Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18

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dollars nor more than two hundred (26O) dollars
and a forfeiture of all pay for any such printing to
be recovered in any court Of competent jurisdiction.
REGULATING WAREHOUSES;, ETC.
An Act to Regulate Warehouses, Inspection,
Weighing and Handling Of Grain.
Be It Enacted by the Legislative assembly of the
State of North Dakota:
SECTION l. All elevators or warehouses
located or to be located at Grand Forks,
Fargo. Wahpeton and Paramount. 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 diff
ferent lots or parcels cannot be accurately
preserved, and doing business for a com
pensation, are hereby declared to be public
warehouses.
SEC. 2. The proprietor, lessee or mana
ger of any public warehouse shall be re-
quired before transacting any business to
procure from the commissioners of rail
roads a license permitting such proprietor,
lessee or manager to transact business US a
public warehouseman under the laws of
this state, which license shall be issued by
the commissioners of railroads upon writ
ten application, which shall set forth the
location and name of such warehouse, and
the individual name OF each person inter-
tSUtu dS OWllCl u p1 lIlClpul LII IIlC lilttlldSC-
ment of the same; if the warehouse he own
ed or managed by a corporation, the name
of the president, secretary n treasurer OF
such corporation shall be stated, and the
said license shall give authority to carry
on and conduct the business of public
warehouse, In accordance with the laws Of
the state, and shall be revocable by said
commissioners upon a summary proceed
ing before the commissioners, upon COM
plant of any person in writing, setting
fourth the particular violation of law. and
upon satisfactory proof to be X in such
manner as may be directed by the commits
sionerS.
Sec 8. The person receiving a license
as herein provided shall file with the COM
missioners granting the same, a bond to
the state of North Dakota with good and
sufficient sureties to be approved by said
commissioners, in the penal sum of not less
than ten thousand 100000 dollars nor
d %Gfs ''h in t thsy ai seGsSan0 Of f'0'G the
commissioners of railroads for such
warehouse licensed in the county, condi-
tional for the faithful performance of his
duty as a public warehouseman and his
full and unreServed compliance with all
avs of this state in relation thereto, a fee
for the iussuance of each license of two (2)
dollars shall be paid by the person apply
ing for the same; provided, that when
any person or corporation prOcures a
license for more than one warehouse in
any one county in the state. no more than
one bono need be given.
SEC. 4. Any person who shall transact
the business OF a public warehouseman
without first procuring. a license as herein
provided, or who shall continue to trans
act any such business after such license has
been revoked (save only that lie may be
permitted to deliver property previously
stored in such w%arehouse), shall on con-
uiptinn nv Sp1infmnnf ha fnnl Nv n ~
not less than one hundred (1OO) dollars,
nor more than five hundred (5O0) dollars,
for each and every day such business is
carried on, and the commissioners of rail-
roads may refuse to renew any license or
grant a new one to any of the persons
whose license has been revoked within
qa n ~ year from the time the same was
SEC. s. It shall be the duty of every
public warehOuseman to receive for stor-
age any grain, dry and in a suitable con-
dltion for warehouslng, that may be ten
dered to him in the usual manner in which
such warehouses are accustomed to re-
ceive the same in the ordinary and usual
course OF business, not making any dis
elimination between persons desiring to
avail themselves OF warehouse facilities.
Such grain in all cases to be inspected and
graded by a duly authorized inspector. and
to be stored with grain of a similar grade.
4AAu AL IN SaoS oAull Slulll VI IL ulllCltllL
grade be mixed together while in store,
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 other
owners, which bin shall thereupon be
warehouse receipt be issued for grain so
kept separate, it shall state on its face that
it is in a special bin, and shall state the
number OF such bin and all grain delivered
by a duly authorized inspector of grain.
Nothing IN this section shall be construed
so as to require the receipt of any kind of
grain into any warehouse in which there
is not sufficient room to accommodate or
store 1t properly, Or in cases where such
warehouse is necessarily closed. The
charges for inspection, upon receipt and
delivery shall be paid by the warehouse
man and may be added to the charge of
the storage. The chief inspector may re-
cover such charges of the ~warehouseman
by an appropriate action in his name.
Sic. +. Upon 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
and weighing have been paid, the ware
houseman shall issue to the person en-
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 in.
spected grade Of the grain, and that the
grain mentioned on it, has been received
into store to be stored with grain of the
same grade by inspection, and that it is de
livefable upon the return of the receipt
properly endorsed by the person to whose
order it was issued and the payment O!
proper charges for storage. All warehouse
receipts for grain issued by the same ware
house, shall be consecutively numbered
and no TWO receipts bearing the same mum
Der shall be issued from the same ware
nous during any one year, except in cast
Of q 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." Il
the grain was received from railroad cars
the number of each car shall be stated upOI
the receipt with the amount it contained, il
from barges or other vessels, the name OF
such craft, If from team or by other means
the a OF its receipt shall be stated or
its face.
j SEC. Z. Upon delivery of grain from store
upon receipt, such receipt shall be plainly
marked across its face the word "can
celled," with the name of the person can
ceiling the same, and shall thereafter BIZ
void, and shall not again be put in circula
ton, nor shall grain be delivered twice
upon the same receipt. No warehouse re-
cpiDt ahQll ha iaoyad nyoopf npon oot,o1