The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1893-05-04

~ Wnlcn the elevator or warehouse in queS-
! tion Is situate, by temporary and perma-
| hent injunction, conformably to the pro.
| ceedure In civil actions in the district court.
| Sec. 3. The railroad and warehouse COM
tener as they shall deem proper make and
! pronulgate all suitable and necessary rules
ana regulations for the government aid con-
troll of public country elevators and public
country warehouses, and the receipt storage
and shipment Of grain therein and there
1 tha ana the rates Of charges therefor and
| racie reasonable aud proper, and such rules
and regulations shall be binding and have
the force and effect of law, and printed
copy OF such rules and regulations shall, ut
all times be posted in a conspicuous place
in each of said elevators and warehouses,
'o Se ,ne 1fe Gb inspection OF the public
Try elevator or country warehouse shall
keep true anG correct account in writing,
l in proper books, of all grain received,
warehouse, stating the weight, grade and
uockage fF dirt or other cause on each lot
OF grain roeei' ed in store for sale, storage
! any person delivering grain for storage or
SHIPMENT receive the same without dis
crninution during reasonable ana proper
business hours. and shall, upon request, de-
liver to such perscn, or his principul, a
warehouse receipt or receipts therefor, In
invot t OF such pefcn Or his order dnted the
| Gay tne grain was received, and specifying
upoh rs face the gross and net weight Of,
such grain the rate Of dociage for dirt or
| C,hcr cause, and the grade OF such grain
! conforn.able to the grades fixed by the state
railroad and warehouse commission and in
| force ut terni ina! . points. and shnll also
state upon its face jlu1 the grain mentioned
into store to be stored with grain of the
SANG grade under such inspc ction, ana that,
uhon the return Of the said receipt or re.
| Pay me mt OF all lawful charges for receiving
storing, delivering or otherwise handling
s, ,!1'i =, grain which charges may have az.
| tictu up 10 tie time of tho return of said
te't'pt or receipts. such grain Is deliverable
TO the person hamed therein, or his order
liner it me elevator Or warehouse where
! 50 desires. on track at amy terminal point
at the election OF said ownar, where ottirl,i
inspection li} and weighing under the rules
| house commission of the state of Minnesota
Is IN 1orcc, such grain to be consigned to
S such o oc %r MS 10, order and subject to
! " uetefmlneu upon its arrival at such
Terminal point. In case of such shipment
a. ar, inc election OF the patty delivering such
| Eftlh. the party receiving such grain Shall
! ce!lVer TO the party from whom the ship
H'"nt Is made. u certificate in evidence Of
s st SHIPMENT, stating upon its face the
date and place of such shipment the name
or ronslsnor and consigned and the place
| "l destination, and shall also specify upon
the face OF such certificate the grade and
| S'css and net weights Of such shipment in
me same manner rs provided herein as to
| warehouse receipts.
sr mrlovided, however. if the party receiving
sntl grain for storage or shipment shall
eject TO have the same delivered at a
| terminal elevator or warehouse at any Of
u! u, Terminal points as hereinbefore provided
ne snail have IL prior right and liberty to do
Pso and in such case the party delivering
said grain shall have the right to desirnate
at Whch of said places said grain shall be
aellverable, In quantities not less than q car
in '1; and the party receiving such grain
snail have the right to designate the partlcl-
lar elevator or warehouse in the place SO
| III, n l1yi/} ~
mentioned herein shall be Deliverable, and
s se sad party receiving such grain shall in
designated terminal elevator or warehouse in
favor OF the owner of such grain, or his or
aer' tor the delivery of II like quantity and
| quality of grain as that men toned In thr
original warehouse receipt or in quantities
not not less than car load, subject to official
| terminal point.
such Wsittcn order or shipment shall be
| subject to All freight or transportation or
| other lawful charges which may have sac
crucd upon said grain represented by such
written order or shipment (from the date of
the, issue of said order or Of such shipment
and the date of actual delivery within the
meaning OF TINS act i'll of shipmcnt), 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 ro
! cclvcd, and all orders issued in lieu Of such
| receipts as horpinbefore provided, shall be
! or orders bearing thesa date shall be
issued during the same year from the same
sa6rnd seo except in case of lost or de-
| new receipt or order shall bear the same
date and number, as the original, and shall
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-
vat1r or warehouse The grain specified iii
such receipt or order shall be made deliver
able to the person delivering the grain for
storage or to his order: Such receipt shall
f ttn be s suea for grenter quantity Of grain
stated to have been received Such receipt
| or order shall not contain language in any
the party issuing the same as imposed by
the laws Of this state, ana any such language,
If inserted, shall be null! 9nd void.
A failure to specify in such warehouse re-
ceipt or order. tho true and correct grade
| aud gross and net weight of any lot Of grain
SO received shall be deemed a mislemeanor
on the part OF the person issuing such re-
ceint: for which. on con siction, 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. ut 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 t or Gr:er and it shall not be subject
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
| means Of receiving the same from the ele-
yator or warehouse shall have been fur
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 tuslicl. and i'll addition
| thereto one cent per bushel for each and
6.lV Of .lr)I latt r0f, tn H.,
liver; provided, no Wtlrehousernan shall be
held to he i'll default i'll delivering if prop
holders Of different receipts or orders and
rs rapidly 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 shat! have the right
when delivering such grain to demand anti
receive q receipt for such grain. deliverable
at such state elevator lis he may designate,
subject to the provisions of this section as
to grade, dockage and charges.
Sec. :. In there is 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
ieliycry, rs to the proper grade or the proper
dockage for dirt or otherwise, OH any Tot
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
forwarded in a suitable sack. properly tied
agd 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 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 'lockage or both, to which
said sample is. in his Judgment, entitled ana