial, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the state commissioner of weights and measures upon application by the manufacturer, and upon the filing by the manufacturer of a bond in the sum of one thousand dollars, with sureties to be approved by the attorney general, conditioned upon his conformance with the requirements of this section. A record of the bonds furnished, and the designating numbers and to whom furnished, shall be kept in the office of the eommissioner of weights and measures.

Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings with the provisions of this section shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in an action against the offender’s bondsmen to be brought in the name of the State of West Virginia. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles that do not comply with the requirements of this section as to markings and capacity, shall be deemed guilty of using a false and insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but they shall have the power to, and shall from time to time, make tests on individual bottles used by various dealers in the territory over which they have jurisdiction in order to ascertain if the above provisions are being complied with, and they shall immediately report violations found to the state commissioner of weights and measures.(1915, c. 16, §25; 1919, c. 53, §25; Code 1923, c. 59, §25.)

§27. Bushel and Its Subdivisions.—A bushel, half bushel, peck, half peck, quarter peck, quart and pint of the respective articles hereinafter mentioned, except when sold in baskets or containers as provided in sections thirty-two and thirty-three of this article, shall be the amount of weight, avoirdupois, as shown by the following table:

(1915, c. 16, §27; 1919, c. 53, §27; Code 1923, c. 59, §27; 1923, c. 45, §27.)

§28. Ton.—A ton shall contain two thousand pounds.(1919, c. 53, §27; Code 1923, c. 59, §27; 1923, c. 45, §27.)

§29. Barrel of Flour.—One barrel of flour shall contain one hundred and ninety-six pounds, one-half barrel ninety-eight pounds, one-quarter barrel forty-nine pounds, one eighth barrel twenty-four and one-half pounds, and one-sixteenth barrel twelve and one-quarter pounds, net weight.(1915, c. 16, §27; 1919, c. 53, §27; Code 1923, c. 59, §27; 1923, c. 45, §27.)

§30. Standard Lime Barrel.—There is hereby established a large and a small barrel of lime, the large barrel to consist of two hundred and eighty pounds and the small barrel to consist of one hundred and eighty pounds, net weight.(1915, c. 16, §27; 1919, c. 53, §27; Code 1923, c. 59, §27; 1923, c. 45, §27.)

§31. Standard Barrel for Fruits and Other Dry Commodities; for Cranberries.—The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured with out distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided, That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one-half inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch.(1915, c. 16, $26; 1919, c. 53, §27; Code 1923, c. 59, §§26, 27; 1923, c. 45, §27.)

§32. Standards for Climax Baskets.—Standards for Climax baskets for grapes and other fruits and vegetables shall be the two-quart basket, four-quart basket, and twelve-quart basket, respectively:

(a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, three and seven-eighths inches, outside measurement; top of basket, length eleven inches and width five inches, outside measurement. Basket to have a cover five by eleven inches, when a cover is used;

(b) The standard four-quart Climax basket shall be of the following dimensions: Length of bottom piece, twelve inches; width of bottom piece, four and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, four and eleven-sixteenths inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inches, outside measurement. Basket to have cover six and one fourth inches by fourteen inches, when cover is used;

(c) The standard twelve-quart Climax basket shall be of the following dimensions: Length of bottom piece, sixteen inches; width of bottom piece, six and one-half inches; thickness of bottom piece, seven-sixteenths of an inch; height of basket, seven and one-sixteenth inches, outside measurement; top of basket, length nineteen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used.

§33. Standard Container for Small Fruits and Vegetables.—The standard basket or other container for small fruits, berries, and vegetables shall be of the following capacities, namely, dry one-half pint, dry pint, dry quart, or multiples of the dry quart:

(a) The dry half pint shall contain sixteen and eight-tenths cubic inches;

(b) The dry pint shall contain thirty-three and six-tenths cubic inches;

(c) The dry quart shall contain sixty-seven and two-tenths cubic inches.

§34. Sale to be by Net Weight.—Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this article, it shall be understood and construed to mean the net weight of the commodity.(1915, c. 16, §28; Code 1923, c. 59, §28.)

§35. Measurement of Logs, Lumber and Timber.—“Doyle and Scribner’s combined rules” for the measurement of logs, lumber and timber of all kinds is hereby established as the lawful rule in this State for the measurement of all kinds of lumber, logs and timber, unless some other rule be agreed to.(1883, c. 66, §1; 1919, c. 53, §32; Code 1923,. c. 59, §31.)

§36. Offenses; Penalties.—Any person who, by himself or by his servant or agent, or as the servant or agent of another person, shall knowingly offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or reward, or retain in his possession, a false weight or measure or weighing or measuring device which has not been sealed by a sealer or deputy sealer of weights and measures within one year, or shall dispose of any measure or weighing or measuring device contrary to law, or remove any tag placed thereon by a sealer, or deputy sealer of weights and measures; or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when, as the buyer, he furnishes the weights, measures, or weighing device by means of which the amount of commodity is determined; or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using, any device or instrument to be used to or calculated to falsify any weights or measures; or who shall violate any provision of this article for which a specific penalty has not been provided, shall be guilty of a misdemeanor, and, upon a first conviction, shall be fined not less than ten nor more than one hundred dollars, or imprisoned for not more than sixty days, or both fined and imprisoned; and upon a second or subsequent conviction, he shall be fined not less than ten nor more than five hundred dollars, or imprisoned in the county jail for not more than sixty days, or both fined and imprisoned.(1915, c. 16, §29; Code 1923, c. 59, §29.)

§37. Jurisdiction of Justices.—Justices of the peace shall have jurisdiction to try and determine all offenses committed by way of violation of the provisions of this article except where the offense arises by virtue of section twenty-two or section twenty-three of this article or the party is charged with a second or subsequent offense.(1919, c. 53, §30; Code 1923, c. 59, §32.)

§1. Who May Register Trade-mark.—Whenever any person, firm or corporation, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark, term, design, device or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise or other product of labor, as having been made, manufactured, produced, prepared, packed or put on sale, by such person, firm, corporation or association or union of workingmen, or by a member or members of such association or union, such person, firm, corporation, or association or union of workingmen may register the same as provided in the following section.(1901, c. 5, §1; Code 1923, c. 62E, §1.)

§2. Registration; Certificates of Recordation.—Every such person, firm, corporation, association or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device or form of advertisement as provided in the preceding section may register the same by filing the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with said secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on whose be half such label, trade-mark, term, design, device or form of advertisement shall be filed, the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark, term, de sign, device or form of advertisement shall be filed, has the right to the use of the same, that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. The secretary of state shall deliver to such person, firm, corporation, association, or union, so filing or causing to be filed any such label, trade-mark, term, design, device or form of advertisement, so many duly attested certificates of the recording of the same as such person, firm, corporation, as sociation or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificates of record shall in all suits and prosecutions under this article be sufficient proof of the adoption and registry of such label, trade-mark, term, design, device or form of advertisement. The secretary of state shall not record for any person, firm, corporation, union or association, any label, trade-mark, term, design, device or form of advertisement, that would probably be mistaken for any label, trade mark, term, design, device or form of advertise ment theretofore filed by or on behalf of any other person, firm, corporation, union or association.(1901, c. 5, §3; Code 1923, c. 62E, §3.)

§3. Penalty for Counterfeiting, Imitating or Improper Use.—Whoever knowingly counterfeits or imitates any such registered label, trade-mark, term, design, device or form of advertisement; or knowingly sells, or offers for sale, or in any way utters or circulates any counterfeit orimitation of any such registered label, trade-mark, term, design, device or form of advertisement; or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or knowingly keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, stamped or impressed, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than five hundred dollars or imprisoned for not more than three months, or both fined and imprisoned.(1901, c. 5, §2; Code 1923, c. 62E, §2.)

§4. Fraudulent Procurement of Filing; Civil Liability; Penalty.—Any person who shall for himself, or on behalf of any other person, or any firm, corporation, association or union, procure the filing of any such label, trade-mark, term, design or form of advertisement, in the office of the secretary of state under the provisions of this article, by making any known false or fraudulent representation or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby in any court having jurisdiction, and shall be guilty of a misdemeanor, and, upon conviction thereof, fined not exceeding five hundred dollars or imprisoned not exceeding three months, or both fined and imprisoned.(1901, c. 5, §4; Code 1923, c. 62E, §4.)

