to, 1 cent per bushel for each and every day of such neglect or refusal to deliver: Provided, no warehouseman shall be held to be in default in delivering if the property is delivered in the order demanded and as rapidly as due diligence, care and prudence will justify. [See § 135. Warehouses. Posting grain in store to registrarDaily publi celled re ceipts. 145. $ 12. The warehouseman of every public warehouse of class A shall, on or before Tuesday morning of each week, cause to be made out, and shall keep posted up in the business office of his warehouse, in a conspicuous cation-Canplace a statement of the amount of each kind and grade of grain in store in his warehouse at the close of business on the previous Saturday; and shall, also, on each Tuesday morning, render a similar statement, made under oath before some officer authorized by law to administer oaths, by one of the principal owners or operators thereof, or by the bookkeeper thereof, having personal knowledge of the facts, to the warehouse registrar appointed as hereinafter provided. They shall also be required to furnish daily to same registrar, a correct statement of the amount of each kind and grade of grain received in store in such warehouse on the previous day; also the amount of each kind and grade of grain delivered or shipped by such warehouseman during the previous day, and what warehouse receipts have been cancelled, upon which the grain has been delivered on such day, giving the number of each receipt, and amount, kind and grade of grain received and shipped upon each; also, how much grain, if any, was so delivered or shipped, and the kind and grade of it, for which warehouse receipts had not been issued and when and how such unreceipted grain. was received by them; the aggregate of such reported cancellations and delivery of unreceipted grain, corresponding in amount, kind and grade with the amount so reported delivered or shipped. They shall also, at the same time, report what receipts, if any, have been cancelled and new ones issued in their stead as herein provided for. And the warehouseman making such statements shall, in addition, furnish the said registrar any further information regarding receipts issued or cancelled, that may be necessary to enable him to keep a full and correct record of all receipts issued and cancelled, and of grain received and delivered. [See § 159. of chief inspector. 146. § 14. 1. It shall be the duty of the Governor to Appointment appoint, by and with the advice and consent of the Senate, a suitable person who shall not be a member of the board of trade, and who shall not be interested either directly or indirectly in any warehouse in this State, a chief inspector of grain for the entire State of Illinois, who shall hold his office Duty of chief inspector. Deputy inspectors. When inspector to take oath and Warehouses. for a term of two years, unless sooner removed, as hereinafter provided; the office of said chief inspector of grain shall be in the city of Chicago. It shall be the duty of such chief inspector of grain to have a general supervision of the inspection of grain, as required by this Act or laws of this State, under the advice and immediate direction of the Board of Commissioners of Railroads and Warehouses; also to have general supervision over all deputy inspectors now appointed or hereafter to be appointed. 3. The said chief inspector shall have the authority to appoint, upon the approval of the Board of Commissioners of Railroads and Warehouses, such suitable persons in sufficient numbers to act as deputy inspectors, who shall not be members of the board of trade, nor interested in any warehouse, and also such other employés as may be necessary to properly conduct the business of his office; but no deputy inspector shall be appointed for or assigned to duty in any city or county in which is located one or more elevators of class B, except upon a request for such action by the county commissioners or board of supervisors of the county in which such warehouse or warehouses are located, such request to be made to the Railroad and Warehouse Commissioners, and in cities or counties wherein a deputy inspector may be appointed or assigned to duty, no person other than such deputy inspector shall inspect or grade any grain without being liable to the penalties provided in section 20 of this Act. 4. The chief inspector of grain shall, upon entering upon the duties of his office, be required to take an oath as in cases give bond. of other officers, and he shall execute a bond to the People of the State of Illinois, in the penal sum of fifty thousand dollars, with sureties to be approved by the Board of Commissioners of Railroads and Warehouses, with a condition therein that he will faithfully discharge the duties of his said office of chief inspector of grain according to law and the rules and regulations prescribing his duties; and that he will pay all lawful damages to any person or persons who may be injured by reason of his neglect, refusal or failure to legally comply with the law and the rules and regulations. aforesaid. Deputy inspectorOath--Bond. 5. And each deputy inspector shall take a like oath and execute a bond in the penal sum of five thousand dollars when appointed, with like conditions and to be approved in like manner as is provided in case of the chief inspector of grain, which said bonds shall be filed in the office of said commissioners; and suit may be brought upon said bond or bonds in any court having jurisdiction thereof, in the county where the plaintiff or defendant resides, for the use of the person or persons injured. Warehouses. 6. The chief inspector of grain, and all deputy inspect-Rules for govors of grain and other employés in connection therewith, inspectors. shall be governed in their respective duties by such rules and regulations as may be prescribed by the Board of Commissioners of Railroads and Warehouses; and the said Board of Commissioners shall have full power to make all proper rules and regulations for the inspection of grain, and shall also have power to fix the rate of charges for the inspection of grain and the manner in which the same shall be collected, which charges shall be regulated in such manner as will, in the judgment of the commissioners, produce sufficient revenue to meet the necessary expenses of the service of inspection, but the revenues received from such inspection in any county or city shall in no event be used to pay deficit in any other county or city. tion. 7. It shall be the duty of the board of commissioners to Compensafix the amount of compensation to be paid to the chief inspector, deputy inspectors and all other persons employed in the inspection service, and prescribe the time and manner of their payment.. of warehouse registrar. 