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CH. 157]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

SEC. 5. Salaries, how paid. The salaries provided for in this act shall be paid in monthly installments out of any money in the state treasury not otherwise appropriated.

SEC. 6. In effect. This act shall take effect and be in full force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Approved April 10, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 15, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 157.

PRESERVATION OF PUBLIC ARCHIVES.

S. F. 26.

AN ACT to amend chapter one hundred forty-two (142) laws of the Thirty-first General Assembly, and increasing the appropriation for carrying its purposes into effect.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed-transfer and delivery of public archives. That section 2 of said act be repealed and the following enacted in lieu thereof:

"SEC. 2. That the several state executive and administrative departments, officers or offices, councils, boards, bureaus and commissioners are hereby authorized to transfer and deliver to the executive council for arrangement, classification, labeling, filing and calendaring, and then to the state library and historical department for preservation such of the public archives as are designated in section one (1) of this act except such as in the judgment of the executive council should be longer retained in the respective offices."

[SEC. 2.] Repealed-state library and historical department authorized to receive archives. That section 3 of said act is hereby repealed, and the following enacted in lieu thereof:

"SEC. 3. That the state library and historical department is hereby authorized and directed to receive from the executive council such of the public archives as are designated in section one (1) of this act as rapidly as the same are properly arranged, classified, labeled, filed and calendared."

[SEC. 3]. Repealed-appropriation-how expended. That section 5 of said act is hereby repealed and the following enacted in lieu thereof:

"SEC. 5. That for carrying out the purposes of this act there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of six thousand dollars ($6,000) annually for two years beginning July 1, 1907, to be expended under the direction of said executive council.'

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Approved April 13, A. D. 1907.

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 158

CHAPTER 158.

INDEXES KEPT BY COUNTY RECORDERS.

H. F'. 414.

AN ACT to repeal section twenty-nine hundred thirty-five (2935) of the code, and to enact a substitute therefor, relating to indexes to be kept by county recorders.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed-indexes. That section twenty-nine hundred thirtyfive (2935) of the code be and the same is hereby repealed and the following enacted in lieu thereof:

"The recorder must keep index books, the pages of which are so divided as to show in parallel columns:

1. Each grantor;

2. Each grantee;

3. The time when the instrument was filed;

4. The date of the instrument;

5. The nature of the instrument;

6. The book and page where the record thereof may be found; 7. The description of the real estate conveyed;

"Separate index books shall be kept for mortgages and satisfactions or releases of same; one for those containing descriptions of lots, and one for those containing lands; and separate books for other conveyances of real estate; one for lots, and one for lands. Also he shall keep an index book for powers of attorney and affidavits as provided for in section twenty-nine hundred fiftyseven (2957) of the code. All of above indexes to be arranged alphabetically in accordance with section twenty-nine hundred thirty-seven (2937) and indexed inversely in name of grantee, and in case of affidavits each and every affidavit filed for record shall be indexed in appropriately ruled columns as follows:

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CH. 160]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

CHAPTER 159.

RIGHTS OF PROPERTY AND CONVEYANCE THEREOF.

S. F. 272.

AN ACT additional to and amendatory of the law as it appears in title fourteen (XIV) of the code, relative to rights of property and the conveyance thereof.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Rule in Shelley's case abolished. The rule or principle of the common law known as the "rule in Shelley's case" is hereby abolished and is declared not to be a part of the law of this state.

SEC. 2. Estate not enlarged. No express devise, bequest or conveyance of an estate for life or other limited estate in real or personal property shall be enlarged or construed to pass any greater estate to the devisee, legatee or grantee thereof by reason of any devise, bequest or conveyance to the heirs, heirs of the body, children, or issue of such devisee, legatee or grantee, provided that the passage of this act shall not in any manner or under any circumstances be so construed as to impair or affect the vested rights of any person in or to any lands or estates acquired prior to the taking effect hereof. Approved April 13, A. D. 1907.

CHAPTER 160.

WAREHOUSE RECEIPTS.

S. F. 244.

AN ACT authorizing persons, firms or corporations engaged in the business of storing goods for profit, to issue warehouse receipts on the goods so stored; to regulate the issuance, negotiation and transfer of such receipts, and to provide punishment for violation of said regulations, and repealing section thirty-one hundred twenty-nine (3129) of the code.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Persons who may issue receipts. Warehouse receipts may be issued by any warehouseman.

SEC. 2. Form of receipts-essential terms. 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 receipt,

(c) The consecutive number of the receipt,

(d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified 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 advances 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

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 160

statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.

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.

SEC. 3. Form of receipts-what 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 act.

(b) In anywise impair his obligation to exercise that degree of care in the safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.

SEC. 4. Definition of non-negotiable receipt. A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a non-negotiable receipt.

SEC. 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 non-negotiable. Such provision, if inserted, shall be void.

SEC. 6. Duplicate receipts must be so marked. 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.

SEC. 7. Failure to mark "not negotiable". A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it "non-negotiable," 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.

SEC. 8. Obligation of warehouseman to deliver. A warehouseman, in the absence of some lawful excuse provided by this act, 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.

SEC. 9. Justification of warehouseman in delivering. 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 non-negotiable receipt issued for the goods, or who has written authority from

CH. 160]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

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.

SEC. 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.

SEC. 11. Negotiable receipt must be cancelled when goods delivered. Except as provided in section thirty-six (36), 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 goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.

SEC. 12. Negotiable receipt must be cancelled or marked when part of goods delivered. Except as provided in section thirty-six (36), 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.

SEC. 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.

SEC. 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

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