§5. Remedies for Unlawful Use.—Every such person, firm, corporation, association or union so adopting or using and registering any such label, trade-mark, term, design, device or form of advertisement as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof; and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in any such suit damages resulting from such manufacture, use, sale, or display, as such court may deem just and reasonable, and shall require the defendant to pay such person, association or union all profits derived from such wrongful manufacture, use, sale or display; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed.(1901, c. 5, §5; Code 1923, c. 62E, §5.)

§6. Criminal Liability for Improper Use of Genuine Label, Etc.—Every person who, and every firm, corporation, association or union which, shall knowingly use or display, in any manner, the genuine label, trade-mark, term, de sign, device or form of advertisement of any such person, firm, corporation, association or union, when registered as aforesaid, not being authorized so to do by such person, firm, corporation, association or union, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than five hundred dollars or imprisoned for not more than three months.(1901, c. 5, §6; Code 1923, c. 62E, §6.)

§7. Unlawful Use of Name or Seal; Penalty.—Any person who, and any firm, corporation, association or union which, shall in any way knowingly use the name or seal of any such person, firm, corporation, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized so to use the same, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than five hundred dollars or imprisoned for not more than three months.(1901, c. 5, §7; Code 1923, c. 62E, §7.)

§8. How Unincorporated Association or Union May Sue.—In all cases where such association or union is not incorporated, suits under this article may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use of such association or union.(1901, c. 5, §6; Code 1923, c. 62E, §6.)

§9. Application of Existing Law.—Nothing contained in this article shall be construed as affecting or impairing any right or remedy at law or in equity for the protection of any label, trade-mark, term, design, device or form of advertisement, whether or not the same is registered under the provisions hereof.(1901, c. 5, §8; Code 1923, c. 62E, §8.)

§1. Definition of “Bottler”; May Adopt Trade-mark.—Any person, firm or corporation, manufacturing, producing, selling or dealing in milk, cream, buttermilk, mineral waters or other liquids, in bottles, and selling the contents, but not selling the bottles, shall be called and known as “bottler,” and as such may adopt a trade mark in the manner and with effect hereinafter provided.(1897, c. 15, §1; 1915, c. 49, §1; Code 1923, c. 62E, §17.)

§2. Manner of Adoption of Such Trade-mark.—Every such bottler desiring to adopt a trade-mark may do so by the execution of a writing in form or effect as follows:

Notice is hereby given that I (or we, etc., as the case may be,) have adopted the following trade-mark to be used in my (or our, etc.,) business as a bottler, to-wit: (Here insert the words, letters, figures, etc., constituting the trade-mark, or if it be any device other than words, letters or figures, etc., insert a facsimile thereof.) Dated this .... day of . .. ., 19..........(signed) A ... . B........

Such writing shall be acknowledged or proved for record in the same manner as deeds are acknowledged or proved for record, and shall be recorded in the office of the clerk of the county court of the county where the principal office or place of business of such bottler may be, and also in the office of the secretary of state, and a copy thereof shall be published at least once in each week for four successive weeks in some newspaper printed in such county, or if there be no such paper printed therein, then in some newspaper of general circulation in such county.(1897, c. 15, §2; 1915, c. 49, §2; Code 1923, c. 62E, §18.)

§3. Infringement of Such Trade-mark; Injunction.—Every trade-mark so adopted shall, from the date thereof, be the exclusive property of the person, firm or corporation adopting the same, and any other person, firm or corporation knowingly using, or attempting to use, such trade-mark without the written consent of the proprietor thereof shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than twenty nor more than two hundred dollars for each offense and shall moreover be liable to the proprietor by reason of such use of such trade-mark; and such use, or attempt to use, shall be restrained by a writ of injunction, which shall be granted and awarded upon the application of the proprietor of such trade-mark by any court of chancery having competent jurisdiction.(1897, c. 15, §3; 1915, c. 49, §3; Code 1923, c. 62E, §19.)

§4. Unlawful Use of Marked Bottles by Others.—It is hereby declared to be a misdemeanor for any person, firm, or corporation, without the permission of the proprietor of such trade-mark, to refill with milk, cream, buttermilk, mineral waters, or other liquids, any such bottles so marked, or to sell or use any such bottles so marked, or to have in his or its possession for the purpose of buying, selling or using for bottling milk, cream, buttermilk, mineral waters, or other liquids, any bottles so marked. And upon conviction thereof, the offender shall be fined not exceeding one hundred dollars, and may in the discretion of the court be sentenced to confinement in the county jail for a term not exceeding thirty days. And if it be alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he has been before sentenced in this State for a like offense, he shall be sentenced to be confined in the county jail for a term not exceeding one year.(1897, c. 15, §5; 1915, c. 49, §4; Code 1923, c. 62E, §20.)

§5. Evidence in Prosecutions.—In any legal proceeding, civil or criminal, before any court or justice of the peace, the fact that such trade-mark is stamped, impressed, blown or otherwise wrought in any such bottle, shall be prima facie proof that such bottle is the property of the pro prietor of such trade-mark. In any prosecution for a violation of any provision of this article, the fact that the defendant filled with milk, cream, buttermilk, mineral waters, or other liquids, or sold or disposed of, or bought, or trafficked in, any such bottles so marked, without the permission of the proprietor of such trade-mark, shall be prima facie proof that he did so unlawfully.(1897, c. 15, §§5, 6; 1915, c. 49, §§5, 6; Code 1923, c. 62E, §21.)

§6. Searches and Seizures.—The proprietor of any such trade-mark, or any agent of such proprietor, having reason to believe that any such bottle so marked is hidden, secreted, or unlawfully held by any person at any place in this State, may go before any justice of the peace of the county and make oath that he has reason to believe that certain bottles, bearing certain trade-marks, are unlawfully hidden, secreted, or held at a certain place, naming the place, by a certain person, naming the person, if the name be known, and describing the trade-mark, whereupon it shall be the duty of the justice before whom such oath is made to issue a search warrant directed to any constable or other proper officer, to search the place where such bottles are alleged to be, and if upon such search any such bottles shall be found, to take possession of the same, and to bring the person, or persons, in whose control or possession any such trade-marked bottles may be found, before such justice to be dealt with according to law. And all such bottles so found shall be delivered by the officer to the proprietor of the trade-mark on them: Provided, That none of the foregoing sections shall be construed to affect the right of any dealer to continue to use any bottles upon which there is no mark, or into which no mark has been blown, which he may now have in his possession.(1897, c. 15, §8; 1915, c. 49, §7; Code 1923, c. 62E, §22.)

§1. Definition of “Timber Dealer’’; May Adopt Brand.—Any person. firm or corporation dealing in timber in any form shall be called and known as “timber dealer,” and as such may adopt a brand in the manner and with the effect hereinafter provided.(1882, c. 119, §1; Code 1923, c. 62E, §9.)

§2. Manner of Adoption of Such Brand.—Every such dealer desiring to adopt a brand may do so by the execution of a writing in form or effect as follows:

Notice is hereby given that I (or we, etc., as the case may be) have adopted the following brand to be used in my (or our, etc.) business as timber dealer (or dealers), to-wit: (Here insert the words, letters, figures, etc., constituting the brand, or if it be any device other than words, letters or figures, insert a facsimile thereof). Dated this .... day of ...., nineteen ....... A.... B........

Such writing shall be acknowledged or proved for record in the same manner as deeds are acknowledged or proved, and shall be recorded in the office of the clerk of the county court of the county in which the principal office or place of business of such timber dealer may be, and also in the office of the secretary of state, and a copy thereof shall be published at least once in each week for four successive weeks in some newspaper printed in such county, or if there be no such paper printed therein, then in some newspaper of general circulation in such county.(1882, c. 119, §2; Code 1923, c. 62E, §10.)

