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Article 7 combines as an integrated unit of legislation the Uniform Warehouse Receipts Act, the Uniform Bills of Lading Act, and those sections of the Uniform Sales Act dealing with the negotiation and transfer of documents of title. It is subject to any treaty or statute of the United States or District of Columbia regulatory statute or tariff, classification or regulation filed or issued pursuant thereto. Accordingly, the Federal Bills of Lading Act (49 U.S.C. secs. 81–124) would continue to control interstate shipments and foreign exports, and the Carriage of Goods by Sea Act (46 U.S.C. secs. 13001315) would continue to control ocean bills of lading covering both exports and imports.

Article 8: This article, dealing with investment securities, would replace the Uniform Stock Transfer Act as contained in chapter 29 of title 28 of the District of Columbia Code. In addition, it deals with bonds now covered by the Uniform Negotiable Instruments Act.

As stated in the 1958 official Text with Comments of the Uniform Com. mercial Code, Article 8 "is neither a blue sky' law nor a corporation code. It may be likened rather to a negotiable instruments law dealing with securities”. In general, it covers investment securities like stocks and bonds in both bearer and registered form.

Article 9: This article, dealing with the field of secured transactions, would replace little of the District of Columbia Code while making great advances in that field. In general, it applies to all transactions which are intended to create a security interest in personal property as well as to sales of accounts receivable, contract rights and chattel paper. Although it does not use the terms “mortgage", "conditional sale” and the like, existing security devices are not abolished and may continue to be used. Article 9, however, does abolish formal distinctions between existing security devices and deals with the interests which the secured creditor may obtain under the code by the same designation, namely, a "security interest" defined (in sec. 1-201 (38)) as "an interest in personal property or fixtures which secures payment or performance of an obligation”, which includes “any interest of a buyer of accounts, chattel paper, or contract rights”. In general, the term "chattel paper” refers to instruments (like notes and chattel mortgages) used by the owner thereof (like a dealer) to secure this own financing.

The security interest under Article 9, to be enforceable, must either be a possessory interest (like a pledge) with the secured party in actual possession or be in a writing referred to in the article as a "security agreement". The only requirements of a security agreement are that it be signed by the debtor and contain (sec. 9–203(1) (b)) "a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted or timber to be cut, a description of the land concerned”. However, a security agreement may contain the usual provisions now included in existing instruments, like chattel mortgages and chattel deeds of trust, and other agreements of the parties, except a few types of provisions expressly prohibited by the UCC.

With several exceptions (sec. 9–302), in order to “perfect” a security interest that would create a lien effective against third parties, the creditor must have possession of the collateral in case of a possessory interest (like a pledge) or the debtor must, in addition to entering into a security agreement, file a "financing statement” in the appropriate office, which in the District of Columbia would be the Recorder of Deeds (sec. 9–303). A financing statement may be a very simple document, being legally sufficient (sec. 9-402) “if it is signed by the debtor and the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral”.

Article 10: This article deals briefly with the matter of the construction of UCC with other laws. Sections 2 to 14 of H.R. 5338 make appropriate changes in existing statutory law to conform it to the UCC.

Section 15 of the bill provides for (a) repeal of supsereded statutes and (6) continued validity of transactions entered into prior to the effecrive date of the Section 16 states that the bill will become effective January 1, 1965.

(There follows "Changes in Existing Law Made by the Bill, as Reported”, not included herein.)

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H.R. 1930, 5334, 5726, 1932, 1929, 5046, 5335, 5336, 1893,

4322, 678, and 5608 TO ALLEVIATE THE CRIME SITUATION IN THE DISTRICT OF

COLUMBIA

APRIL 25, 30, MAY 1, 6, 7, AND 14, 1963

Printed for the use of the Committee on the District of Columbia

1.8. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1963

*99-951 o

HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA

JOHN L. MCMILLAN, South Carolina, Chairman THOMAS G. ABERNETHY, Mississippi

JOEL T. BROYHILL, Virginia HOWARD W. SMITH, Virginia

JAMES C. AUCHINCLOSs, New Jersey WILLIAM L. DAWSON, Illinois

WILLIAM L. SPRINGER, Illinois JOHN BELL WILLIAMS, Mississippi

ANCHER NELSEN, Minnesota ABRAHAM J. MULTER, New York

ALVIN E. O'KONSKI, Wisconsin JOHN DOWDY, Texas

WILLIAM H. HARSHA, Ohio GEORGE HUDDLESTON, JR., Alabama CHARLES MCC. MATHIAS, JR., Maryland BASIL L. WHITENER, North Carolina

FRED SCHWENGEL, Iowa JEFFERY COHELAN, California

FRANK J. HORTON, New York
FERNAND J. ST GERMAIN, Rhode Island RICHARD L. ROUDEBUSH, Indiana
JAMES W. TRIMBLE, Arkansas
B. T. SISK, California
CHARLES C. DIGGS, Jr., Michigan
G. ELLIOTT HAGAN, Georgia

JAMDB T. CLARK, Olerk
CLAYTON GASQUB, Staf Director

HAYDDN 8. GARBDR, Counsel

SUBCOMMITTEE 6

BASIL L. WHITENER, North Carolina, Chairman WILLIAM L. DAWSON, Illinois

ANCHER NELSEN, Minnesota JOHN BELL WILLIAMS, Mississippi

WILLIAM H. HARSHA, Ohio JOHN DOWDY, Texas

FRANK J. HORTON, New York G. ELLIOTT HAGAN, Georgia

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STATEMENTS Bar Association of the District of Columbia:

Page Ballard, Frederick A...

