SEC. 9. Act Not Applicable to Private Warehouses.-That nothing in this act shall be construed to apply to private warehouses, or to the issue of receipts by their owners or managers under existing laws, or to prohibit public warehousemen from issuing such receipts as are now isssued by private warehousemen under existing laws, provided, that such private receipts issued by public warehousemen shall never be written on a forin or blank indicating that it is issued from a public warehouse, but shall, on the contrary, bear on its face in large characters, the words "Not a Public Warehouse Receipt," in addition to any form of words imposed by laws heretofore in force.

SEC. 10. Repealing Clause.-That all laws and parts of laws in conflict with this act be and are hereby repealed in so far as they conflict.

See Gumbel & Co. vs. Beer et als., 36 An. 484; Lallande vs. His Creditors, 42 An. 705; Bank vs. Meyer. 43 An. 4; State National Bank vs. Bryant & Mathers, 49 An. 467; Holton & Winn, Id. 715.

See title "Negotiable Receipts," p. 585, and acts printed there.

See title "Privilege," p. 677, "Pledge," p. 685, and acts printed there.

Act 63, 1890, printed at p. 677.

Act 72, 1876, printed at p. 589.

SALE OF STORED PROPERTY FOR UNPAID CHARGES.
Act 85, 1894, p. 117.

AN ACT authorizing the sale by warehousemen of goods remaining in warehouses, on which charges remain due and unpaid; to provide for the disposition of the proceeds, and to repeal conflicting laws.

SECTION 1. That whenever any goods, wares or merchandise shall have remained on storage in any warehouse in this State, for a period of one year, and the charges thereon for storage and expenses shall have remained due and payable for a period exceeding six months, it shall be lawful for the warehousemen to give notice in writing of thirty days to the person who has stored said goods, to pay such charges and expenses; and if the same are not paid within thirty days after giving such notice, it shall then be lawful for such warehousemen to sell said property for cash, at public auction, by a duly licensed auctioneer after having duly advertised the terms, time and place of such sale for ten days in the manner required for judicial advertisements of the sale of movables; provided that a separate advertisement of each article to be sold shall not be required, but one general advertisement shall be sufficient to authorize the sale of said property, the name or names of the parties storing the same, however, to be given.

SEC. 2. That the aggregate proceeds of sales under such advertisement, shall be applied in the first place, to the payment of charges and expenses for storage and expenses for advertisement and sale; and the residue if any shall be retained by the warehouseman for the period of three months from the date of sale, and if, during the said period, the owners of any of the property sold shall present themselves, they shall be entitled to receive the proceeds of the sale of their property, less the deductions herein before authorized to be made, and the balance, if any, remaining unclaimed after the expiration of three months as aforesaid shall be paid into the Treasury of the State of Louisiana to the credit of the general school fund of the State of Louisiana, to be disbursed in such manner as other money to the credit of the general school fund of Louisiana, and the said warehouseman shall be released from all liability on account of the property so sold.

SEC. 3. That no warehouseman shall have the right to take the benefit of this act unless the first section of this act shall have been printed or written on the receipt given for the property.

SEC. 4. That all laws or parts of laws, contrary to or inconsistent with the provisions of this Act, be and the same are hereby repealed.

WARRANTY.

3911. When defendant is cast, he shall have judgment over against warranter, etc. See C. P., Art. 385.

WEIGHTS AND MEASURES.

3912. Standards Fixed, How Obtained.-The Governor, at the expense of the State, shall procure or cause to be procured, one complete set of copper weights, to correspond with weights of their like denomination used by the revenue officers of the United States, in their offices, together with scales for said weights, and a stamp or seal, with such device as the Governor may deem proper; as also one complete set of measures, calculated for dry, liquid and long measures, of the same capacity and length as those of their like denomination used by such revenue officers aforesaid; which set of weights and measures, together with the scales and stamps, shall be deposited in the office of the Secretary of State to serve as a general standard of weights and measures in this State (Act 297, 1855, 360).

United States R. S. 3249, 3569, 3570,

3913. Inspectors, How Appointed, etc.-It shall be the duty of the Governor to nominate, and, by and with the advice and consent of the Senate, appoint for each of the four districts of the city of New Orleans, a suitable person as a Sealer of Weights and Measures, and he shall appoint in like manner, a person in each of the respective parishes of this State, each of whom shall hold the office for the term of two years.

3914. Duties of Inspectors.-It shall be the duty of the persons thus appointed, to visit all places of business, in their district or parish, for which they are appointed, once in each year, and at any other time when on complaint or by request, their services may be required, and to inspect all weights and measures used in the places of business, and when found to correspond with the standard of the State, to seal them or to give a written certificate of their correctness; but when found to disagree with the standard of the State, the inspector shall forbid their further use until they shall have been corrected, approved and sealed. It shall also be the duty of the inspectors to attend upon all calls made upon them for performing the duties of their office.

3915. Neglect of Duty, Penalty.-It shall be the duty of each inspector to see that no other weights and measures but those established by law be made use of within the limits of this State; and in case of negligence or breach on the part of the inspector, he shall be condemned to pay a fine not exceeding two hundred nor less than one hundred dollars. The Common Council of New Orleans are authorized to pass regulations or ordinances relative to the police of weights and measures, to insure within the city of New Orleans the execution of this law.

3916. Parishes to Have Set, etc.-Each parish, as soon practicable, shall be provided, at the expense of such parish, with a set of weights and measures, and a stamp conformably to those hereinbefore set forth, the same to be kept by the parish recorder.

3917. New Orleans to Procure Set., etc.-The inspectors for the four districts of the city of New Orleans shall procure a set of weights and measures at the expense of the city.