§3. Infringement; Penalty; Damages.—Every brand so adopted shall from the date there of be the exclusive property of the person, firm or corporation adopting the same, and any other person, firm or corporation knowingly using or attempting to use such brand, without the written consent of the proprietor thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than twenty nor more than two hundred dollars for each offense, and shall moreover be liable to the proprietor of such brand for all the damages sustained by such proprietor by reason of such use of said brand.(1882, c. 119, §3; Code 1923, c. 62E, §11.)

§4. Injury or Defacement; Penalty; Damages.—The proprietor of such brand shall, in using the same, cause it to be plainly stamped, branded or otherwise impressed upon each piece of timber upon which the same is placed, and any person who shall intentionally, and without lawful authority, remove, deface or destroy such brand shall be guilty of a misdemeanor and subject to all the penalties and liable to the same damages as are provided for in the next preceding section.(1882, c. 119, §4; Code 1923, c. 62E, §12.)

§5. Improper Dealing With Branded Timber; Penalty.—If any person knowingly and un lawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which such brand is stamped, branded or otherwise impressed as aforesaid, or if any per son shall knowingly and unlawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which such brand has been intentionally and without lawful authority removed, defaced or destroyed as afore said, he shall be deemed guilty of larceny there of, and punished as in other eases of larceny, and if the value of such timber be twenty dollars, or more, he shall be guilty of grand larceny; and if any person shall intentionally put any such timber in such a position or place so remote from the stream from which it was taken, or on which it was afloat, as to render it inconvenient or un necessarily expensive to replace the same in such stream, he shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than twenty dollars.(1882, e. 119, §5; 1891, c. 124, §5; Code 1923, c. 62E, §13.)

§6. Purchaser Branding Timber Deemed Owner.—When timber is purchased by the proprietor of any such brand and such brand is placed thereon as hereinbefore provided, such timber shall thenceforth be deemed the property of such purchaser, without any other or further delivery thereof, and such timber shall thereafter be at the risk of the purchaser, unless otherwise provided by contract in writing between the parties.(1882, c. 119, §6; Code 1923, c. 62E, §14.)

§7. Brand as Evidence of Ownership; False Use.—In any action, suit or contest in which the title to any timber upon which any such brand has been placed as aforesaid shall come in ques tion, it shall be presumed that such timber was the property of the proprietor of such brand, in the absence of satisfactory proof to the contrary; and any person who shall falsely or fraudulently place any brand on timber not the property of the proprietor thereof, shall be guilty of a misde meanor, and, upon conviction thereof, fined not less than one hundred nor more than five hun dred dollars and imprisoned not less than one nor more than twelve months for each and every such offense.(1882, c. 119, §8; Code 1923, c. 62E, §16.)

§1. Persons Who May Issue Receipts.—Warehouse receipts may be issued by any warehouseman.(1917, c. 8, §1; Code 1923, c. 62F, §1.)

§2. Form of Receipt; Essential Terms; Liability for Omission.—Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms:

(a) The location of the warehouse where the goods are stored;

(b) The date of issue of the reeeipt;

(c) The consecutive number of the receipt;

(d) A statement whether the goods received will be delivered to the bearer, to a speeified person, or to a speeified person or his order;

(e) The rate of storage charges;

(f) A description of the goods or of the packages containing them;

(g) The signature of the warehouseman, which may be made by his authorized agent;

(h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership; and

(i) A statement of the amount of advanees made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is suffieient. A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required.(1917, c. 8, §2; Code 1923, c. 62F, §2.)

§3. What Other Terms May be Inserted.—A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not:

(a) Be contrary to the provisions of this article;

(b) In any wise impair his obligation to exercise that degree of care in the safe-keeping of the goods intrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.(1917, c. 8, §3; Code 1923, c. 62F, §3.)

§4. Definition of Nonnegotiable Receipt.—A receipt in which it is stated that the goods will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt.(1917, c. 8, §4; Code 1923, c. 62F, §4.)

§5. Definition of Negotiable Receipt.—A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt, is a negotiable receipt. No provision shall be inserted in a negotiable receipt that it is nonnegotiable. Such provision, if inserted, shall be void.(1917, c. 8, §5; Code 1923, c. 62F, §5.)

§6. Duplicate Receipts; Marking.—When more than one negotiable receipt is issued for the same goods, the word “duplicate” shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who purchased the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt.(1917, c. 8, §6; Code 1923, c. 62F, §6.)

§7. Nonnegotiable Receipt Must be so Marked.—A nonnegotiable receipt shall have plainly placed upon its face by the warehouseman issuing it “nonnegotiable,” or “not negotiable.” In case of the warehouseman’s failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable. This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character.(1917, c. 8, §7; Code 1923, c. 62F, §7.)

§8. Obligation of Warehouseman to Deliver.—A warehouseman, in the absence of some lawful excuse provided by this article, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with:

(a) An offer to satisfy the warehouseman’s lien;

(b) An offer to surrender the receipt if negotiable, with such indorsements as would be necessary for the negotiation of the receipt; and

(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman. In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal.(1917, c. 8, §8; Code 1923, c. 62F, §8.)

§9. To Whom Delivery May be Made.—A warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who is:

(a) The person lawfully entitled to the possession of the goods, or his agent;

(b) A person who is either himself entitled to delivery by the terms of a nonnegotiable receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper; or

(c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been indorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorsee.(1917, c. 8, §9; Code 1923, c. 62F, §9.)

§10. Warehouseman’s Liability for Misdelivery.—Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section and though he delivered the goods as authorized by said subdivisions he shall be so liable, if prior to such delivery he had either:

(a) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery; or

(b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.(1917, c. 8, §10; Code 1923, c. 62F, §10.)

§11. Negotiable Receipts Must be Canceled When Goods Delivered.—Except as provided in section thirty-six of this article, where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.(1917, c. 8, §11; Code 1923, c. 62F, §11.)

§12. Partial Delivery of Goods.—Except as provided in section thirty-six of this article, where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman.(1917, c. 8, §12; Code 1923, c. 62F, §12.)

§13. Altered Receipts.—The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was:

(a) Immaterial;

(b) Authorized; or

(c) Made without fraudulent intent.

If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman shall be liable according to the terms of the receipt, as they were before alteration.

Material and fraudulent alteration of a receipt shall not excuse the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but shall excuse him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser of the receipt for value without notice of the alteration shall acquire the same rights against the warehouseman which such purchaser would have acquired if the receipt had not been altered at the time of the purchase.(1917, c. 8, §13; Code 1923, c. 62F, §13.)

§14. Lost or Destroyed Receipts.—Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any liability or expense, which he or any person injured by such delivery may incur by reason of the original receipt remaining outstanding. The court may also in its discretion order the payment of the warehouseman’s reasonable costs and counsel fees.

The delivery of the goods under an order of the court, as provided in this section, shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.(1917, c. 8, §14; Code 1923, c. 62F, §14.)

§15. Effect of Duplicate Receipts.—A receipt upon the face of which the word “duplicate” is plainly placed is a representation and warranty by the warehouseman that such receipt is an accurate copy of an original receipt properly issued and uncanceled at the date of the issue of the duplicate, but shall impose upon him no other liability.(1917, c. 8, §15; Code 1923, c. 62F, §15.)

§16. Warehouseman Cannot Set Up Title in Himself.—No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman’s lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of receipt.(1917, c. 8, §16; Code 1923, c. 62F, §16.)

§17. Interpleader of Adverse Claimants.—If more than one person claims the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for non-delivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead.(1917, c. 8, §17; Code 1923, c. 62F, §17.)

§18. Reasonable Time to Determine Validity of Adverse Claims.—If some one other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of such claim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.(1917, c. 8, §18; Code 1923, c. 62F, §18.)

§19. Adverse Title no Defense Except as Above Provided.—Except as provided in the two preceding sections and in section nine and thirty-six of this article, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt.(1917, c. 8, §19; Code 1923, c. 62F, §19.)

§20. Liability for Nonexistence or Misdescription of Goods.—A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that the packages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.(1917, c. 8, §20; Code 1923, c. 62F, §20.)

§21. Liability for Negligence.—A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care.(1917, c. 8, §21; Code 1923, c. 62F, §21.)