176, 189 Campbell, Edmund D.

175, 191 Hobbs, Charles A..

175, 193 Jackson, Thomas S., president.

175 Powell, John E.

175, 186 Sitnick, Joseph H.

175, 177 Chevy Chase Citizens' Association, Public Protection Committee, F. McKey Smith, chairman...

249 Crime Commission of Metropolitan Washington, Hon. Robert E. McLaughlin, president..

91 Democratic Central Committee of the District of Columbia, Joseph L. Rauh, Jr., vice chairman.

242 Department of Justice, David C. Acheson, U.S. attorney for the District of Columbia..

136 Dingell, Hon. John D., a Representative in Congress from the State of Michigan.

60 District of Columbia government: Gimbel, Gilbert, Assistant Corporation Counsel

39 Kneipp, Robert, Assistant Corporation Counsel

19 Layton, John B., Deputy Chief of Police.

75 Liverman, William J., Deputy Chief of Police

85 Murray, Robert V., Chief of Police.

75, 262 Tobriner, Hon. Walter N., President, Board of Commissioners... 19, 37, 39 Wilson, Jerry V., Captain of Police.

75 District of Columbia Republican Committee: Newman, Ted..

109 Wilson, J. Franklin.

109 Federation of Citizens Associations of the District of Columbia, Lewis H. Ulman, chairman, law and legislation committee.

118 Greater Washington Food Wholesalers, Sidney Kolker, president.

165 Inbau, Fred E., professor of law, Northwestern University

207, 260 International Association of Chiefs of Police, Stanley R. Schrotel, president

68 Kyl, Hon. John, a Representative in Congress from the State of Iowa... 129 Metropolitan Washington Board of Trade, William K. Norwood, chairman, public protection committee..

103 Meyer, Hermine Herta..

172 National Capital Civil Liberties Union, James E. Hogan

167 National Ride Association of America, Franklin L. Orth, executive vice president

123 Restaurant Beverage Association, Sanford Bomstein.

257 Washington Taxpayers' Association, Rufus S. Lusk, Sr., president... 162

MATERIAL SUPPLIED FOR THE RECORD Association of the Oldest Inhabitants of the District of Columbia, Clifford H. Newell..

265 Beer, Peter C., vice president, International Armament Corp., letter dated April 29, 1963, to Congressman Broyhill.

123 Breed, Richard,' vice president, Interarmco, Ltd., letter dated April 23, 1963, to Congressman Broyhill..

123 Clarke, Brig. Gen. Frederick J., Acting President, Board of Commis

sioners, District of Columbia, letter dated February 25, 1963, to Hon. John W. McCormack, Speaker of the House of Representatives...

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246
248

266

153

Clemmer, Donald, chairman, Council on Law Enforcement in the District

of Columbia:

Letter dated May 7, 1963.

Letter dated May 9, 1963..

Comstock, Hon. Hilliard, judge, superior court, State of California, letter

to Chairman McMillan

Department of Justice:

Letter dated March 11, 1963, to Bureau of the Budget in re detention

of material witnesses.

Letter dated May 16, 1963, to Chairman McMillan in re various

crime bills..

Draper, Mrs. Elizabeth, corresponding secretary, Capitol Hill Southeast

Citizens Association:

Letter dated January 18, 1963, to Chairman McMillan.

Letter dated April 24, 1963, to Chairman Whitener.

Inbau, Fred E., article entitled “The Confession Dilemma in the U.S.

Supreme Court”

Kneipp, Robert F., Assistant Corporation Counsel, District of Columbia,

letter dated May 10, 1963, to Chairman Whitener.

Bennett, James V., Director of the Bureau of Prisons, letter from dated

March 5, 1963, to David C. Acheson, U.S. attorney, District of Co-

lumbia..

Letter from Michael J. Murphy, police commissioner of New York City,

dated March 13, 1963, to Robert V. Murray, Chief of Police, Wash-

ington, D.C.---

McLaughlin, Hon. Robert E., President, Crime Commission of Metro-

politan Washington:

Letter dated April 24, 1963, with questionnaire enclosed...

Statement of general program...

Memorandum.-

Meyer, Hermine Herta, supplemental statement-

Murray, Robert V., Chief of Police, District of Columbia:

Letter dated April 5, 1963, to Chairman McMillan.

Letter dated April 5, 1963, to Chairman McMillan, enclosing letter

of April 1, 1963, from Howard O. Johnson, chief of police of Mil-

waukee, Wis.

Letter dated May 1, 1963, to Chairman Whitener in re crimes of

violence.

Memorandum on District of Columbia firearms law.

Letter dated May 1, 1963, to Chairman Whitener...

Weapons used in homicides and aggravated assaults.-

Property attacked in housebreaking cases---

Tobriner, Hon. Walter N., President, Board of Commissioners, District of

Columbia:

Letter dated March 6, 1963, to Chairman McMillan.-

Letter dated April 5, 1963, to Hon. John W. McCormack, Speaker of

the House of Representatives -

Letter dated April 24, 1963, to Chairman McMillan.

Letter dated March 12, 1963, to Hon. John W. McCormack, Speaker

of the House of Representatives.

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