CH. 160] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. to whom the receipt was subsequently negotiated, paid value therefor, without notice of the breach of duty, or fraud, mistake, or duress. SEC. 48. Subsequent negotiation. 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. SEC. 49. Negotiation defeats vendor's lien. Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transitu. Nor shall the warehouseman be obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation. SEC. 50. Issue of receipt for goods not received. A warehouseman or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a felony, and upon conviction shall be punished for each offense by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 51. Issue of receipt containing false statement. 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 misdemeanor, and upon conviction shall be punished for each offense by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 52. Issue of duplicate receipts not so marked. A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and 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 (14), shall be guilty of a felony, and upon conviction shall be punished for each offense by imprisonment in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 53. Issue for warehouseman's goods of receipts which do not state that fact. 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 misdemeanor, and upon conviction shall be punished for each offense by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 54. Delivery of goods without obtaining negotiable receipt. A warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of such warehouseman knowing that a negotiable LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 160 receipt, the negotiating of which would transfer the right to the possession of such goods, is outstanding and uncancelled without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections fourteen (14) and thirty-six (36), be found guilty of a misdemeanor and on conviction shall be punished for each offense by imprisonment in the county jail not exceeding one year, or by a fine not exceed ing one thousand dollars ($1,000.00) or by both. SEC. 55. Negotiation of receipt for mortgaged goods. Any person who deposits goods to which he has no 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 misdemeanor, and upon conviction shall be punished for each offense by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 56. When rules of common law still applicable. In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. SEC. 57. Interpretation shall give effect to purpose of uniformity. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. SEC. 58. Definitions. In this act, unless the context or subject-matter otherwise requires "Action" includes counter claim, set-off, and suit in equity. "Delivery" means voluntary transfer of possession from one person to another. "Fungible goods" means goods of which any receipt is from its nature or by mercantile custom, treated as the equivalent of any other unit. "Goods" means chattels or merchandise in storage, or which has been or is about to be stored. "Holder" of a receipt means a person who has both actual possession of such receipt and a right of property therein. "Order" means an order by indorsement on the receipt. "Owner" does not include mortgagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee. An "Value" is any consideration sufficient to support a simple contract. antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. "Warehouseman" means a person lawfully engaged in the business of storing goods for profit. A thing is done "in good faith" within the meaning of this act, when it is in fact done honestly whether it be done negligently or not. SEC. 59. Act does not apply to existing receipts. The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act. SEC. 60. Repealed. Section thirty-one hundred and twenty-nine (3129) of the code is hereby repealed. Approved April 1, A. D. 1907. CH. 162] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 161. MARRIAGE OF DIVORCED PERSONS. H. F. 363. AN ACT to amend section thirty-one hundred and eighty-one (3181) of the code, relating to divorces and marriages of divorced persons. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Marriage of divorced persons-what prohibited. Section thirty-one hundred and eighty-one (3181) of the code is hereby amended by adding thereto after the period following the word "marriage" at the end of said section, the following: "In every case in which a divorce is decreed, neither party shall marry again within a year from the date of the filing of said decree unless permission to do so is granted by the court in such decree; provided, however, that nothing herein contained shall prevent the persons divorced from re-marrying each other. Any person marrying contrary to the provisions of this act shall be deemed guilty of a misdemeanor and punished accordingly." Approved March 20, A. D. 1907. CHAPTER 162. ACTIONS AGAINST MUNICIPAL CORPORATIONS. H. F. 280. AN ACT to fix the place of bringing action against municipal corporations in the state of Iowa in all counties where terms of the district court are held in more than one place. [Additional to chapter four (4) of title eighteen (XVIII) of the code.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Place of bringing actions. Actions against municipal corporations including cities organized under special charter in all counties where terms of the district court are held in more than one place must be brought in the county and at the place where terms of the district court are held nearest to where the cause or subject of the action originated. SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader, a newspaper published in Des Moines, Iowa, and the Evening Democrat, a newspaper published in Fort Madison, Iowa. Approved March 15, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and the Evening Democrat, March 16, 1907. W. C. HAYWARD, LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 163. [CH. 164 SERVICE OF ORIGINAL NOTICE UPON MERGED OR CONSOLIDATED RAILWAY CORPORATIONS. S. F 69. AN ACT to amend the law as it appears in section thirty-five hundred and twentynine (3529) of the supplement to the code, relating to the service of original notice upon any corporation or person owning or operating any railway, or canal, steamboat or other river craft, or any telegraph, telephone, stage, coach or car line, express company or foreign corporation. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Service on station, ticket or other agent. That the law as it appears in section thirty-five hundred and twenty-nine (3529) of the supplement to the code be and the same is hereby amended by adding after the period following the word "county" at the end of said section the following: "If the action is against any railway corporation which has merged and consolidated its stock, property, franchises and liabilities with that of any other railway corporation, as authorized by section two thousand and thirtysix (2036) of the code, or which has sold or leased its property and franchises to any other railway corporation as authorized by section two thousand and sixty-six (2066) of the code, service of the original notice may be made upon any station, ticket or other agent of the merged, vendee or lessee corporation in the county where the action is brought; if there is no such agent in said county, then, service may be made upon such agent or person in any other county.' SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved March 20, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 22, 1907. W. C. HAYWARD, CHAPTER 164. PUBLICATION OF ORIGINAL NOTICES AGAINST UNKNOWN DEFENDANTS. H. F. 463. AN ACT to amend section three thousand five hundred and forty (3540) of the code, relating to the publication of original notices in actions against unknown defendants. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Length of publication. That section three thousand five hundred and forty of the code be and the same is hereby amended by striking out the word "six in line three of said section and inserting the word "four" in lieu thereof. Approved April 13, A. D. 1907. CH. 167] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 165. APPEARANCE TERM IN ACTIONS OF MANDAMUS. S. F. 185. AN ACT to amend section thirty-six hundred fifty-six (3656) of the code, relating to the appearance term for certain actions. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Mandamus actions. That section thirty-six hundred and fiftysix (3656) of the code be, and the same is hereby amended by inserting in line two (2) of said section between the words "for" and "divorce" the following: "mandamus or". Approved February 23, A. D. 1907. CHAPTER 166. RECOVERY OF COSTS BY SUCCESSFUL PARTY. S. F. 231. AN ACT to amend section thirty-eight hundred and fifty-three (3853) of the code relating to the recovery of costs by the successful against the losing party. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Mileage costs of witnesses limited. That section thirty-eight hundred and fifty-three (3853) of the code be amended by striking out the period following the word "party" and before the word "But" in the second line thereof and inserting a semicolon in lieu thereof and adding between said words the following; "the losing party, however, shall not be assessed with the cost of mileage of any witness for a distance of more than seventy miles from the place of trial, unless otherwise ordered by the court at the time of entering judgment." Approved April 2, A. D. 1907. CHAPTER 167. EXECUTIONS. S. F. 162. AN ACT to amend section three thousand nine hundred fifty-five (3955) of the code, and to provide the issuance of an execution when an outstanding execution is lost or destroyed. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Lost or destroyed execution-duplicate issued. Section three thousand nine hundred fifty-five (3955) of the code is hereby amended by adding thereto the following, viz.: "When the plaintiff in judgment shall file in any court in which a judgment has been entered an affidavit made by himself, his agent or attorney, or by the officer to whom the execution was issued, that an outstanding execution. has been lost or destroyed, the clerk of such court may issue a duplicate execution as of the date of the lost execution, which shall have the same force and effect as the original execution, and any levy made under the execution |