§22. Keeping Goods Separate.—Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and re-delivery of the goods deposited.(1917, c. 8, §22; Code 1923, c. 62F, §22.)

§23. Mingling of Goods.—If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole.(1917, c. 8, §23; Code 1923, c. 62F, §23.)

§24. Several Liability to Depositors of Commingled Goods.—The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate.(1917, c. 8, §24; Code 1923, c. 62F, §24.)

§25. Attachment or Levy Upon Goods.—If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they can not thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court.(1917, c. 8, §25; Code 1923, c. 62F, §25.)

§26. Remedies of Creditors.—A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and other wise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which can not readily be attached or levied upon by ordinary legal process.(1917, c. 8, §26; Code 1923, c. 62F, §26.)

§27. Claims Included in Warehouseman’s Lien.—Subject to the provisions of section thirty of this article, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman’s lien.(1917, c. 8, §27; Code 1923, c. 62F, §27.)

§28. Against What Property Lien May be Enforced.—Subject to the provisions of section thirty of this article a warehouseman’s lien may be enforced:

(a) Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claim in regard to which the lien is asserted; and

(b) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted if such person had been so intrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have beeen valid.(1917, c. 8, §28; Code 1923, c. 62F, §28.)

§29. How Lien May be Lost.—A warehouseman loses his lien upon goods:

(a) By surrendering possession thereof; or

(b) By refusing to deliver the goods when a demand is made with which he is bound to comply under the provisions of this article.(1917, c. 8, §29; Code 1923, c. 62F, §29.)

§30. Negotiable Receipt Must State Charges for Which Lien is Claimed.—If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed. In such case there shall be a lien for the charges enumerated so far as they are within the terms of sec tion twenty-seven of this article, although the amount of the charges so enumerated is not stated in the receipt.(1917, c. 8, §30; Code 1923, c. 62F, §30.)

§31. Warehouseman Need Not Deliver Until Lien Satisfied.—A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied.(1917, c. 8, §31; Code 1923, c. 62F, §31.)

§32. Warehouseman's Lien Does Not Preclude Other Remedies.—Whether a warehouse man has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay.(1917, c. 8, §32; Code 1923, c. 62F, §32.)

§33. Satisfaction of Lien by Sale.—A warehouseman’s lien for a claim which has become due may be satisfied as follows:

The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the warehouseman to claim an interest in the goods. Such notice shall be given by delivery in person or by registered letter addressed to the last known place of business or abode of the person to be notified. The notice shall contain:

(a) An itemized statement of the warehouseman’s claim, showing the sum due at the time of the notice and the date or dates when it be came due;

(b) A brief description of the goods against which the lien exists;

(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and

(d) A statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place.

In accordance with the terms of a notice so given, a sale of the goods by auction may be had to satisfy any valid claim of the warehouseman for which he has a lien on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein. From the proceeds of such sale the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods. At any time before the goods are so sold any person claiming a right of property or possession therein may pay the warehouseman the amount neeessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The warehouseman shall deliver the goods to the person making such payment if he is a person entitled, under the provisions of this article, to the possession of the goods on payment of charges thereon. Otherwise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit.(1917, c. 8, §33; Code 1923, c. 62F, §33.)

§34. Perishable and Hazardous Goods.—If goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability, or explosive nature, will be liable to injure other property, the warehouse man may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circumstances, to satisfy the lien upon such goods, and to remove them from the warehouse, and in the event of the failure of such person to satisfy the lien and to remove the goods within the time so specified, the warehouseman may sell the goods at public or private sale without advertising. If the warehouseman after a reasonable effort is unable to sell such goods, he may dispose of them in any lawful manner, and shall incur no liability by reason thereof. The proceeds of any sale made under the terms of this section shall be disposed of in the same way as the proceeds of sales made under the terms of the preceding section.(1917, c. 8, §34; Code 1923, c. 62F, §34.)

§35. Other Methods of Enforcing Liens.—The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman’s claim as shall not be paid by the proceeds of the sale of the property.(1917, c. 8, §35; Code 1923, c. 62F, §35.)

§36. Effect of Sale.—After goods have been lawfully sold to satisfy a warehouseman’s lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods when they were deposited, even if such receipt be negotiable.(1917, c. 8, §36; Code 1923, c. 62F, §36.)

§37. Negotiation of Negotiable Receipt by Delivery.—A negotiable receipt may be negotiated by delivery:

(a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer; or

(b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer.

Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the indorsement of such indorsee.(1917, c. 8, §37; Code 1923, c. 62F, §37.)

§38. Negotiation of Negotiable Receipts by Indorsement.—A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer, or to another specified person. Subsequent negotiation may be made in like manner.(1917, c. 8, §38; Code 1923, c. 62F, §38.)

§39. Transfer of Receipts.—A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A nonnegotiable receipt can not be negotiated, and the indorsement of such a receipt gives the transferee no additional right.(1917, c. 8, §39; Code 1923, c. 62F, §39.)

§40. Who May Negotiate Receipt.—A negotiable receipt may be negotiated:

(a) By the owner thereof; or

(b) By any person to whom the possession or custody of the receipt has been intrusted by the owner, if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of the person to whom the possession or custody of the receipt has been intrusted, or if at the time of such intrusting the receipt is in such form that it may be negotiated by delivery.(1917, c. 8, §40; Code 1923, c. 62F, §40.)

§41. Rights of Person to Whom Receipt Negotiated.—A person to whom a negotiable receipt has been duly negotiated acquires thereby:

(a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value; and

(b) The direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him.(1917, c. 8, §41; Code 1923, c. 62F, §41.)

§42. Rights of Person to Whom Receipt Transferred.—A person to whom a receipt has been transferred, but not negotiated, acquires thereby, as against the transferor, the title of the goods, subject to the terms of any agreement with the transferor. If the receipt is nonnegotiable such person also acquires the right to notify the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt. Prior to the notification of the warehouseman by the transferor or transferee of a nonnegotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to the warehouseman by the trans feror or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.(1917, c. 8, §42; Code 1923, c. 62F, §42.)

§43. Transfer of Negotiable Receipt With out Indorsement.—Where a negotiable receipt is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the receipt unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.(1917, c. 8, §43; Code 1923, c. 62F, §43.)

§44. Warranties on Sale of Receipt.—A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants:

(a) That the receipt is genuine;

(b) That he has a legal right to negotiate or transfer it;

(c) That he has knowledge of no fact which would impair the validity or worth of the receipt; and

(d) That he has a right to transfer the title to the goods and that the goods are merchant able or fit, or a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented there by.(1917, c. 8, §44; Code 1923, c. 62F, §44.)

§45. Indorser Not a Guarantor.—The indorsement of a receipt shall not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfill their respective obligations.(1917, c. 8, §45; Code 1923, c. 62F, §45.)

§46. No Warranty Implied From Accepting Payment of a Debt.—A mortgagee, pledgee or holder for security of a receipt who in good faith demands or receives payment of the 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.(1917, c. 8, §46; Code 1923, c. 62F, §46.)

§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 intrust the possession or custody of the receipt to such person, if the person to whom the receipt was negotiated, or a person to whom the receipt was subsequently negotiated, paid value therefor, without notice of the breach of duty, or fraud, mistake or duress.(1917, c. 8, §47; Code 1923, c. 62F, §47.)

§48. Bona Fide Transferee of Possesser of Receipt After Prior Sale, Pledge or Transfer.—Where 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 other 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.(1917, c. 8, §48; Code 1923, c. 62F, §48.)

§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 justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation.(1917, c. 8, §49; Code 1923, c. 62F, §49.)

§50. Issue of Receipt for Goods Not Received; Penalty.—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 imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.(1917, c. 8, §50; Code 1923, c. 62F, §50.)

§51. Issue of Receipt Containing False Statement; Penalty.—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 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.(1917, c. 8, §51; Code 1923, c. 62F, §51.)

§52. Issue of Duplicate Receipt Not so Marked; Penalty.—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, 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 fourteen of this article, 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.(1917, c. 8, §52; Code 1923, c. 62F, §52.)

