Imagens da página
PDF
ePub

voked within one year from the time of such revocation. [Id., $ 11.]

Must Receive Grain for Storage.*-SEC. 222. It shall be the duty of every public warehouseman to receive for storage any grain, dry and suitable for warehousing, that may be tendered to him in the usual manner in which warehouses are accustomed to receive the same in the ordinary and usual course of business, not making any discrimination in the persons de siring to avail themselves of warehouse facilities; such grain to be in all cases inspected and graded by a duly authorized inspector, but to be stored with grain of a similar grade; but if the owner or consignee request, and the warehouseman consent thereto, his grain of the same grade may be kept in a bin by itself apart from that of other owners, which bin shall thereupon be marked and known as a special bin. If a warehouse receipt be issued for grain so kept separate, it shall state on its face that it is a special bin, and shall state the number of such bin; and all grain delivered from such warehouse shall be inspected on its delivery by a duly authorized inspector of grain. Nothing in this section shall be construed to require the receipt. of any kind of grain into a warehouse in which there is not sufficient room to accommodate or store it properly, or in cases where such warehouse is necessarily closed. The charge for inspection upon receipt and delivery shall be paid by the warehouseman, and may be added to the charge of storage. The chief inspector may recover such charges of the warehouseman by an appropriate action in his name. [Id., § 12.] Warehouse Receipts.- SEC. 223. Upon the application of the owner or consignee of grain stored in a public warehouse, the same being accompanied with evidence that all transportation or other charges which may be a lien upon the grain, includ

* Grain deposited under provisions of this chapter does not become property of warehouseman. (54 Kan. 109.) Powers given to board of trade, etc., not to be used for gain or profit; injunction. (52 Kan. 95.)

ing the charges for freight, inspection, and weighing, have been paid, the warehouseman shall issue to the person entitled to receive it, a warehouse receipt therefor, subject to the order of the owner or consignee, which receipt shall bear date corresponding with the receipt of the grain in store, and shall state upon its face the quantity and inspected grade of the grain, and that the grade mentioned on it has been received into store to be stored with grain of the same grade by inspection, and that the grain represented thereby is deliverable upon the return of the receipt, properly indorsed by the person to whose order it was issued, and the payment of proper charges for storage. [G. S. 1901, § 3249.]

Receipts Numbered.- SEC. 224. All warehouse receipts for grain issued by 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 the case of a lost or destroyed receipt, in which case the new receipt shall bear the same date and number as the original, and shall be plainly marked on its face, "Duplicate." If the grain was received from railroad cars, the number of each car shall be stated on the receipt, with the amount it contained; if from barges or other vessels, the name of such craft; if from team or other means, the manner of its receipt shall be stated on its face. [Id., § 3250.]

Cancellation of Receipts.-SEC. 225. Upon the delivery of grain from store upon any receipt, such receipt shall be plainly marked across its face the word "Canceled," with name of the person canceling the same, and thereafter be void, and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt. No warehouse receipt shall be issued except upon an 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 or

parcel so received, nor shall more than one receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregated receipt 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 the store and the remainder is left, a new receipt may be issued for such remainder, but the new receipt shall bear the same date as the original, and shall state on its face that it is balance of receipt of the original number; and the receipt upon which a part has been delivered shall be canceled in the same manner as if it 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 more receipts into one, and the warehouseman consents thereto, the original receipt or receipts shall be canceled the same as if the grain had been delivered from the store, and the new receipt or receipts shall express on their face that they are a part of another receipt or consolidation of other receipts, as the case may be, and the number of the original receipts shall also appear on the new ones issued as explanatory of the change; but no consolidation of receipts differing more than ten days in date shall be permitted. All new receipts issued for old ones canceled as herein provided shall bear the same date as those originally issued, as near as may be. [Id., § 3251.]

Not to Limit Receipt.-SEC. 226. No warehouseman in this state shall insert in any receipt issued by him any language in anywise limiting or modifying his liabilities or responsibility as imposed by the laws of this state. [Id., § 3252.]

Property Delivered on Return of Receipt.-SEC. 227. On the return of any warehouse receipt properly indorsed, and the tender of all proper charges upon the property represented by it, such property shall be immediately delivered to the holder of such receipt, and shall not be subject to any further charges. for storage after demand for such delivery shall have been made; and the property represented by such receipt shall be

delivered within twenty-four hours after such demand shall have been made and the cars or vessels for transportation of same shall have been furnished. The warehouseman in default shall be liable to the owner of such receipt for damages occasioned by such default in the sum of one cent per bushel, and in addition thereto one cent per bushel for each and every day of such neglect or refusal to deliver: Provided, No warehouseman shall be held in default in delivering if the property is delivered in the order demanded and as rapidly as due diligence, care and prudence will justify; but no grain shall be delivered from store or warehouse until the receipt for same shall have been actually returned. [Id., § 3253.]

Must Furnish Sworn Statement of Condition and Management of Business.- SEC. 228. It shall be the duty of every owner, lessee and manager of every public warehouse in this state to furnish in writing, under oath, at such times as the chief inspector shall require, a statement concerning the condition and management of the business of such public warehouse. [Laws 1903, ch. 325, § 13.]

Statement of Each Kind of Grain to be Rendered and Posted.-SEC. 229. The manager of every public warehouse shall, on or before each Tuesday morning, cause to be made out, and shall keep posted up in the business office of such warehouse in a conspicuous place, a statement of the amount of each kind and grade of grain in store at his warehouse at the close of business on the previous Saturday, and shall on each Tuesday morning render a similar statement under oath, by some one having knowledge of the facts, to the chief inspector. He shall also furnish daily to said chief inspector a statement of the amount, each kind and grade of grain received in store in such warehouse on the previous day for which receipts have been issued, and what warehouse receipts upon which the grain has been delivered on such day have been canceled, giving the number of such receipt, and the amount, kind and grade of

grain received and shipped upon each; also, how much grain, if any, was so delivered and shipped, and the kind and grade of it, for which warehouse receipts have not been issued, the aggregate of such reported cancellation and delivery of unreceipted grain corresponding in amount, kind and grade with the amount so reported delivered and shipped. He shall also at the same time report what receipts, if any, have been canceled and new ones issued in their stead, and shall furnish the chief inspector any further information regarding the receipts issued or canceled that may be necessary for him to keep a full and correct record of all receipts issued and canceled and the grain received and delivered. [Id., § 14.]

Publish Schedule of Rates.-SEC. 230. Every warehouseman of public warehouses located in this state shall be required, during the first week in September of each year, to publish in one or more of the newspapers (daily if there is such) published in the city or village in which such warehouse is situated, a table or schedule of rates for the storage of grain in his warehouse during the ensuing year; which rates shall not be increased during such year. The maximum charge for storage and handling of grain, including the cost of receiving and delivering, shall be for the first fifteen days or part thereof, one cent per bushel; and for each fifteen days or part thereof after the first fifteen days, one-half cent per bushel; and for continuous storage between the fifteenth day of November and fifteenth day of May following, not more than four cents a bushel. [G. S. 1901, § 3256.]

Permitted to Dry or Clean.-SEC. 231. Any public warehouseman may, on the written request of the owner of any grain stored in a private bin, upon the surrender of the receipt therefor, be permitted to dry, clean, or otherwise change the condition or value of any such lot of grain; but in such case it shall only be delivered as such separate lot, without reference to the grade it may be made by such process of drying or clean

« AnteriorContinuar »