3918. Fees of Sealer. The appointed sealer of weights and measures shall be entitled to and receive the following fees:

For each yearly visit and inspection of a full set of steelyards, or of scales with their weights, or of balances with their weights, or of a bushel measure and its parts, or of a gallon measure and its parts, or a set of yardsticks, they shall receive twenty-five cents, and no more; for sealing each weight and measure, five cents; for the examination of each platform scale, cotton and tobacco scale, and its apparatus, fifty cents, and for sealing the same, fifty cents; the fees, in all cases, to be paid by the owners of the weights and measures inspected and sealed. The stamp shall be impressed, and payment required for doing the same only on such as have not been stamped, or such as, having once been stamped, are found so defective as to require to be regulated with the standard.

3919. Vacancies in Office, How Filled.-In case of vacancy, by death or resignation, the Governor shall have power to appoint.

3920. Who Has Power to Stamp, etc.-The inspectors only shall have the power to stamp weights and measures, and upon the stamp shall be the initials of the inspector's name.

3921. Sales, etc., to be Made by Standard.-No person shall buy or sell any commodity whatsoever, by weight or measure, which does not correspond with the aforesaid standard, or is not stamped after the said parishes have procured the standard of weights and measures as aforesaid; or shall keep any such weights or measures for the purpose of buying or selling thereby, under the penalty of fifty dollars for each offense, besides the forfeiture of the weights and measures found to be false; and of a fine of ten dollars when the

weights and measures shall be found to be just, though not stamped; said fine to be recovered before any tribunal of competent jurisdiction, one-half to the benefit of the informer, and the other half to the parish in which the offender resides. All weights and measures seized shall be forfeited for the benefit of the stamper, who shall not return them into circulation until he has made them conformable to his standard.

See Act 11, 1894, Short Weights, etc, printed at p. 249.

3922. False Stamps, etc., Penalty.-Whoever shall make, or cause to be made use of, or shall utter false stamps or seals, shall, on conviction thereof, be subjected to the pains and penalties of forgery under the laws of this State.

3923. Selling Unstamped Measures and Weights.-It is forbidden to sell, or cause to be sold, measures and weights, unless they have been tried and stamped by persons appointed for that purpose, under the penalties imposed by the second preceding section.

3924. Assaulting of Inspector.-The person appointed to inspect and seal weights and measures may employ assistance when necessary, at their own expense, but shall not commit their functions to a substitute without being subject to dismissal from office by the Governor.

3925. Barrel Measure.-There shall be in this State a dry measure to be known under the name of barrel which shall, except for the purchase and sale of oysters, contain three and a quarter bushels, according to the American Standard, and shall be divided into half and a quarter barrels. But for the sale of oysters, baskets shall be used which shall contain one-half of the standard barrel, which standard barrel contains three and a quarter bushel according to this section, said baskets to be stamped according to law (as amended by Act 35, 1894, p. 38).

3926. Coal Measure.-Coal shall be sold by the barrel or bushe measure; grain shall be sold by the barrel, bushel or weight; the legal weight of a bushel of wheat shall be sixty pounds; of a bushel of corn, fifty-six pounds; of a bushel of oats, thirty-two pounds; of a bushel of barley, thirty-two pounds, and of a bushel of rye thirty-two pounds.

See Act 147, 1888, and 137, 1894, printed at pp. 925, 926.

3927. Quarterly Return to State Treasurer.-It shall be the duty of each inspector in the city of New Orleans, to make quarterly returns, under oath, to the Treasurer of the State, of all moneys collected for fines, together with a written statement thereof.

3928. Inspection of flour and weights and measures for the town of Washington. See Sec. 1872.

3929. Appointment of inspectors. See Sec. 3924.

INSPECTION OF WEIGHTS AND MEASURES FOR THAT PORTION OF THE PARISH OF ORLEANS ON THE RIGHT BANK.

3930. Appointment of Sealer.-The Governor shall, by and with the advice and consent of the Senate, appoint for the parish of Orleans, on the right bank of the river, a suitable person as a sealer of weights and measures, who shall hold the office for the term of two years (Act 70, 1868, 80).

Act 81, E. S. 1877, p. 121.

AN ACT relative to the inspection of weights and measures for that portion of the parish of Orleans known as the Sixth and Seventh Districts. SECTION 1. That the Governor nominate, and by and with the advice and consent of the Senate, appoint for the Sixth and Seventh Districts of the parish of Orleans a suitable person as a sealer of weights and measures, who shall hold office for the term of two years.

SEC. 2. That the said person so appointed shall perform the duties of said office in accordance with the provisions of Act No. 70, session acts of 1868, approved September 9, 1868.

SEC. 3. That this Act shall take effect from and after its passage, and that all laws conflicting therewith be and the same are hereby repealed.

Act 70 referred to in act is now R. S. 3930 to 3940.

3931. Inspection of Weights and Measures.-It shall be the duty of the person appointed to visit all places of business in his district once in each year, and at any other time when on complaint or by request, his services may be required, and to inspect all weights. and measures in places of business, and when found to correspond with the standard of the State, to seal them, or give a written certificate of their correctness; but when found to disagree with the standard of the State the inspector shall forbid their further use until they shall have been corrected, approved and sealed. It shall also be the duty of the said inspector to attend upon all calls made upon him for performing the duties of said office (Act 70, 1868, p. 70).

3932. Inspector Authorized to Procure Set.-The inspector for said parish on the right bank shall be authorized to procure a set of weights and measures at the expense of the parochial authorities thereof.

3933. Fees of Sealer.-The person appointed sealer of weights and measures shall be entitled to receive similar fees to those paid to the inspectors of the city of New Orleans.

3934. Vacancies, How Filled.-In case of vacancy by death