§53. Issue for Warehouseman’s Goods of Receipts Which do Not State That Fact; Penalty.—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.(1917, c. 8, §53; Code 1923, c. 62F, §53.)

§54. Delivery of Goods Without Obtaining Negotiable Receipt; Penalty.—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 the cases provided for in sections fourteen and thirty-six of this article, be guilty of a crime, and upon conviction shall be punished for each of fense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.(1917, c. 8, §54; Code 1923, c. 62F, §54)

§55. Fraudulent Deposit of, and Negotiation of Receipt for, Goods Encumbered or Not Owned; Penalty.—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 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.(1917, c. 8, §55; Code 1923, c. 62F, §55.)

§56. Cases Not Provided for in This Article.—In any case not provided for in this article, 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.(1917, c. 8, §56; Code 1923, c. 62F, §56.)

§57. Interpretation of Article.—This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.(1917, c. 8, §57; Code 1923, c. 62F, §57.)

§58. Definitions.—In this article, 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 partner ship of 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 preexisting 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;

A thing is done “in good faith” within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not.(1917, c. 8, §58; Code 1923, c. 62F, §58.)

§1. Money of Account.—The money of account of this State shall be the dollar, cent and mill. All accounts by public officers shall be so kept.(Gode 1849, c. 141, §1; Code 1860, c. 141, §1; Code 1868, c. 96, §1; Code 1923, c. 96, §1.)

§2. Writing, Account or Entry Valid Although Sum Expressed in Other Money.—No writing shall be invalid, nor the force of any account or entry be impaired, because a sum of money is expressed therein otherwise than in such money of account.(Code 1849, c. 141, §2; Code 1860, c. 141, §2; Code 1868, c. 96, §2; Code 1923, c. 96, §2.)

§3. Ascertainment of Value of Foreign Currency.—In any suit for a sum of money expressed in any foreign currency, or otherwise than in the money of account of this State, the jury, if there be one impaneled for any other purpose, and if not, the court, shall ascertain the value in such money of account of the sum so expressed, making such allowance for the difference of exchange as shall be just; and the judgment or decree may either be for what may be so ascertained, or for the sum of money expressed as aforesaid to be discharged by the sum so ascertained.(Code 1849, c. 141, §3; Code 1860, c. 141, §3; Code 1868, c. 96, §3; Code 1923, c. 96, §3.)

§4. Silver Coin as Legal Tender.—The silver coin issued by the government of the United States shall be a legal tender for the payment of all debts heretofore or hereafter contracted by the citizens of this State, and the same shall be received in payment of all debts due to the citizens of this State, and in satisfaction of all taxes levied by the authority of the laws of this State.(1877, c. 17, §1; Code 1923, c. 96, §3a.)

§5. Legal Rate of Interest.—Except in cases where it is otherwise specially provided by law, legal interest shall continue to be at the rate of dollars upon one hundred dollars for a year, and proportionately for a greater or less sum, or for a longer or shorter time, and no person, upon any contract shall take for the loan or forbearance of money, or other thing, above the value of such rate: Provided, That a charge of one dollar may be made for any loan or forbearance of money or other thing, where the interest at the rate aforesaid would not amount to that sum, and the same shall not be a usurious charge or rate of interest.(Code 1849, c. 141, §4; Code 1860, c. 141, §4; Code 1868, c. 96, §4; 1917, c. 55, §4; Code 1923, c. 96, §4.)

§6. Usury.—All contracts and assurances made directly or indirectly for the loan or forbearance of money or other thing at a greater rate of interest than six per cent, except where such greater rate is specially allowed by law, shall be void as to any excess of interest agreed to be paid above that rate, and no further except where otherwise specially provided by law.(Code 1849, c. 141, §5; Code 1860, c. 141, §5; Code 1868, c. 96, §5; Code 1923, c. 96, §5.)

§7. Pleadings; Evidence; Issues; Trial.—Any defendant may plead in general terms that the contract or assurance on which the action is brought was for the payment of interest at a greater rate than is allowed by law, to which plea the plaintiff shall reply generally, but may give in evidence upon the issue made up thereon any matter which could be given in evidence under a special replication. Under the plea aforesaid, the defendant may give in evidence any fact showing, or tending to show, that the contract, or assurance, or other writing upon which the action was brought, was for an usurious con sideration. Upon such plea the court shall direct a special issue to try and ascertain: (a) Whether or not the contract, assurance or other writing is usurious; (b) if usurious, to what extent; (c) whether or not interest has been paid on such contract, assurance or other writing, above the legal rate, and if so, to what extent; (d) if a verdict be found for the defendant upon the plea of usury, a judgment shall be rendered for the plaintiff for the principal sum due, with interest at the legal rate, and, if any interest has been paid above the legal rate, the excess over and above that rate shall be entered as a credit on the sum due; but if nothing be found due after applying all credits and all excesses of interest paid above the legal rate, judgment shall be entered for the defendant; and if the total of stich credits and interest paid exceed the principal sum due with legal interest thereon, the defendant shall have judgment for the difference. The provisions of this section shall not apply in any case where suit is brought on a contract, assurance or writing, and the defendant undertakes to show that the contract, assurance or writing is for the payment of interest at a rate which is prohibited hy the terms of the following article.(Code 1849, c. 141, §6; Code 1860, c. 141, §6; Code 1868, c. 96, §6; 1882, c. 104, §6; Code 1923, c. 96, §6.)

§8. Remedy in Equity; Injunction.—Any borrower of money or other thing may exhibit a bill in equity against the lender, and compel him to discover upon oath the money or thing really lent, and all bargains, contracts, or shifts relative to such loan, and the interest or consideration of the same; and, if it appear that more than lawful interest was reserved, the lender shall recover his principal money or other thing with six per cent interest only, but shall recover no costs. If property has been conveyed to secure the payment of the debt, and a sale thereof is about to be made, or is apprehended, an injunction may be awarded to prevent such sale pending the suit. But nothing in this section shall have the effect of permitting a recovery on any contract which is void under the provisions of the following article.(Code 1849, c. 141, §7; Code 1860, c. 141, §7; Code 1868, c. 96, §7; Code 1923, c. 96, §7.)

§9. Action or Suit to Recover Back Usurious Interest.—If an excess beyond the lawful interest be paid in any case for the loan or for bearance of money or other thing, the person paying the same may in a suit or action recover the full amount of such payment from the person with whom the contract was made or to whom the assurance was given; and it may be so recovered from such person notwithstanding the payment of the excess be made to his indorsee or assignee.

§10. Corporations Not Entitled to Defense of Usury.—No corporation shall interpose the defense of usury in any suit or proceeding at law or in chancery, nor shall any bond, note, debt, or contract of a corporation be set aside, impaired, or adjudged invalid by reason of anything contained in the laws prohibiting usury.(1855-6, c. 96, §1; Code 1860, c. 57, §38; 1863, c. 83, §63; Code 1868, c. 52, §22; Code 1923, c. 52, §22.)

§1. When License Necessary to Make Loan at Greater Rate Than Six Per Cent.—No person, firm or corporation shall engage in the business of making loans of money, credit, goods or things in action in the amount or to the value of three hundred dollars or less, and charge, contract for or receive a greater rate of interest than six per cent per annum therefor, except as authorized by this article, without first obtaining a license from the commissioner of banking hereinafter called the licensing official.(1925, c. 91, §1.)

§2. Application for License; Fee.—Application for such license shall be in writing and shall contain the full name and address, both of the residence and place of business, of the applicant, and if the applicant is a partnership, of every member thereof, or if a corporation, of each officer thereof; and also the county and municipality, with street and number, if any, where the business is to be conducted. Every such applicant at the time of making such application shall pay to the licensing official the sum of one hundred dollars as an annual license fee and in full payment of all expenses for examinations, under and for administration of this article: Provided, That if the license is issued for a period of less than twelve months, the license fee shall be prorated according to the number of months such license shall run.(1925, c. 91, §2.)

