The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1893-05-11


Sec. 3. The railroad and warehouse COM
mission shall each year, and as much of,
tener as they shall deem proper, make and
pronulgate all suitable aud necessary rules
and regulations for the government and con-
troll of public country elevators and public
country 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 prinia
facic reasonable and proper, and such rules
and regulations shall be binding and have
copy of such rules and regulations shall, ut
all times, be posted in a conspicuous place
in each of said elevators and warehouses,
for the free inspection of the public.
Sec. A. The party operating such coun-
try elevator or country warehouse shall
keep true and correct account in writing,
stored and shipped ct such elevator or
wcrehouse, stating the weight, grade and
dockage for dirt or other cause on each lot
of grain received in store for sale, storage
any person delivering grain for storage or
Shipment, receive the same without dis
elimination nau. during reasonable and proper
liver to such person, or his principal, a
warehouse receipt or receipts therefor, in
favor of such person or his order, dated the
DAY the grain was received, and specifying
upon Its 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
force at terminal points, and shall also
state upon its face that the grain mentioned
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-
pa! ment of all lawful charges for receiving,
storing, delivering or otherwise handling
said grain, which charges may have ac-
receipt or receipts, such grain is deliverable
TO the person named therein, or his order.
either at the elevator or warehouse where
1t was received for storage, or 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
Is in force, such grain to be consigned to
said owner, or his order, and subject to
such, official inspection and weight as may
DE 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, a certificate in evidence Of
such shipment, stating upon it's face the
date and place of such shipment the name
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
sucn grain for storage or shipment shall
elect to have the same delivered ut a
terminal elevator or warehouse at any of
tee terminal points rs hereinbcfore provided,
he shall have prioraright and liberty to do
so: and in such caye the party delivering
at which of said places said grain shall be
deliverable. in quantities not less than car
Load Load and and the party receiving such grain
lar elevator or warehouse in the place so
named. as the warehouse at which the grain
mentioned herein shall be deliverable. and
nptu nfxi,n nh,
such case issue written order upon such
designated terminal elevator or warehouse in
favor I OF the owner of such grain, or his or
quality, Of grain as that men toned 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
crued upou said grain represented by such
written order shipment from the date of
the issue of said order or Of such shipment,
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-
ceived, and all orders issued in lieu of such
receipts as hereinbefore provided, shall be
or orders bearing the same date shall be
issued during the sam6 year from the same
warehouse, except in case of lost or de-
Syea eep or orsr T Saaf e ne
be plainly marked on its face duplicate"
No such receipt or order shall be issued
except upon grain which has actually been
delivered in said country or terminal ele-
vator or warehouse. The grain specified in
such receipt or order shall be made deliver
storage, or to his order: Such receipt shall
not be issued for greater quantity Of grain
than was va bs%a has1 in the lot
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,
II inserted, shall be null and void.
A failure to specify in such warehouse re-
ceipt or order the true and correct grade
so received shall be deemed a misdelneanor
on the part of the person issuing such re-
ceipt. for which, on con yiction, 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
tender of payment of all lawful charges, as
Immediately delivered to the, holder of such
to any further charge for storage, after de-
mand for such delivery shall have been
made. he grain represented by such receipt
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 twentyfour hours after such car,
vessel or other means for receiving the same
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
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
holders Of different receipts or orders and
as rapidly as due diligence, care and pru-
dence will justify.
Provided, that if 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 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 disagreement 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
delivery, as to the proper grade or the proper
dockage for dirt or otherwise, on any lot
of grain delivered, an average sample of at
ay be anab BY oh parties p ans
forwarded in q 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
opinion, entitled to and would receive If
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
would receive if shipped to the terminal
poiuts and subjected to official inspection.
AS soon as said chief inspector has exam
ined, inspected and adjudged the grade and