Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-5 - OPERATION OF PUBLIC WAREHOUSES › Section 80-6-5-.05 - Warehouse Receipt Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All negotiable receipts issued for cotton
				must state, in addition to the requirements set out in the Uniform Commercial
				Code Documents of Title, Act, the weight, grade if known, private mark, and
				condition, if subject to comment, of the cotton when stored, except, that upon
				request in writing, the weight of the bale may be omitted from receipts issued
				for shippers cotton, provided such receipts are marked: NOT WEIGHED BY
				WAREHOUSE ISSUING THIS RECEIPT. In the absence of such written request not to
				weigh each bale of cotton received for storage each such bale must be
				accurately weighed by the warehouseman at the time it is received for storage,
				and the weight so determined shall be the weight inserted in the warehouse
				receipt. Provided, however, that any bale tendered for storage which bears
				external evidence of mud, excessive moisture, or weather damage, shall not be
				weighed for storage and a negotiable warehouse receipt shall not be issued
				thereon, until such bale is properly dried and cleaned, and any damage thereto
				plainly noted on the face of such receipt.
(2) Every receipt issued must state on its
				face whether it is negotiable or nonnegotiable.
(3) All warehouse receipts, whether
				negotiable or nonnegotiable must state plainly on their face whether the
				commodities represented by them are insured or not.
(4) Warehouse receipts shall be numbered
				consecutively and shall not be construed to prevent the issuance of receipts in
				regular sequence with respect to numbers assigned to cotton or other articles
				of value being stored from time to time in large quantities by one person or
				concern.
(5) There shall be printed
				on the face of every receipt, at lower left portion thereof, a statement of the
				nature of all charges to be made by the warehouseman which shall include the
				rate of monthly storage and the nature (though not the amount of the charge) of
				other services for which a lien is claimed.
(6) When a tariff charge covering receiving
				services or the first month's storage, or both, is collected at the time a
				warehouse receipt is issued, a notation of the collection of such charge or
				charges shall be made on the face of the warehouse receipt.
(7) A statement of ownership and all
				encumbrances on the articles of value on which a negotiable receipt has been
				issued which are not evidenced on the face of the receipt and the date of said
				statement shall be written or printed immediately before the space for
				endorsement on the back of every receipt.
(8) Receipts issued for the storage of cotton
				linters, motes and other waste cotton shall not be issued on receipt forms
				prescribed for lint cotton, and such receipts shall be printed on distinctive
				paper stock of a different color from receipts used for storage of lint cotton.
				Receipt forms used for the storage of cotton linters, motes and other waste
				cotton must be approved by the Commissioner of Agriculture and
				Industries.
(9) In case of a lost
				or destroyed receipt, a new receipt upon the same terms subject to the same
				conditions and bearing on its face the number and the date of the receipt in
				lieu of which it is issued and a plain and conspicuous statement that it is a
				duplicate issued in lieu of a lost or destroyed receipt, may be issued upon
				compliance with the conditions set out below.
(10) Before issuing such duplicate receipt
				the warehouseman shall require the depositor or other person applying therefor
				to make and file with the warehouse 1. an affidavit showing that he is lawfully
				entitled to the possession of the original receipt, that he has not negotiated
				or assigned it, how the original receipt was lost or destroyed, and, if lost,
				that diligent effort has been made to find the receipt without success, and 2.
				a bond in an amount double the value, at the time the bond was given, of the
				cotton, or other articles of value on which a negotiable receipt has been
				issued, represented by the lost or destroyed receipt. Such bond shall be in a
				form approved for the purpose by the Commissioner of Agriculture and
				Industries, shall be conditioned to indemnify the warehouseman against any loss
				sustained by reason of the issuance of such duplicate receipt, and shall have
				as surety thereon a surety company which is authorized to do business and is
				subject to service of process in a suit on the bond, in the State of Alabama or
				two individuals each of whom owns real property having a value, in excess of
				all exemptions and encumbrances, to the extent of double the amount of the
				bond.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-15-2.