grain.

man of Classes A and B to receive for storage or shipment any grain that may be tendered to him in the usual manner in which warehouses are accustomed to receive the same in the ordinary and usual course of business, not making any discrimination between persons desiring to avail themselves of warehouse facilities; and in the case of every warehouseman of Class A, such grain in all cases shall be inspected and guarded by a duly author- Inspection of ized inspector, and stored with grain of a similar grade received at the same time, as near as may be.. In no case shall grain of different grades be mixed Mixing grain. together in warehouses of Class A while in store, but if the owner or consignee so requests, and the warehousemen consent thereto, his grain of the same grade may be kept in a bin by itself, apart from that of the owners, which bin shall thereupon be marked and known as a "separate bin." If a warehouse receipt be issued for grain so kept sepa- Receipts. rate, it shall state on its face that it is in a separate bin, and shall state the number of such bin, and no grain shall be delivered from such warehouse of Class A unless it be inspected on the delivery thereof, by a duly authorized inspector of grain. Nothing in this section shall be so construed as to require the receipt of grain into any warehouse in which there is not sufficient room to accommodate or store it properly, or in cases where such warehouses are necessarily closed.

contents of

SEC. 10a. Manner of issuing receipt, Class A.-Issuance and Upon application of the owner or consignee of receipts. grain stored in a public warehouse of Class A, the same being accompanied with evidence that all transportation or other charges which may be a

368

Canceling receipts.

lien upon such grain, including charges for inspec tion, have been paid, the warehousemen shall issue to the person entitled thereto a warehouse receipt therefor, subject to the order of the owner or consignee, which receipt shall bear date corresponding with the receipt of the grain into store, and shall state upon its face the quantity and inspected grade of the grain, and that the grade mentioned in it has been received into store, to be stored with grain of the same grade by inspection, received at about the date of the receipt, and that it is delivered upon the return of the receipt, properly endorsed by the person to whose order it was issued, and the payment of proper charges for storage. All warehouse receipts for grain issued from the same warehouse shall be consecutively numbered, and no two receipts bearing the same number shall be issued from the same warehouse during any one year except in the case of a lost or destroyed receipt, in which case the new receipt shall bear the same date and number as the original and shall be plainly marked on its face "duplicate." If the grain was received from railroad cars, the number of each car shall be stated upon the receipt, with the amount it contained; if from canal boat, barge, or other vessel, the name and number of such craft; if from teams or by other means, the manner of its receipt shall be stated on its face. The number of the bin shall also be written on the face of the receipt when desired by the owner or consignee.

SEC. 11a. Canceling receipt.-Upon the delivery of grain or other property from store, upon any receipt, such receipt shall be plainly marked across

its face with the word "canceled," with the name of the person canceling the same, and shall thereafter be void, and shall not again be put in circulation; nor shall grain or other property be delivered twice upon the same receipt.

issuing and canceling

SEC. 12a. Further of issuing and canceling re- Further of ceipts.-No warehouse receipt shall be issued except receipts. upon the actual delivery of grain or other property into store in the warehouse from which it purports to be issued and which is to be represented by the receipt, nor shall any receipt be issued for a greater quantity of grain or other property than was contained in the lot or parcel stated to have been received, nor shall more than one receipt be issued for the same lot of grain or other property except in cases where receipt for a part of a lot are desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the grain or other property represented by the receipt is delivered out of store and the remainder is left, a new receipt may be issued for such remainder, but such new receipt shall bear the same date as the original, and shall state on its face that it is balance of receipt of the original number, and the receipt upon which a part has been delivered shall be canceled in the same manner as if it had all been delivered. In case it be desirable to divide one receipt into two or more, or in case it be desirable to consolidate two or more receipts into one, and the warehouseman consents thereto, the original receipt shall be canceled, the same as if the grain or other property had been delivered from store, and the new receipts shall express on their face that they are parts of other receipts or a con

Warehouseman not to

solidation of other receipts, as the case may be, and the number of the original receipts shall also appear upon the new ones issued as explanatory of the change, but no consolidation of receipts of dates differing more than ten days shall be permitted, and all new receipts issued for old ones canceled, as herein provided, shall bear the same dates as those originally issued as near as may be.

SEC. 13α. Not to limit liability.-No warelimit liability. houseman in this state shall insert in any receipt issued by him any language in anywise limiting or modifying his liabilities or responsibilities as imposed by the laws of this state.

Delivery of property.

Posting statement of grain.

SEC. 14a. Delivery of property.—On the return of any warehouse receipt issued by him, properly endorsed, and the tender of all proper charges upon the property represented by it, such property shall be deliverable to the holder of such receipt in the order demanded and as rapidly as due diligence, care, and prudence will justify. Unless the property represented by such receipt shall be promptly delivered as above, after such demand shall have been made, the warehouseman in default shall be liable to the owner of such receipt for damages for such default 10 per cent of the value of the property at the time of the demand, and in addition thereto 1 per cent of the value of the property for each and every day of such neglect or refusal to deliver.

SEC. 15a. Posting grain in store, statements to registrar, daily publications, canceled receipts, Class A.-The warehouseman of every public warehouse of Class A shall, on or before Tuesday morning of each week, cause to be made out and

ment to

ments.

shall keep posted in the business of his warehouse, in a conspicuous place, a statement of the amount of each kind and grade of grain in store in his warehouse at the close of business on the previous Saturday, and shall also, on each Tuesday morning, Weekly staterender a similar statement, made under oath before registrar. some officer authorized by law to administer oaths, by one of the principal owners or operators thereof, or by the book-keeper thereof, having personal knowledge of the facts, to the warehouse registrar appointed as hereinafter provided. They shall also be required to furnish daily to the same regis- Dally statetrar a correct statement of the amount of each kind and grade of grain received in store in such warehouse on the previous day; also the amount of each kind and grade of grain delivered or shipped by such warehouseman during the previous day, and what warehouse receipts have been canceled upon which the grain has been delivered on such day, giving the number of each receipt, and amount, kind, and grade of grain received and shipped upon each; also how much grain, if any, was so delivered or shipped and the kind and grade of it, for which warehouse receipts had not been issued, and when and how much unreceipted grain was received by them, the aggregate of such reported cancellations and delivery of unreceipted grain corresponding in amount, kind, and grade with the amount so reported delivered or shipped. They shall also at the same time report what receipts, if any, have been canceled and new ones issued in their stead, as herein provided for. And the warehouseman making such statements shall, in addition, furnish the said registrar any further information regard