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Jic warehouse in this Territory, who shall be a grain expert, and who shall be known as the Chief Inspector of Grain for the Territory of Oklahoma, whose term of ser: vice as such shall continue for two years from the date of his appointment under this Act, and until his successor
is appointed and qualified. Supervisioa. SECTION 2. It shall be the duty i the Chief Inspector
to have general supervision of the inspection of grain as
required by this Act or laws of this Territory. Public ware- SECTION 3. Public warehouses shall embrace all ware
houses, elevators and granaries in which is stored grain in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots cannot be accurately preserved: Provided, That no warehouse, elevator or granary with a capacity of less than 25,000 bushels meas.
vrement shall be considered a public warehouse. License to op- SECTION 4. The proprietor, lessee or manager of any
public warehouse shall be required, before transacting any business in such warehouse, to procure, from the district court of the county in which such warehouse is situated license permitting such proprietor, lessee
manager to transact business a public warehouseman under the laws of this Territory, which license shall be issued by the clerk of said court upon written application, which shall set forth the location and name of such warehouse and the individ. ual name of each person interested as owner or principal in the management of the same, or, if the warehouse be owned by or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated, and the said license shall give authority to carry on and conduct the business of a public warehouse in accordance with the laws of this Territory, and shall be revokable by the said court upon a summary proceeding before the court upon the complaint of any person, in writing, setting forth the particular violation of law, to be sustained by satisfactory proof to be taken in such manner as may be directed by the court.
SECTION 5. The person or persons receiving a license Warehouseas herin provided shall file with the clerk of the court granting the same a bond to the people of the Territory of Cklahoma, with good and sufficient surety to be approved by said court, in the penal sums as per the following schedule of capacities by measurement: For a public warehouse with a capacity not exceeding 100,000 bushels, $25,000. For a public warehouse with capacity of more than 100,000 bushels and not exceeding 200,000 bushels, $40,000. For a public warehouse with a capacity of more than 200,000 bushels and not exceeding 300,000 bushels, $60,000. For a public warehouse with a capacity of more than 300,000 and not exceeding 400,000 bushels, $75,000, conditional for the faithful performance of his or their duties as public warehouseman or warehousemen, as surety for any penalties found by due course of law for violation of any clause of this Act, and his or their full and unreserved compliance with the laws of this Territory in relation thereto.
SECTION 6. Any person or persons who shall transact Conducting the business of public warehouseman or warehousemen, without without first procuring license and giving a bond as herein provided, or who shall continue to transact such business after such license had been revoked, or such bond may have become void or found insufficient surety for the penal sum in which it is executed by the court approving the same, (save only that he may be permitted to deliver property previously stored in such warehouse) shall be guilty of a misdemeanor, and upon conviction be fined in a sum not less than $100 nor more than $500 for each and every day such business is carried on, and the court that issued may refuse to renew any license or grant a new one to any person or persons whose license has been revoked, within one year from the time same was revoked. SECTION 7. It shall be the duty of the person or per- Receiving
grain. sons doing a public warehouse business under this Act, to receive for storage any grain that may be tendered to
him or them in the usual manner with which warehouses are accustomed to receive the same in the ordinary and usual course of businezs, and to not discriminate between persons desiring to avail themselves of warehouse facilities, and that the schedule of charge for such warehouse service shall be uniform, regardless of quantities
of lots so offered or received. Inspection, SECTION 8. Receipts of grain by public warehouses in receipt.
all cases shall be inspected and graded by a duly authorized inspector and shall be stored with grain of a similar grade received as near the same time as may be; but if the owner or consignee so requests and the warehouseman consents thereto, his grain of the same grade may be kept in a bin by itself apart from that of the general stock of the warehouse, which bin shall be marked “special," with the name of the owner and with the quantity and grade of same, and the warehouse receipt issued for same shall state upon its face that the grain is stored in a special bin, giving the number of same and the quantity and grade of the grain so stored.
SECTION 9. No grain shall be delivered from a public livered unless inspected. warehouse constituted by this Act unless it be inspected
by a duly authorized inspector, and found to be of grade called for by receipt presented for such delivery.
SECTION 10. Public warehousemen shall not mix any grades not
grain of different grades together, nor select or mix different qualities of the same grade for the purpose of storing or delivering the same, nor shall they deliver or at. tempt to deliver grain of one grade for grain of another grade, nor in any way tamper with grain while in a public warehouse in his or their possession or custody, nor permit the same to be done by others with the view or result of profit to any one; and in no case shall grain of different grades, either from the general stock or from special bins, be mixed together while in store or control
of such public warehousemen. Preservation SECTION 11. Whenever it may be necessary, in order of grain.
to preserve the condition of any bia or lot of grain stored
Grain not de
until inspec tion.
in a public warehouse, to run the contents of said gra'n through machinery to air, clear or otherwise improve or preserve such condition, and it is so desired by the owner or warehouseman, this may be done, but in such manner as will insure the contents of each bin or lot intact, and of the same grade as when stored; but this shall not be done except under the supervision of an authorized inspector urder this Act.
SECTION 12. Nothing in this Act shall be construed Grain refused so as to compel the receipt of grain into any warehouse in which there is not sufficient room to accomodate or store it properly, or in cases where such warehouse is necessarily closed.
SECTION 13. In all places where there are legally ap. Not mixed pointed inspectors of grain, no proprietor or manager of a public warehouse shall be permitted to receive any grain and mix the same with grain of other owners in the storage thereof, or stored in special bins, until the same shall have been inspected and graded by such inspector.
SECTION 14. No warehouseman, agent or manager of Combination a public warehouse shall enter into any combination, pruhivited. agreement or understanding with any railroad, transfer or other carrying corporation, or with any person or persons, by which the property of any person is to be deliver. ed to any public warehouse for storage, or other purpose, contrary to the direction of the owner, his agent or assignee. SECTION 15. Upon application of the owner or con- Warehouse
receipt, consignee of grain stored in a public warehouse, the same be-tents. ing accompanied with evidence that all charges which may be a lien upon such grain, including charges for inspection, 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 recept 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 grain mentioned in it has been received into store to be stored
with grain of the same grade by inspection rereived at about the date of the receipt, and that it is deliverable upon the return of the receipt properly endorsed by the person to whose order it was issued. and upon the pay. ment of the charges accrued 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 case of a lost or de stroyed receipt, in which case the new receipt shall bear the same date and number as the original, and shall be plainly marked upon its face, “duplicate.” If the grain for which the receipts are issued was received from railroad cars, the number of each car shall be stated in the receipt, with the amount each car contained; if from wagons or other means, it shall be so stated; if having been bulked from sacks, the manner of its receipt shall be stated upon the face of such receipt for grain stored.
SECTION 16. No warehouse receipt shall be issued except upon actual delivery of grain 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 than was contained in the lot stated to have been received; nor shall more than one receipt be issued for the same lot of grain except in cases where receipts 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 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 the balance of receipt of the original number, and the receipt upon which a part has been delivered shall be cancelled in the same manner as if the grain it called for 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 mcre receipts into one, and the ware