The great West. [volume] (St. Paul, Minn.) 1889-18??, 1893-05-19

In which the elevator or warehouse In ques.
ton Is situate, by temporary and perma-
| nent . Injunction, oonformably to the pro
cecdure in civil actions In the district court.
| Sec. 3. The railroad and warehouse COM
tener as they shall deem proper, make and
and regulations for the government and con-
troll OF public country elevators and public
coGntry warehouses, and the receipt, storage
from, and the rates Of charges therefor, and
| the rates so fixed shall be deemed prima
Iacie reasonable and proper, and such rules
! the force and effect Of law, and q printed
| copy OF such rules and regulations shall, at
all times be posted in a conspicuous place
1 IN each. of said elevators and warehouses,
for the free inspection Of the public.
| Sec. 4. The party operating such coun-
Try elevator or country warehouse shall
In proper books, of all grain received,
| stored and shipped ct such elevator or
warehouse, stating the weight, grade and
dockage for dirt or other cause on each lot
| OF grain received in store for sale, storage
| or shipment, and shall, upon the request OF
any person delivering grain for storage or
| elimination during reasonable and proper
business hours, and shall, upon request, de-
liver to such person, or his principal, a
favor Of such person or his order dated the
day the grain was received, and specifying
upon It's face the gross and net weight Of
such grain, the rate Of dockage for dirt or
ether cause, and the grade Of such grain,
conformable to the grades fixed by the state
railroad and warehouse commission and in
state upon its face that the grain mentioned
| In such receipt or receipts has been received
INTO store to be stored with grain Of the
| upon the return of the said receipt or re-
| ceirts, and upon the payment or tender of
pay ment or all lawful charges for receiving,
storing, delivering otherwise handling
said grain, which charges may have ac-
crued up to the tipe of the return Of said
receipt or receipts, such grain is deliverable
either at the elevator or warehouse where
| 1t was received for storage CT if the owner
SO desires, on track at any terminal point,
at the election of said owner, where official
inspection and weighing under the rules
and regulations of the railroad and ware
house commission of the state Of Minnesota
said owner, or his order, and subject to
such official inspection and weight as may
pc determined upon its arrival at such
terminal point. In case Of such shipment
at the election of the party delivering such
gram, the party receiving such grain shall
deliver to the party from whom the ship
| ment is made, certificate in evidence OF
such shipment, stating upon it's face the
| date and place of such shipment the name
| OF consiSnor and consignee and the place
| Of destination, and shall also specify upon
| the face of such certificate the grade and
S,css and net weights of such shipment, in
the same manner as provided herein as to
| warehouse receipts.
Provided, however, II the party receiving
such such grain for storage or shipment shall
eject to have the same delivered at
toe terminal points as hereinbefore provided
he shall have prior right and liberty to do
SO; and nd In such case the party delivering
| at which Of said places said grain shall be
deliverable, in quantities not less than a car
l1ad;; ana the party receiving such grain
shall have the right to designate the particu-
lar elevator or warehouse in the place SO
named, as the warehouse at which the grain
mentioned herein shall be deliverable, and
designated terminal elevator or warehouse in
favor d OF the owner of such grain, or his or
quality, of grain as that mentioned in the
original warehouse receipt or in quantities
not less than car load subject to official
| terminal point
Such written order or shipment shall be
subject to all freight or transportation or
other lawful charges which may have ac-
| crued upou said grain represented by such
written order or shipment from the date Of
the the Issue sa Of OF said order or Of such shipment
| meaning of this act in case Of shipment), or
the date when the grain, in csse of writ
ten order, is demanded for delivery at the
All warehouse receipts issued for grain re-
ceived and all orders issued in lieu or such
receipts as hereinbefore provided, shall be
consecutively numbered. and no two receipts
| or orders bearing the same date shall be
issued during the same year from the same
stroyed receipt or order, in which case the
new receipt or order shall bear the same
date and number. as the original, and shall
be plainly marked on it's face Duplicate
No such receipt or order shall be issued
except upon grain which has actually been
delivered in said country or. terminal ele-
war Tho ifod s,
| such receipt or order shall Ne made deliver
able to the person delivering the grain for
storage az or to his order Such receipt shall
| than was contained in the lot parcel
| stated to have been received. Such receipt
| or order shall not contain language in any
wise limiting or modifying the liability Of
the party issuing the same as imposed by
the laws Of this state, and any such language,
| il inserted, shall be null and void
failure to specify in such warehouse re-
| ceipt or order the true and correct grade
| and gross and net weight Of any lot of grain
so received shall be deemed misde1neanor
| on the part of the person issuing such re-
| ceipt, for which. on con victon he may be
punished as hereinafter provided.
| On the return or presentation of such re-
ceipt or order by the lawful holder thereof.
properly. endorsed at the elevator or ware
house where the grain represented therein is
made made deliverable, and upon the payment or
Immediately delivered to the holder Of such
receipt or order, and it shall not be subject
to any further charge for storage, after de
mand for such delivery shall have been
made. he grain represented by such receipt
or order shall be delivered within twenty
{! four hours after such demand shall have
been made and cars or vessels or other
means Of receiving the same from the ele-
| vator or warehouse shall have been fur
nished. If not delivered upon such demand
| within twenty four hours after such car,
vessel or other means for receiving the same
| shall have been furnished, the warehouse in
| default shall be liable to the owner of such
| receipt for damages for such default in the
| sum OF one cent per bushel, and in addition
| every day of such neglect refusal to de-
| liver; provided. no warehouseman shall be
held to be in default in delivering. if prop
erty is delivered in the order demanded by
| holders Of different receipts or orders and
as rapidly as due diligence, care and pru-
dence will justify.
elevators are at any time established by law,
the owner Of the grain shall have the right
when delivering such grain to demand and
receive receipt for such grain, deliverable
at such state elevator as he may designate,
| subject to the provisions Of this section as
| to grade, dockage and charges.
| Sec. g. In case there is a disagreement be-
tween the person in the immediate charge of
| and receiving the grain at such country ele-
vator. or warehouse, and the person deliver
| ing the grain to such elevator or warehouse
for storage or shipment, at the time of such
| delivery, as to the proper grade or the proper
dockage for dirt or otherwise, on any lot
| VI grain OeuNtIcU, all average Sdupie OI 1T
least three quarts Of the grain in dispute
may be taken by one or both parties and
forwarded in suitable sack, properly tied
and sealed. express charges prepaid, to the
chief inspector of grain at St. Paul, which
shall be accompanied by the request in writ
ing: Of either or both of the parties afore-
| said, that the said chief inspector shall ex-
| anime the same and report what grade or
dockage or both the said grain is, in his
shipped to the terminal points and subjected
| to official inspection.
1t shall be the duty Of said chief inspector,
as soon as practicable, to examine and in
| spect such sample of grain and adjudge the
proper grade or dockage, or both, to which
said sample is, in his judgment, entitled and
which grain of like quality and character
| points and subjected to official inspection: