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houseman consents thereto, the original receipt shall be cancelled the same as if the grain had been delivered from store; and the new receipts shall state on their face that they are parts of other receipts or a consolidation of other receipts, as the case may be; and the numbers of the original receipts shall also appear upon the new ones issued explaining 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 cancelled as herein provided shall bear the same dates as those originally issued as near as may be.
SECTION 17. No warehouseman under this Act shall Liability not insert, in any receipt issued for grain received, any language in anywise limiting or modifying þis responsibility or liability as imposed by the laws of this Territory.
SECTION 18, Upon delivery of grain from store upon Receirt canany receipt, such receipt shall be plainly marked
its face with the word “cancelled", with the name of the person cancelling the same, and shall thereafter be void and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt.
SECTION 19. Warehouse receipts for property stored Receipt, trans in warehouses created by this Act, as herein described, shall be transferable by the indorsement of the party to whose order such receipt may be issued, and such indorsement 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.
SECTION 20. Any warehouseman of any public ware- Fraudulent house created by this Act, employee in such warehouse, alty for issuor owner or manager connected with same, 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 store,
(except to preserve it from fire or other sudden danger), without the return and cancellation of any and all outstanding receipts that may have been issued to repre. sent such property, shall, when convicted thereof, be guilty of a felony, and shall suffer, in addition to other penalties prescribed by this Act, imprisonment in the peniten
tiary for not less than two nor more than ten years. Receipt re.
SECTION 21. Upon the return of any warehouse re eipt turned, grain delivered. issued by persons in charge of warehouses created by
this Act, and the demand for the delivery of property represented by such receipt, duly endorsed, (if not presented by original holder), accompanied by the tender of all proper charges upon the property represented, such property shall be immediately deliverable to the holder of such receipt, and it shall not be subject to further charges for storage after demand for such delivery shall have been made, and deliveries shall be made by the warehouseman in the order in which such receipts are repre
sented and demand for deliveries made. Storage rates,
SECTION 22. The manager of every public warehouse publication of
created by this Act shall be required, within ninety days after the passage of this Act, and during the first week in January of each year thereafter, to publish, in one or more of the newspapers published in the vicinity in which such warehouse is situated, a schedule of rates for the storage of grain in his warehouse during the ensuing year, which rates shall not be increased during the year, and such published rates or any published reduction of them shall apply to all grain received into such warehouse from any person or source, and no discrimination shall be made, directly or indirectly, for or against any person, in any charges made by such warehouseman for the storage of grain. The maximum charge for storage and handling of grain, including the cost of receiving and delivering, shall be for the first ten days or part thereof, two cents per bushel, and for each ten days or part thereof after the first ten days, one-half of one cent per bushel.
SECTION 23. The manager of every public warehouse Warehousecreated under this Act, shall, on or before Tuesday morn- ments, reports. ing of each week, cause to be made out, and keep posted in the business office 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 his business on the previous Saturday. He shall also be required to furnish weekly to the Board of Commissioners herein. after provided for, a correct statement of the amount of each kind of grain and grade of same received in store in such warehouse during the previous week, also the amount of each kind of each grade of grain delivered or shipped by such warehouse during the previous week, and what warehouse receipts have been cancelled upon which the grain has been delivered during such week, giving the number of each receipt and the amount, kind and grade of grain received and shipped upon each; how much through grain in transit to points outside of the Territory, if any, may have been received for trans-shipment for which warehouse receipts have not been issued, was so shipped or delivered, and the kind and grade of it, when and how such unreceipted grain was received. He shall also make weekly reports to the said Commissioners of receipts and deliveries of such unreceipted grain, if any, received for the account of owners of such warehouse, either directly or indirectly, with the amount, kind and grade of same. He shall also report weekly to the Commissioners what receipts, if any, have been cancelled and new ones issued in their stead as hertin provided for. He shall also make such further statements to the Commissioners regarding receipts issued or cancelled as may be necessary for the keeping of a full and correct record of all receipts issued and cancelled and of grain received and delivered. SECTION 24. The owners of public warehouses, under Loss or dam
age by fire this Act, shall not be held responsibly for any loss or responsibility:
preservation damage to property by fire while in their custody: Pro- of grain. vided, Reasonable care and vigilance be exercised to protect and preserve the same; nor shall they be held liable
for damage to grain by heating, if it can be shown that proper care has been exercised in handling and storing the same, and that such damage was the result of causes beyond their control; but unless public notice be given that some portion of the grain in store is out of condition or becoming so, grain of equal quality to that received shall be delivered on all receipts presented. however, any warehouseman 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, if one is published in the city or town in which such warehouse is situated, and by posting a notice in the most public place for such a purpose in such city or town of its actual condition, as near as it can be ascertained. Such notice shall state the kind and grade of the grain, and give the number of 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 and amounts and dates of each, which receipts shall be those of the oldest dates then in circulation or uncancelled, the grain represented by which has not previously been declared or receipted for as out of condition. The enumeration of receipts and 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 so declared to represent it, upon the request of the owner thereof. Nothing herein contained shall be held to relieve the said warehouseman from exercising proper care and vigilance in preserving such grain after such 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. In case the grain declared out of condition, as herein provided for, shall not be removed from store by the owner thereof within two months 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 account of said owner, by giving ten days public notice by advertisement in a daily newspaper, if there be one published in the city or town where such warehouse is located. SECTION 25. Any warehouseman proven guilty of any Warehouse
man, negliact of neglicence, the effect of which is to depreciate the gence, re:
sponsibility. condition of property stored in the warehouse under his control, shall be held responsible upon the bond given for such warehouse, and in addition thereto, the license given for such warehouse shall be revoked by a proceeding as hereinbefore statéd. SECTION 26. It shall be the duty of every owner, lessee tatement
under oathi. and manager of every public warehouse in this Territory to furnish, in writing, under oath, at such time as the Commissioners hereinafter provided for shall require and prescribe, a statement concerning the condition and management of his business as such warehouseman. SECTION 27. All proprietors or managers of public Copy of this
Act posted. warehouses in this Territory shall keep posted up at all times in a conspicuous place in their offices, and in each of their warehouses, a printed copy of this Act.
SECTION 28. All persons owning property, or who may Warehouse be interested in the same, stored in any public warehouse isi scales created by this Act, 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 Territory, and all proper facilities shall be extended to such persons by the warehouseman, his agents and 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 by any authorized inspector of such property. All scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized inspector, the expense of such tests by inspector to be paid by the warehouseman where scales are so tested, and no scales shall
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