Page images


public notice has been given that some portion of the grain in his warehouse is out of condition or becoming so, such warehouseman shall deliver grain of quality equal to that received by him on all receipts as presented. In case, however, any Grain out of warehouseman of Classes A and B shall discover that any portion of the grain in his warehouse is out of condition or becoming so, and it is not in his power to preserve the same, he shall immediately give public notice by advertisement in a daily newspaper in which warehouse is situated, and by posting a notice in the most public place for such a purpose in such city, of its actual conditon as near as he can ascertain it, shall state in such notice the kind and grade of the grain and the bins in which it is stored, and shall also state in such notice the receipts outstanding upon which such grain will be delivered, giving the numbers, amounts, and dates of each, which receipts shall be those of the oldest dates then in circulation or uncanceled, the grain represented by which has not previously been declared or receipted for as out of condition, or if the grain longest in store has not been receipted for he shall so state and shall give the name of the party for whom such grain was stored, the date it was received and the amount of it, and the enumeration of receipts and the identification of grain so discredited shall embrace, as near as may be, as great a quantity of grain as is contained in such bins, and such grain shall be delivered upon the return and cancellation of the receipts and the unreceipted grain upon the request of the owner or person in charge thereof. Nothing herein contained shall be held to relieve the said warehouseman from exercis

ing proper care and vigilance in preserving such grain after publication of its condition, but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in store in such warehouse. Any warehouseman guilty of any act or neglect, the effect of which is to depreciate property stored in the warehouse under his control, shall be held responsible as at common law, or upon the bond of such warehouseman, and in addition thereto the license of such warehouseman shall be revoked. Nothing in this section shall be 80 construed as to permit any warehouseman to deliver any grain stored in a special bin or by itself, as provided in this act, to any but the owner

, of the lot, whether the same be represented by a warehouse receipt or otherwise. In case the grain declared out of condition, as herein provided for, shall not be removed from store by the owner thereof within one month from the date of the notice of its being out of condition, it shall be lawful for the warehouseman where the grain is stored to sell the same at public auction for the account of said owner, by giving ten days' notice by advertisement in a daily newspaper, if there be such pubished in the city or town where such warehouse is located.

Sec. 20a. Tampering with grain stored-Private business— Drying CleaningMoving.—It shall not be lawful for any public warehouseman to mix any grain of different grades together or to select different qualities of the same grade for the purpose of storing or delivering the same, nor shall he attempt to deliver grain of one grade for an

Mixing and inmpering with grain.

[ocr errors]

, ing grain.

other, or in any way tamper with grain while in his possession or custody, with a view of securing any profit to himself or any other person, and in no case, even of grain stored in a separate bin, shall he be permitted to mix grain of different grades together while in store. He may, however, Drying, cleanon request of the owner of any grain stored in a private bin, be permitted to dry, clean, or otherwise improve the condition or value of any such lot of grain, but in such case it shall only be delivered as such separate lot or as the grade it was originally when received by him, without reference to the grade it may be as improved by such process of drying or cleaning. Nothing in this section, however, shall prevent any warehouseman from moving grain while within his warehouse for its preservation or safe keeping.

Sec. 21a. Examination of grain and scales, Et proption Incorrect scales.-All persons owning property or who may be interested in the same in any public warehouse, and all duly authorized inspectors of such property, shall at all times during ordinary business hours be at full liberty to examine any and all property stored in any public warehouse in this state, and all proper facilities shall be extended to such person by the warehouseman, his agent and his servants, for an examination, and all parts of public warehouses shall be free for the inspection and examination of any person interested in property stored therein, or of any authorized inspector of such property; and all scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized inspector or sealer of weights and

of and scales.

Incorrect scales.

Grain to be inspected.

[ocr errors]

measures at any time when required by any person
or persons, agent or agents, whose property has
been or is to be weighed on such scales, the expense
of such test by an inspector or sealer to be paid by
the warehouse proprietor if the scales are found
incorrect, but not otherwise. Any warehouseman
who may be guilty of continuing to use scales
found to be in an imperfect or incorrect condition
by such examination and test, until the same shall
have been pronounced correct and properly sealed,
shall be liable to be proceeded against as herein-
after provided.

SEC. 22a. Grain must be inspected.In all
places where there is legally appointed inspectors
of grain, no proprietor or manager of a public
warehouse of Classes A and B shall be permitted
to receive any grain and mix the same with the
grain of other owners in the storage thereof until
the same shall have been inspected and graded by
said inspector.

Sec. 23a. Any person who shall assume to act as an inspector of grain who has not been legally appointed and sworn shall be held to be an impostor and shall be punished by a fine of not less than one hundred ($100) dollars nor more than two hundred ($200) dollars for each and every attempt to so inspect grain, to be recovered before a justice of the peace.

SEC. 24a. Misconduct of inspectorInfluencing. properly bintu — Any duly authorized inspector of grain who

shall be guilty of neglect of duty, or who shall
knowingly or carelessly inspect or grade any grain
improperly, or who shall accept any money or
other consideration, directly or indirectly, for any

Impersonating inspector.

[ocr errors]

Misconduct of inspector; imonciug same.

of consignee with

receiving prop


neglect of duty as such inspector of grain, and any person who shall improperly influence any inspector of grain in the performance of his duties as such inspector, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars, in the discretion of the court, or shall be imprisoned in the-county jail not less than three nor more than twelve months, or both, in the discretion of the court.

Sec. 25a. Owner, etc., dissatisfied with inspec- Dlow nor of tionHis rights.—In case any owner or consignee inspection : of grain shall be dissatisfied with the inspection of any without any lot of grain, or shall from any cause desire to store. receive his property without its passing into store, he shall be at liberty to have the same withheld from going into any public warehouse (whether the property may have been previously consigned to such warehouse or not), by giving notice to the person or corporation in whose possession it may be at the time of giving such notice, and such grain shall be withheld from going into store and be delivered to him, subject only to such proper charges as may be a lien upon it prior to such notice. The grain, if in railroad cars, to be removed therefrom by such owner or consignee within twenty-four hours after such notice has been given to the railroad company having it in possession; Provided, Such railroad company place same in a proper and convenient place for unloading; and any person or corporation refusing to allow such owner or consignee to so receive his grain or other property in car loads shall be deemed guilty

« PreviousContinue »