2023 Illinois Compiled Statutes › Chapter 610 - RAILROADS › 610 ILCS 110/ - Bulk Grain Act.

(610 ILCS 110/0.01) (from Ch. 114, par. 228.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Bulk Grain Act.
(Source: P.A. 86-1324.)
(610 ILCS 110/1) (from Ch. 114, par. 229)
Sec. 1. 
		
		That in all counties of the third class, and in
all cities having not less than 50,000 inhabitants, where bulk grain,
millstuffs or seeds are delivered by any railroad transporting the same
from initial points to another road for transportation to other points,
such road or roads receiving the same for transportation to said points or
other connections leading thereto, shall provide suitable appliances for
unloading, weighing and transferring such property from one car to another
without mixing or in any way changing the identity of the property so
transferred, and such property shall be accurately weighed in suitably
covered hopper scales, which will determine the actual net weight of the
entire contents of any carload of grain, millstuffs or seeds at a single
draft, without gross or tare, and which weights shall always be given in
the receipts or bills of lading and used as the basis of any freight
contracts affecting such shipments between such railroad companies and the
owners, agents or shippers of such grain, millstuffs or seeds so
transported and transferred.
(Source: Laws 1887, p. 253.)
(610 ILCS 110/2) (from Ch. 114, par. 230)
Sec. 2. 
		
		The practice of loading grain, millstuffs or seeds into foreign or
connecting-line cars at the initial point from which the grain, millstuffs
or seeds are originally shipped, or the running of the original car through
without transfer, shall not relieve the railroad making the contract to
transport the same to its destination or connection leading thereto, from
weighing and transferring such property in the manner aforesaid, unless the
shipper, owner or agent of such grain, millstuffs or seeds shall otherwise
order or direct.
(Source: Laws 1887, p. 253.)
(610 ILCS 110/3) (from Ch. 114, par. 231)
Sec. 3. 
		
		Any railroad company neglecting or refusing to comply promptly with
any and all of the requirements of either sections 1 or 2 of this act,
shall be liable in damages to the party interested, to be recovered by the
party damaged in a civil action, and such party may proceed by mandamus
against any railroad company so refusing or neglecting to comply with the
requirements of this act; and if the shipper, owner or agent of any such
grain, millstuffs or seeds shall fail or neglect to proceed by mandamus, it
shall then be the duty of the Illinois Commerce Commission of this state,
upon complaint of the party or parties interested, to proceed against the
railroad failing or refusing to comply with the provisions of this act; and
all the powers heretofore conferred by law upon the Illinois Commerce
Commission of this state, shall be applicable in the conduct of any legal
proceedings commenced by such Commission under this act.
(Source: Laws 1937, p. 1009.)
(610 ILCS 110/4) (from Ch. 114, par. 232)
Sec. 4. 
		
		
		Any railroad company so refusing or neglecting as aforesaid, shall be
guilty of a petty offense for each neglect or refusal as aforesaid, to be
recovered in a civil action in the name of the People of the State of
Illinois for the use of the county in which such act or acts of neglect or
refusal shall occur, and it shall be the duty of the Illinois Commerce
Commission to cause prosecutions for such penalties to be instituted and
prosecuted.
(Source: P.A. 77-2216.)