distinct from the grain of all other persons, shall be denominated private warehousemen; and all persons keeping a warehouse for the storing of grain in bulk, and in which the grain of different owners shall in any way be mixed, shall be denominated public warehousemen.* [Id., § 1436.]

private ware

Give Receipt.-SEC. 211. Every houseman receiving grain into store shall, on demand of the owner thereof, receipt to such owner, setting forth the quantity, kind and grade of such grain, which receipt, in any action against such warehouseman for damages to such grain, or for other cause relating thereto, shall be evidence of the quantity, kind and grade of such grain, and when received by such warehouseman. [Id., § 1437.]

Grain Kept Separate.-SEC. 212. Every private warehouseman shall keep the grain of every person that may be stored with such warehouseman entirely separate and distinct from the grain or property of a like nature, kind or quality of any other person or persons; and upon the surrender of the warehouse receipt provided in section three of this act, shall deliver to the person so surrendering the same the identical grain described in such receipt, and for which said receipt was issued. [Id., § 1438.]

Grain in Bulk.-SEC. 213. It shall be lawful for public warehousemen to store grain in bulk, and mix the grain of like kind and grade of different owners; and the provisions of this act prohibiting the mixing of the grain of different owners have no application to public warehousemen. [Id., § 1439.]

Receipts; numbered; duplicates; cancellation; punishment. SEC. 214. All warehouse receipts issued to the owners of grain stored in any warehouse shall be consecutively. numbered, and no two receipts bearing the same number shall be issued for the same grade of grain by any warehouseman

The italicized words are probably repealed by post, § 218.

from the same warehouse during the same calendar year; nor shall any warehouseman issue to any person any second receipt. for any grain in store while any former or other receipt for the same grain, or any part thereof, shall be outstanding and uncanceled, except in cases of lost receipts, when "duplicates," so marked, may be issued; nor shall any receipt be issued to any person for a greater amount of grain than such person shall have delivered in store at the time of the issuing of such receipt; nor shall any receipt be reissued on which grain has once been delivered; nor shall any receipt be issued unless the grain for which such receipt is issued shall be actually in store and under the control of the warehouseman issuing such receipt at the time such receipt was issued; and every receipt, when once surrendered, and the grain for which it was issued delivered, shall be canceled, and shall never thereafter be put in circulation. Any person who shall violate any of the provisions of this section, or who shall negotiate or put in circulation any warehouse receipt. issued in violation of any of the provisions of this act, knowing the fraudulent character of such receipt, shall be deemed guilty of a felony, and on conviction thereof shall be fined in a sum not less than one thousand dollars nor more than five thousand dollars, and imprisoned in the penitentiary not less than one year nor more than five years. [Id., § 1440. ] Right to Visit Scales.- SEC. 215. All persons interested in any grain stored in any warehouse shall at all times have the right to visit such warehouse, and every part thereof containing grain, and shall have the right to examine the bin or bins into which his grain is being delivered, or from which it is being taken, or into which it is or may be stored, and shall also have the right to inspect and test the scales on which such grain is being weighed; and in case any inaccuracy is suspected, may demand that the public sealer of weights may test the said scales. If they are found correct, he shall pay the fees of such sealer, but if found incorrect, such fees shall be paid by the

warehouse-keeper. And all persons authorized by law to inspect or grade grain shall have the right, during business hours, to visit and examine all the bins of each warehouse and the grain therein stored. [Id., § 1442.]

Damaged Grain.- SEC. 216. It shall be lawful for any public warehouseman to sell any or all damaged grain which has remained in store for one year or more, and which shall have become damaged while stored in his warehouse, for account of parties having claim thereto, after giving thirty days' notice by publication in some newspaper published in the city or town where such warehouse is situated. [Id., § 1443.]

Duties of Railway Companies; Liability; Notice to Consignee. SEC. 217. It shall be unlawful for any railroad or railway company to deliver any grain into any warehouse other than that to which it is consigned, without consent of the owner or consignee thereof; and it shall be the duty of said party or parties, at the time of shipment of said grain, or before it reaches its destination, to give notice to the railroad or railway company, by card on the car or otherwise, of the warehouse into which said grain is to be delivered; and for the failure to deliver grain according to the direction of the owner or consignee thereof, such railroad or railway company shall be liable to the warehouseman to whom the same should have been delivered for two months' storage of all such grain so consigned or refused, and also to such warehouseman and to the owner of such grain for all other damages either of them may have sustained by reason of such refusal or neglect of said railroad or railway company, including all necessary expenses incurred by him or them in the prosecution of suit or suits against such railroad or railway company; or if such grain is to be taken from the cars without delivery into any warehouse, the railroad or railway company shall be notified in like manner thereof; and in such case said railroad or railway company shall notify said owner or consignee of the arrival of said grain at its destination,

and give a reasonable time for the removal of the same; and for the failure to give such notice when necessary, to the owner or consignee, of the arrival of grain, or for delivery of the same into any warehouse without, the consent of such owner or consignee, or without notice or opportunity to remove the same from the cars of said railroad or railway company where said consent. is not given, such railroad or railway company shall be liable to the owner of such grain for all damages he may have sustained by reason of the illegal action of such railroad or railway company, including all necessary expenses incurred by him in the prosecution of such suits therefor, and all necessary expenses incurred by him against other parties to recover possession of such grain. [Id., § 1444.]

PUBLIC.

Public Warehouses.- SEC. 218. That all elevators or warehouses located in this state in which grain is stored 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 or parcels cannot be accurately preserved, and doing business for a compensation, and having capacities of less than seventy-five thousand bushels each, are hereby declared public warehouses. [Id., § 3244.]

Must Procure License.-SEC. 219. The proprietor, lessee or manager of any public warehouse shall be required, before transacting any business, to procure from the chief inspector of grain a license permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this state, which license shall be issued by said chief inspector upon written application therefor; and said application shall set forth the name of such warehouse and the individual name of each person interested as owner or principal in the management of the same, or, if the warehouse be owned or managed by a corporation, the name of the president and secretary shall be stated; and said license shall give authority to

carry on and conduct the business of a public warehouse in accordance with the laws of the state, and shall be revocable by the chief inspector upon a summary proceeding before him, upon complaint of any person in writing, setting forth the particular violation of law, satisfactory proof, to be taken in such manner as such chief inspector may direct, having first been made of such violation. [Laws 1903, ch. 325, § 9.] .

And File Bond.- SEC. 220. Any person, company or corporation receiving a license as herein provided shall immediately file with the secretary of state a bond to the state of Kansas for the benefit of all persons interested, with good and sufficient sureties, approved by said chief inspector, in the penal sum of not less than ten thousand dollars nor more than fifty thousand dollars, in the discretion of such chief inspector, conditioned for the faithful performance of duties as a public warehouse [warehouseman], and full and unreserved compliance with all the laws of this state in relation thereto. A fee of two dollars for the issuance of each license and filing of said bond shall be paid to the secretary of state: Provided, That when any person, company or corporation procures a license for more than one warehouse in any one county of this state, but one bond need be given. [Id., § 10.]

Penalty.- SEC. 221. Any person who shall transact the business of a public warehouseman without first procuring a license and filing said bond as hereinbefore provided, or who shall continue to transact any such business after such license has been revoked (save only that he be permitted to deliver property previously stored in such warehouse), shall on conviction thereof be fined in the sum of not less than one hundred dollars nor more than five hundred dollars for each and every day such business is so carried on; and the chief inspector may refuse to renew any license or grant a new one to any person, company or corporation whose license has been re