§3. Bond.—The applicant shall also at the same time file with the licensing official a bond in which the applicant shall be the obligor, in the sum of one thousand dollars, with one or more sureties, whose liability as such sureties shall not exceed the sum of one thousand dollars in the aggregate, to be approved by the licensing official, and such bond shall run to the State of West Virginia for the use of the State and of any person or persons who may have a cause of action against the obligor of such bond under the provisions of this article. Such bond shall be conditioned that the obligor will conform to and abide by each and every provision of this article and will pay to the State and to any such person or persons any and all moneys that may be come due or owing to the State or to such person or persons from such obligor under and by virtue of the provisions of this article.(1925, c. 91, §3.)

§4. Issuance of License; Expiration; Not Assignable; Posting.—Upon the filing of such application and the approval of the bond and the payment of the fee, the licensing official shall issue a license to the applicant to make loans in accordance with the provisions of this article for a period which shall expire on the thirtieth day of June next following the date of its issuance. Such license shall not be assignable, and shall be kept conspicuously posted in the place of business of the licensee.(1925, c. 91, §4.)

§5. Additional Bond.—If in the opinion of the licensing official the bond shall at any time appear to be insecure or exhausted or otherwise doubtful, an additional bond in the sum of not more than one thousand dollars, satisfactory to the licensing official, shall be filed within ten days after notice by the licensing official to the licensee; and upon failure of the obligor to file such additional bond the license shall be revoked, by the licensing official.(1925, c. 91, §5.)

§6. Revocation of License; Effect of Second Offense.—The licensing official may, upon notice to the licensee and reasonable opportunity to be heard, revoke such license if the licensee has violated any provision of this article; and in case the licensee shall be convicted by a court a second time of a violation of section twelve of this article, when the second offense shall have occurred after a prior conviction, the licensing official shall revoke such license, and thereafter no license shall be issued to such licensee, nor to the husband or wife of the licensee, nor to any firm or corporation of which he is a member or officer.(1925, c. 91, §6.)

§7. Where and Under What Name Loan to be Made; Additional License for Additional Place of Business.—No person, firm or corporation so licensed shall make any loan provided for by this article under any other name or at any other place of business than that named in the license. Not more than one place of business shall be maintained under the same license, but the licensing official shall issue more than one license to the same licensee upon the payment of an additional license fee and the filing of an additional bond for each license.(1925, c. 91, §7.)

§8. Change of Place of Business.—Whenever the licensee shall change his place of business he shall at once give written notice thereof to the licensing official who shall attach to the license his approval in writing of the change.(1925, c. 91, §8.)

§9. Investigation of Loans and Business.—The licensing official, for the purpose of discovering violations of this article, may either personally or by any person designated by him, at any time and as often as he may desire, investigate the loans and business of every licensee and of every person, firm and corporation by whom or by which any such loan shall be made, whether such person, firm or corporation shall act or claim to act as principal, agent or broker, or under or without the authority of this article; and for that purpose he shall have free access to the office or place of business, books, papers, records, safes and vaults of all such persons, firms and corporations. He shall also have authority to compel the attendance of and to examine under oath all persons whose testimony he may require relative to such loans or business.(1925, c. 91, §9.)

§10. Licensee to Keep and Preserve Books and Records.—The licensee shall keep such books and records in his place of business as in the opinion of the licensing official will enable the licensing official to determine whether the provisions of this article are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least two years after the making of any loan recorded therein.(1925, c. 91, §10.)

§11. False or Deceptive Statements.—No licensee or other person, firm or corporation shall print, publish or distribute, or cause to be licensed, printed, published or distributed, in any manner whatsoever, any written or printed statement with regard to the rates, terms or conditions for the lending of money, credit, goods or things in action in amounts of three hundred dollars or less, which is false or calculated to deceive.(1925, c. 91, §11.)

§12. Interest Rate; Charge of Excessive Rate Voids Contract.—Every person, firm and corporation licensed under the provisions of this article may loan any sum of money not exceeding in amount three hundred dollars and may charge, contract for and receive thereon interest at a rate not to exceed two per cent per month. Interest shall not be payable in advance or compounded and shall be computed on unpaid balances only. In addition to the interest herein provided for, no further or other charge or amount whatsoever for any examination, service, brokerage, commission or other thing or otherwise shall be directly or indirectly charged, contracted for or received, except the lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing or recording or releasing in any public office any instrument securing the loan, which fees may be collected when the loan is made or at any time thereafter. If interest or charges in excess of those permitted by this article shall be charged, contracted for or received, the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, interest, or charges whatsoever.

No licensee shall directly or indirectly charge, contract for or receive any interest or consideration greater than six per cent per annum upon the loan, use or forbearance of money, goods or things in action, or upon the loan, use or sale of credit, of the amount or value of more than three hundred dollars. The foregoing prohibi tion shall also apply to any licensee who permits any person, as borrower or as indorser, guarantor or surety for any borrower, or otherwise, to owe directly or contingently or both to the licensee at any time the sum of more than three hundred dollars for principal.(1925, c. 91, §12; s 1929, c. 24.)

§13. Statement to be Delivered to Borrower; Payment Before Maturity; Receipts; Cancellation of Papers and Notes; Release of Liens.—Every licensee shall deliver to the bo rower at the time a loan is made a statement in the English language showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee and the rate of interest charged, and upon such statement there shall be printed in English a copy of section twelve of this article. The licensee shall permit payment of the loan in whole or in part prior to its maturity with interest on such payment to the date thereof. The licensee shall give to the borrower a plain and complete receipt for any and all payments made on account of any Ioan at the time such payments are made. Upon repayment of the loan in full the licensee shall mark indelibly every paper signed by the borrower with the word “paid” or “canceled,” and shall release any mortgage or deed of trust, restore any pledge, cancel and return any note, and cancel and return any assignment given by the borrower as security.(1925, c. 91, §13.)

§14. Confession of Judgment; Power of Attorney; Contents of Note or Security; Blanks in Instrument.—No licensee shall take any confession of judgment or any power of attorney. Nor shall he take any note, promise to pay or security that does not state the actual amount of the loan, the time for which it is made and the rate of interest charged, nor any instrument in which blanks are left to be filled after execution.(1925, c. 91, §14.)

§15. What Transactions Deemed Loans.—The payment of three hundred dollars or less in money, credit, goods or things in action as a consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services, whether earned or to be earned, shall be deemed a loan within the provisions of this article secured by such assignment; and the amount by which such assigned compensation exceeds such payment shall be deemed interest upon such loan from the date of such payment to the date such compensation is payable. Such loan and such assignment shall be governed by and subject to the provisions of this article.(1925, c. 91, §15.)

§16. Loan to be Paid to Borrower When Order or Assignment Executed; Execution of Order, Assignment or Lien; Amount Collectible From Employer.—No assignment of or order for the payment of any salary, wages, commissions or other compensation for services, earned or to be earned, given to secure any such loan shall be valid unless the amount of such loan is paid to the borrower simultaneously with its execution; nor shall any such assignment or order, or any chattel mortgage or other lien on household furniture then in the possession and use of the borrower be valid unless it be in writing signed in person by the borrower; nor, if the borrower is married, unless it be signed in person by both husband and wife: Provided, That written assent of a spouse shall not be required when husband and wife have been living separate and apart for a period of at least five months prior to such assignment, order, mortgage or lien.

Under any such assignment or order for the payment of future salary, wages, commissions or other compensation for services, given as security for a loan made under this article, a sum equal to ten per cent of the borrower’s salary, wages, commissions or other compensation for services shall be collectible from the employer of the borrower by the licensee at the time of each payment .of salary, wages, commis sions or other compensation for services from the time that a copy of such assignment verified by the oath of the licensee or his agent, together with a similarly verified statement of the amount unpaid upon such loan, is served upon the employer.(1925, c. 91, §16.)

