Unlawful combinations.

Suits against warehouse

men.

of conversion and shall be liable to pay
such owner
or consignee double the value of the property so
converted. Notice that such grain or other prop-
erty is not to be delivered into store may also be
given to the proprietor or manager of any ware-
house into which it would otherwise have been
delivered, and if after such notice it be taken into
store in such warehouse, the proprietor or manager
of such warehouse shall be liable to the owner for
double its market value.

SEC. 26a. Combination.-It shall be unlawful for any proprietor, lessee, or manager of any public warehouse to enter into any contract, agreement, understanding or combination with any railroad company or other corporation, or with any individual or individuals, by which the property of any person is to be delivered to any public warehouse for storage or for any other purpose contrary to the direction of the owner, his agent or consignee. Any violation of this section shall subject the offender to be proceeded against as provided in the next section of this act.

SEC. 27a. Suits.-If any warehouseman shall be deemed guilty of a violation of any of the provisions of this act, it shall be lawful for any person injured by such violation to bring suit in any court of competent jurisdiction, upon the bond of such warehouseman, in the name of the people of the state of Nebraska to the use of such person. In all criminal prosecutions against a warehouseman for the violation of any of the provisions of this act it shall be the duty of the prosecuting attorney of the county in which said prosecution is brought to prosecute the same to a final issue, in the name of

and on behalf of the people of the state of Nebraska.

receipts

SEC. 28a. Warehouse receipts negotiable.-Ware- Warehouse house recipts for property stored in any class of negotiable, public warehouses as herein described shall be transferable by the endorsement of the party to whose order such receipt may be issued, and such endorsement shall be deemed a valid transfer of the property represented by such receipt, and may be made either in blank or to the order of another. All warehouse receipts for property stored in public warehouses of Class C shall distinctly state on their face the brand or distinguishing marks upon such property.

removal of

SEC. 29a. False receipts-Fraudulent removal. False receipts. -Any warehouseman of any public warehouse who shall be guilty of issuing any warehouse receipt for any property not actually in store at the time of issuing such receipt, or who shall be guilty of issuing any warehouse receipt in any respect fraudulent in its character, either as to its date or the quantity, quality, or inspected grade of such property, or who shall remove any property from Fraudulent store except to preserve it from fire or other sudden property. danger, without the return and cancellation of any and all outstanding receipts that may have been issued to represent such property, shall, when convicted thereof, be deemed guilty of a crime, and shall suffer, in addition to any other penalties prescribed by this act, imprisonment in the penitentiary for not less than one and not more than ten years.

saved.

SEC. 30a. Common law remedy saved.-Noth-Common law ing in this act shall deprive any person of any common law remedy now existing.

Copy of act to SEC. 31a. be posted.

Board of transportation to enforce law.

Repealing clause.

Printed copy of act posted.-All proprietors and managers of public warehouses shall keep posted up at all times, in a conspicuous place in their business offices and in each of their warehouses, a printed copy of this act.

SEC. 32a. Duty of board of transportation.—It shall be the duty of the board of transportation to see that the provisions of this act are duly enforced.

SEC. 33a. All acts or parts of acts inconsistent with this act are hereby repealed.

SYNOPSIS.

Duties of the

board of trans-
portation
under this
act.

DEFINING ADDITIONAL DUTIES OF THE BOARD OI
TRANSPORTATION IN COUNTIES WITH PUBLIC WARE

HOUSES.

SECTION 16. Additional duties of the board transportation. In addition to their present dutie the board of transportation shall examine into th condition and management and all other matter concerning the business of public warehouses i this state, so far as the same pertain to the relatio of such warehouses to the public and to the a

nodation and security of persons doing busi-
therewith, and whether such warehouses, their
rs, directors, managers, lessees, agents, and
oyes, comply with the laws of this state now
›rce or which shall hereafter be in force con-
ng them. And whenever it shall come to
knowledge, either upon complaint or other-
or they shall have reason to believe that any
law or laws have been or are being violated,
shall prosecute, or cause to be prosecuted, all
corporations or persons guilty of such vio-

1.

warehouseman

In order to enable said board of transpora to efficiently perform their duties under this it is hereby made their duty to cause one of number, at least once in six months, to visit county in the state in which is or shall be ed a public warehouse and personally inquire the management of such warehouse business. c. 2b. Statement by public warehouseman. Statement by shall be the duty of every owner, lessee, and to board. ager of every public warehouse in this state to Cash in writing, under oath, at such time as said bd of transportation shall require and prescribe, tement concerning the condition and manage; of his business as such warehouseman. c. 3b. Cancellation of warehouse licenses. board of transportation are hereby authorized ear and determine all applications for the cantion of warehouse licenses in this state which be issued in pursuance of any laws of this and for that purpose to make and adopt such 3 and regulations concerning such hearing and rmination as may from time to time by them leemed proper. And if, upon such hearing,

1

Cancellation of warehouse licenses.

Examination of business of warehouse

men.

Same; witnesses.

it shall appear that any public warehouseman has been guilty of violating any law of this state concerning the business of public warehousemen, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation, and no person whose license as a public warehouseman shall be canceled or revoked shall be entitled to another license or to carry on the business in this state of such public warehouseman until the expiration of not less than six months from the date of such revocation and cancellation, and until he shall have again been licensed; Provided, That this section shall not be construed as to prevent any such warehouseman from delivering any grain or other property on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void.

SEC. 46. Power to examine books, etc.-The property, books, records, accounts, papers, and proceedings of all such public warehousemen shall at all times, during business hours, be subject to the examination and inspection of the said board of transportation, and they shall have power to examine under oath or affirmation any and all owners, managers, lessees, agents, and employes of such public warehouses and other persons concerning any matter relating to the condition and management of such business.

SEC. 5b. May examine witnesses, etc.-In making any examinations as contemplated in this act or for the purpose of obtaining information pur