Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1893-05-11

in which the elevator or warehouse in aues-
tion is situate, by temporary and perma-
nent injunction, confOrmably to the pro-
cecdure in civil actions in the district court.
Sec. 8. The railroad and warehouse com
tener as they shall deem proper, make and
prolnulgate all suitable. and necessary rules
and regulations for the government and CON
troll Of public country elevators and pubic
corntry. warehouses, and the receipt, storage
and shipment Of grain therein. and there,
from, and the rates Of charges therefor, and
the rates so fixed shall be deemed prllla
facie reasonable and proper, and such rules
and regulations shall be binding and have
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,
in each of said elevators and warehouses,
for the free inspection of the public.
Sec. 4. The party operating such com,
keep Il true anc correct account III writing,
in proper books, of all grain. received,
stored and shipped at such elevator or
wcrehouse, stating the weight. grade and
dockage for dirt or other cause on each lot
Of grain received i'll store for sale, storage
or shipment, and shall, upon the request OF
Shipment, receive the same without dis
elimination during reasonable and proper
business hours, and shall, upon request, de-
liver to such person, or his principal, Il
warehouse receipt or receipts therefor, in
favor Of such pe:scn OF his order, dated the
day the grain was received, and specifying
\ upon lS Lace tue gross anu net weight Ol
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
force at criminal points,, and shall also
state upon its face chat the grain mentioned
in such receipt OF receipts has been received
into store to be stored with grain of the
same grade under such inspection, and that,
upon the return of the said receipt CT re
ceirts, and upon the payment OF tender of
pa! ment of all lawful charges for receiving,
jIJiJO - 1n1 vA1i,, AZ H In,Svri o11}iJ
said grain, Which charges may have &C
crued up to tie time of the return of said
receipt or receipts, such grain is deliverable
to the person named therein, OF his order,
either at the elevator or warehouse where
it was received for storage, CT, if the owner
SO desires, on track at any terminal point,
inspection and weighing under the rules
and regulations of the railroad and ware
house commission of the state of Minnesota
is in force, such grain to be consigned to
such official inspection and weight as may
be determined upon its arrival at. such
terminal point. In case of such shipment
at the election Of the patty delivering such
grain, the party receiving such grain shall
deliver. to the party from whom the ship
ment is made, Il certificate ia evidence of
such shipment, stating upon it's face the
date and place of such shipment, the name
of consignor and consignee, and the place
Of destination, and shall also. specify upon
the face OF such certificate the grade and
G1css and net weights Of such shipment, in
the same manner as provided herein as to
warehouse receipts.
Provided, however. if the party receiving
such grain for storage or shipment shall
elect to have the same delivered at Il
tc1mlnal elevator OF warehouse at any of
the terminal points as hereinbefore provided,
he shall have Il prior right and liberty to do
SO. and in such, case the party delivering
said grain shall have the right to designate
at which, Of said places said grain shall be
deliverable, in quantities not less than q car
load, and the party receiving such grain
shall have the right to designate the p%articu-
lar elevator Or warehouse in the place SO
mentioned herein shall be deliverable, and
the said party receiving such grain shall in
such case issue a written order upon such
designated terminal elevator or warehouse in
favor of the owner Of such grain, or his or
der, for the delivery OF q like quantity and
quality, OF grain as that mentioned in the
not less than q cal. load, subject to official
inspection and weight at such designated
terminal point.
Such written order or shipment shall be
subject to all freight or transportation or
other lawful charges which may have ac-
crued upon said grain represented by such
the issue of said order or Of such shipment,
and the date of actual delivery within the
meaning Of this act in case OF shipment, or
the date when the grain, in case Of a writ
ten order, is demanded for delivery at the
terminal warehouse.
All warehouse receipts issued for grain re-
CelNel, dllu jill Oi1ciS lSSucu Ill lleu Ol 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
new receipt or order shall bear the same
5e ela and n mnrfed as on f is f 2fis'n np;up aha sn@ll
No such receipt or order shall be issued
except upon grain which has actually been
| vntOr or U3rphOUSp The grain SnaTiflp1 in
such receipt or order shall be made deliver
able to the person delivering, the grain for
not nta'i be issued d for r a G greatcr ' Quantity tihssi Of grain rain
than was contained in the lot or parcel
stated to have been received. Such receipt
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.
A 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 a mis1emeanor
ceipt, for which, on conviction, he may be
punished as hereinafter provided.
Oh 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 deliverable, and upon the payment or
tender Of payment OF all lawful charges as
Immediately delivered to the holder of such
receipt or order, and it shall not be subject
, to ANY f fur src dhu dsjiv f1y S sbaii ha2 2fteT been as5
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 OF warehouse shall have been fur
nished. If not delivered upon such demand
within twenty-fOur hours after such car,
vessel OF other means for receiving the same
snail 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 buslel, and in addition
| thereto one cent per bushel for each and
every day Of such neglect or 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.
Provided. that if a state public elevator or
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 a 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. 5. In case there is Il disa greement be-
| tween the person in the immediate charge OF
and receiving the grain at such country ele-
| yator or warehouse, and the person deliver
ing the grain to such elevator or warehouse
for storage or shipment, at the time of such
leliyery, as to the proper grade GRADE OF TT dhe ,h proper PEI
Of grain delivered, an average sample of at
least three quarts of the grain in dispute
may be taken by one or both parties and
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 aforeS
| 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
| opinion, entitled to and would receive if
| shipped to the terminal points and subjected
to official inspection.