§17. Interest at Greater Rate Than Six Per Cent to be Charged Only Under Authority of This Article.—No person, firm or corporation, except as authorized by this article or otherwise provided by law, shall directly or indirectly charge, contract for or receive any interest or consideration greater than six per cent per annum upon the loan, use or forbearance of money, goods or things in action, or upon the loan, use or sale of credit, of the amount or value of three hundred dollars or less. The foregoing prohibition shall apply to any person who as security for any such loan, use or forbearance of money, goods or things in action, or for any such loan, use or sale of credit, makes a pretended purchase of property from any person and permits the owner or pledgor to retain the possession thereof, or who by any device or pretense of charging for his services or otherwise seeks to obtain a greater compensation than is authorized by this article. No loan for which a greater rate of interest or charge than is allowed by this article has been contracted for or received, wherever made, shall be enforced in this State, and every person in any wise participating in making such loan in this State shall be subject to the provisions of this article.(1925, c. 91, §17.)

§18. Defense of Usury.—Any defendant may plead in general terms that the contract or assurance on which the action is brought was for the payment of interest at a rate which is prohibited by section twelve or section seventeen of this article, to which plea the plaintiff shall reply generally, but may give in evidence upon the issue made up thereon any matter which could be given in evidence under a special replication. Under the plea aforesaid, the defendant may give in evidence any fact showing, or tending to show, that the contract, assurance, or other writing upon which the action was brought, was for a consideration which is usurious under whichever of said sections is mentioned in the plea. Upon such plea the court shall direct a special issue to try and ascertain: (a) Whether or not the contract, assurance or other writing is so usurious; (b) what amount, if any, of principal and interest has been paid by the defendant to the plaintiff thereunder. If a verdict be found for the defendant upon the plea of usury, judgment shall be rendered for the defendant and he shall recover from the plaintiff and have judgment for all such principal and interest he has paid to the plaintiff.

§19. Action or Suit to Recover Back Principal and Interest.—If any person pay any sum or thing as principal or interest under any contract or assurance which under the provisions of this article is void, he may recover the full amount of such sum or such thing from the person with whom the contract was made or to whom the assurance was given; and it may be so recovered from such person notwithstanding the payment thereof to his indorsee or assignee.

§20. Offenses; Penalties.—Any person, firm or corporation and the several officers and employees thereof who shall violate any of the provisions of sections one, seven, eleven, twelve or seventeen of this article shall be guilty of a mis demeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both fined and imprisoned, in the discretion of the court.(1925, c. 91, §18.)

§21. Banks, Trust Companies, Building and Loan Associations and Licensed Pawnbrokers Excepted.—This article shall not apply to any person, firm or corporation doing business under any law of this State or of the United States relating to banks, trust companies, building and loan associations, or to licensed pawnbrokers.(1925, c. 91, §19.)

§1. Goods of Principal Liable for Debts of Agent Unless Principal Disclosed.—If any person shall transact business as a trader, with the addition of the words “factor,” “agent,” “and company,” or “and co.” and fail to disclose the name of his principal or partner by a sign in letters, easy to be read, placed conspicuously at the house wherein such business is transacted, and also by a notice published once a week for two successive weeks in a newspaper printed in the town or county wherein the same is transacted, or, if no newspaper be printed therein, in a newspaper of general circulation in such town or county; or if any person transact such business in his own name, without any such addition, all the property, stock, and choses in action, acquired or used in such business, shall, as to the creditors of any such person, be liable for the debts of such person. This section shall not apply to a person transacting such business under a license to him as an auctioneer or commission merchant.(Code 1849, c. 145, §13; Code 1860, c. 145, §13; Code 1868, c. 100, §13; Code 1923, c. 100, §13.)

§2. Business Under Assumed Name; Certificate of True Name.—No person or persons shall carry on, conduct or transact any mercantile business in this State under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals owning, conducting or transacting such business, unless such person or persons shall file in the office of the clerk of the county court of the county or counties in which such person or persons own, conduct or transact, or intend to own, conduct or transact such business, or maintain an office or place of business, a certificate setting forth the name under which such business is, or is to be, conducted .or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same, with the home and postoffice address or addresses of such person or persons. Such certificate shall be executed and duly acknowledged by the person or persons so owning, conducting or intending to conduct such business: Provided, That the selling of goods by sample or through traveling agents or traveling salesmen, or by means of orders forwarded by the purchaser through the mails, shall not be construed for purposes of this article as conducting or transacting business so as to require the filing of such certificates.(1917, c. 53, §1; Code 1923, c. 100, §17.)

§3. Indexing of Certificates Filed; Use as Evidence.—The several county clerks of this State shall keep an alphabetical index of all persons filing certificates provided for in this article.(1917, c. 53, §3; Code 1923, c. 100, §19.)

§4. Sections 2, 3 and 5 not Applicable to Corporation or Partnership.—Sections two, three and five of this article shall in no way affect or apply to any corporation, partnership, association, limited or special partnership duly organized under the laws of this State, or to any corporation organized under the laws of any other state and lawfully doing business in this State.(1917, c. 53, §4; Code 1923, c. 100, §20.)

§5. Penalty for Violation of Section Two.—Any person or persons owning, carrying on, conducting or transacting business as aforesaid who shall fail to comply with the provisions of section two of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail for a term not exceeding thirty days, or both fined and imprisoned, in the discretion of the court.(1917, c. 53, §5; Code 1923, c. 100, §21.)

§1. Limited Partnerships; Purposes.—Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business within this State, and not for the purpose of banking, brokerage, or making insurance, may be formed upon the terms, and subject to the conditions and liabilities, prescribed in this article.(Code 1849, c. 145, §1; Code 1860, c. 145, §1; Code 1868, c. 100, §1; Code 1923, c. 100, §1.)

§2. Members; Extent of Liability.—Any such partnership may consist of one or more persons as general partners, who shall be responsible as general partners now are, and of one or more persons as special partners, who, contributing to the common stock a specific sum, in actual cash payment, as capital, shall not be personally liable for any debts of the partnership, except as hereinafter provided.(Code 1849, c. 145, §2; Code I860, c. 145, §2; Code 1868, c. 100, §2; Code 1923, c. 100, §2.)

§3. Data as to Partnership; Oath as to Cash Contributed.—The persons forming any such partnership shall make and severally sign a paper, which shall state the name and place of residence of each partner, the name or firm under which the partnership is to be conducted, who are general and who are special partners, the sum which each special partner contributes, the general nature of the business to be transacted, the place or places of such business, and the duration of the partnership. One or more of the general partners shall also make oath that each sum so stated to be contributed has actually been paid in cash.(Code 1849, c. 145, §3; Code 1860, c. 145, §3; Code 1868, c. 100, §3; Code 1923, c. 100, §3.)

§4. Recordation of Paper and Certificate of Oath; Publication; False Statements.—No such partnership shall be deemed to be formed until such paper and a certificate of such oath, or a certified copy thereof, shall be admitted to record, as to each person signing the same, in the office of the clerk of the county court of each county in which may be the place or places of such business, upon such acknowledgment or proof as is sufficient in the case of a power of attorney, nor until such paper and certificate, or a copy thereof, be published for six successive weeks in a newspaper published in every such county, or, if no newspaper is published in such county, then in a newspaper of general circulation therein. In case any statement in such paper or certificate be false, the special partners shall be liable as general partners.(Code 1849, c. 145, $4; Code 1860, c. 145, §4; Code 1868, c. 100, $4; 1883, c. 5, §4; Code 1923, c, 100, §4.)

§5. Dissolution of Partnership for Certain Alterations; Effect.—The partnership shall be deemed to be dissolved when there is an alteration in the name of the partners, in the nature of the business, in the capital thereof by a diminution of it otherwise than by losses or in the ordinary course of business, or an alteration in any other matter specified in such paper; and if the partnership be thereafter carried on, it shall be deemed a general partnership, unless there be such renewal as is hereinafter mentioned.(Code 1849, c. 145, §5; Code 1860, c. 145, §5; Code. 1868, c. 100, §5; Code 1923, c. 100, §5.)

§6. Renewal of Partnership.—On every renewal of a limited partnership, whether because of such alteration, or to continue the partner ship beyond the time originally fixed for its duration, the persons renewing the same shall make and severally sign a paper with such statements as section three of this article prescribes, except only that, where there is no alteration in the capital, the sum contributed by each special partner is to be stated to have been contributed at the time the partnership was originally formed, and the year of its formation is to be mentioned. The partnership shall not be deemed to be renewed, under this section, until such paper, or a copy thereof, and a certificate such as is mentioned in section four of this article, shall be admitted to record and published as prescribed by that section.(Code 1849, c. 145, §6; Code 1860, c. 145, §6; Code 1868, c. 100, §6; Code 1923, c. 100, §6.)

§7. Partnership Name to Include Only Names of General Partners; Conduct of Business.—The business of the partnership shall be conducted under a firm name in which the names of the general partners shall be inserted, without the names of the special partners, and without the addition of the word “company,” or any other general term. The general partners only shall be authorized to make a contract (with others than partners) respecting the concerns of the partnership, or to transact its business. If the name of any special partner be used in such firm with his privity, or if he shall make any such contract, or transact business for the partnership, as agent or otherwise, he shall be liable as general partner. But this section shall not prevent him from examining into the state of the business and advising as to its management.(Code 1849, c. 145, §7; Code 1860, c. 145, §7; Code 1868, c. 100, §7; Code 1923, c. 100, §7.)

§8. Withdrawal of Partnership Capital; Division of Interest or Profits.—During the continuance of the partnership, no part of any sum which any special partner may have contributed to the stock shall be withdrawn, nor shall any division of interest or profits be made, so long as the stock is reduced below the sum stated in the paper before mentioned. If any of the stock be so withdrawn or reduced, the partner receiving the same shall be responsible for what he may have so received, with interest thereon from the time of receiving it, or for so much thereof as may be necessary to pay such partnership debts as may remain unpaid, after applying thereto the partnership effects.(Code 1849, c. 145, §8; Code 1860, c. 145, §8; Code 1868, c. 100, §8; Code 1923, c. 100, §8.)

§9. Insolvency of Partnership.—In case of the insolvency of the partnership, no special partner shall be paid as a creditor of the firm until all its other creditors are satisfied.(Code 1849, c. 145, §9; Code 1860, c. 145, §9; Code 1868, c. 100, §9; Code 1923, c. 100, §9.)

§10. Transactions Preferring Creditors During Insolvency.—No sale, assignment, or transfer of the property or effects of any such partnership, or of any interest therein, or any lien or encumbrance thereon, by judgment or other wise, shall be valid, if made or created by such partnership, at a time when it has not sufficient property or effects to pay all its debts, for the purpose of giving a preference to one or more of its creditors over any other creditor; or by any partner, whether general or special, at a time when he has not sufficient property or effects to pay all his debts, or in contemplation that the partnership may not have sufficient property or effects to pay its debts, for the purpose of giving a preference over creditors of the partnership to one or more creditors, whether of his own or the partnership.(Code 1849, c. 145, §10; Code 1860, c. 145, §10; Code 1868, c. 100, §10; Code 1923, c. 100, §10.)

§11. Dissolution of Partnership; Recordation and Publication of Notice.—No dissolution of a limited partnership shall take place, except by operation of law, before the time specified in the paper before mentioned, unless a notice of such dissolution shall be recorded in the clerk’s office in which such paper was recorded, and be published once a week for six successive weeks in each of the counties in which may have been the place or places of business of the partnership, in a newspaper published therein, or, if no newspaper be published in such county, then in a newspaper of general circulation therein.(Code 1849, c. 145, §11; Code 1860, c. 145, §11; Code 1868, c. 100, §11; 1883, c. 5, §11; Code 1923, c. 100, §11.)

§12. Limited Partnership Suits.—All suits respecting the business of any partnership formed or renewed as hereinbefore prescribed shall be prosecuted by and against the general partners only, except in those cases wherein it is provided in this article that a special partner shall be liable as a general partner, in which cases all partners so liable may join or be joined in such suits. A special partner shall also be liable to and be suable by the firm for debts contracted with it, in the same manner as if he were not a partner.(Code 1849, c. 145, §12; Code 1860, c. 145, §12; Code 1868, c. 100, §12; Code 1923, c. 100, §12.)

§13. Suit for Accounting Not to Work Dissolution of Mining Partnership; Sale of Interest.—Any member or members of a mining partnership may institute and prosecute to final decree a suit in equity for an accounting among the members of the partnership without the dissolution thereof. Upon such accounting the court shall decree the sale of the undivided interest or interests of such member or members as may be ascertained to be indebted to any member or members, or to the partnership, without decreeing the dissolution thereof, unless such dissolution shall be necessary to enable a fair sale of such undivided interest or interests to be made in such suit.(1917, c. 7, §1; Code 1923, c. 100, §16.)

§1. Fraudulent Sale of Liquid Fuels, Lubricating Oils, Etc.—It shall be unlawful for any person, firm or corporation to store, expose for sale, offer for sale, or sell, any liquid fuels, lubricating oils, or other similar products, in any manner whatsoever, so as to deceive or tend to deceive the purchaser as to the nature, quality and identity of the product so sold or offered for sale.(1929, c. 43, §1.)

§2. Unlawful to Sell From Distributing Equipment Any Liquid Fuels, Etc., Other Than Those Named Thereon.—It shall be unlawful for any person, firm or corporation to store, expose for sale, offer for sale, or sell, from any tank or container, or from any pump, or other distributing device or equipment, any other liquid fuels, lubricating oils, or other similar products, than those indicated by the name, trade name, symbol, sign, or other distinguishing mark or device of the manufacturer or distributor, either as owner or licensee, appearing upon the tank, container, pump, or other distributing equipment, from which the same are sold, offered for sale or distributed.(1929, c. 43, §2.)

§3. Unlawful to Imitate Designs or Trade Names of Recognized Brands of Liquid Fuels, Etc.—It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol or trade name under which recognized brands of liquid fuels, lubricating oils, and similar products, are generally marketed.(1929, c. 43, §3.)

§4. Unlawful to Sell Under Established Trade Name Any Substituted, Mixed, Adulterated or Other Liquid Fuels, Etc., Than Those Manufactured or Distributed Under Such Trade Name.—It shall be unlawful for any person, firm or corporation, to expose for sale, offer for sale, or sell, under any trade-mark or trade name in general use, any liquid fuels, lubricating oils, or other like products, except those manufactured or distributed by the manufacturer or distributor marketing liquid fuels, lubricating oils or other like products, under such trade-mark or trade name, either as owner of such trad- mark or as licensee, or to substitute, mix, or adulterate the liquid fuels, lubricating oils, or other similar products, sold, offered for sale, or distributed, under such trade-mark or trade name.(1929, c. 43, §4.)

§5. Unlawful to Deliver Into Distributing Device Any Other Liquid Fuels, Etc., Than own Those Indicated by Trade Name Thereon.—It shall be unlawful for any person, firm or corporation to aid or assist any other person, firm or incorporation in the violation of the provisions of this article, by depositing or delivering in any tank, receptacle, or other container, any other liquid fuels, lubricating-oils, or like products, than those intended to be stored therein and distributed therefrom, as indicated by the name of the manufacturer or distributor or the trade-mark or trade name of the product displayed on the container itself, or on the pump, or other distributing device used in connection therewith.(1929, c. 43, §5.)

§6. Trade Name of Lubricating Oil to be Shown.—There shall be firmly attached to or painted at or near the point of outlet from which lubricating oil is drawn or poured out for sale or delivery, a sign or label consisting of the word or words in letters not less than one inch in height, comprising the brand or trade name of such lubricating oil: Provided, That if any such lubricating oil shall have no brand or trade name, the above required sign or label shall consist of the words, “Lubricating oil, no brand.”(1929, c. 43, §6.)

§7. Offenses; Penalties; Revocation of Distributor’s License.—Any person, firm or cor poration, or any officer, agent, or employee there of, who shall violate any provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine, for the first offense, of not less than twenty-five nor more than two hundred dollars; and for a second or any subsequent offense, by a fine of not less than fifty nor more than five hundred dollars; and in addition to the penalties aforesaid, upon conviction of a second offense hereunder, the permit and license certificate provided for by section two, article fourteen, chapter eleven of this Code, theretofore issued to such violator, shall be canceled and taken up by the state tax commissioner; and no other certificate of license shall be issued to such person by said state tax commissioner for a period of one year from the date of such cancellation.(1929, c. 43, §7.)