8. The Board of Commissioners of Railroad and Ware-Appointment houses are hereby authorized to appoint a suitable person as warehouse registrar and such assistants as may be deemed necessary to perform the duties imposed upon such registrar by the provisions of this Act. 9. The said board of commissioners. shall have and exercise a general supervision and control of such appointees, shall prescribe their respective duties, shall fix the amount of their compensation and the time and manner of its payment. 10. Upon the complaint in writing of any person to the said board of commissioners, supported by reasonable and satisfactory proof, that any person appointed or employed under the provisions of this section has violated any of the rules prescribed for his government, has been guilty of any improper official act or has been found insufficient or incompetent for the duties of his position, such person shall be immediately removed from his office or employment by the same authority that appointed him, and his place shall be filled, if necessary, by a new appointment; or, in case it shall be deemed necessary to reduce the number of persons so appointed or employed, their term of service shall cease under. the orders of the same authority by which they were appointed or employed. Board of Commissioners to exercise pervision. general su Penalty for violating Act. Necessary expense of inspector of 11. All necessary expenses incident to the inspection of grain and to the office of registrar, economically adminis- grain. Rates of stor age. Loss by fire- livery Warehouses. tered, including the rent of suitable offices, shall be deemed expenses of the inspection service and shall be included in the estimate of expenses of such inspection service and shall be paid from the funds collected for the same. (1). [As amended by Act approved May 24, 1907, in force July 1, 1907. 147. 15. Every warehouseman of public warehouses of class "A" shall be required during the first week of January of each year to publish in one or more of the newspapers (daily, if there be such,) published in the city in which such warehouse is situated, a table or schedule of rates for the storage of grain in his warehouse during the ensuing year, which rates shall not be increased (except as provided for in section 16 of this Act) during the year; and such published rates, or any published reduction of them shall apply to all grain received into such warehouse from any person or source, and no discrimination shall be made directly or indirectly, for or against any charges made by such warehouseman for the storage of grain. The maximum charge for the storage and handling of grain, including the cost of receiving and delivering, shall be, for the first ten days or part thereof, one and one-quarter (114) cents per bushel, and for each ten days or part thereof after the first ten days one-half of one cent per bushel: Provided, however, that grain damp or liable to early damages, as indicated by its inspection when received, may be subject to two cents per bushel storage, for the first ten days and for each additional five days, or part thereof, not exceeding onehalf of one cent per bushel: Provided, further, that where grain has been received in any such warehouse prior to the first day of March, 1877, under any express or implied contract to pay and receive rates of storage different from those prescribed by law, or where it has been received under any custom or usage prior to said day to pay or receive rates of storage different from the rates fixed by law, it shall be lawful for any owner or manager of such warehouse to receive and collect such agreed or customary rates. [As amended by Act approved May 21, 1877. In force July 1, 1877. L. 1877, p. 169; Legal News Ed., p. 153. 148. § 16. No public warehouseman shall be held reOrder of de-sponsible for any loss or damage to property by fire while Grain out of in his custody, provided reasonable care and vigilance be excondition. ercised to protect and preserve the same, nor shall be held liable for damage to grain by heating, if it can be shown (1) AN ACT to amend section 14 of an Act entitled, "An Act to regulate public warehouses, and the warehousing and inspection of grain, and to give effect to article XIII of the Constitution of this State," approved April 25, 1871, in force July 1, 1871, and to provide for revenue and the payment of the expenses of the same. [Approved June 7, 1897, in force July 1, 1897. that he has exercised proper care in handling and storing] the same, and that such heating or damage was the result of causes beyond his control; and in order that no injustice may result to the holder of grain in any public warehouses of classes A or B, it shall be deemed the duty of such warehouseman to dispose of, by delivery or shipping, in the ordinary and legal manner of so delivering, that grain of any particular grade which was first received by them, or which has been the longest time in store in his warehouse; and, unless public notice has been given that some portion of the grain in his warehouse is out of condition, or becoming so, such warehouseman shall deliver grain of quality equal to that received by him, on all receipts as presented. In case, however, any warehouseman of class A or B shall discover that any portion of the grain in his warehouse is out of condition, or becoming so, and it is not in his power to preserve the same, he shall immediately give public notice, by advertisement in a daily newspaper in the city in which such warehouse is situated and by posting a notice in the most public place (for such a purpose) in such city, of its actual condition; as near as he can ascertain it; shall state in such notice the kind and grade of the grain, and the bins in which it is stored; and shall also state in such notice the receipts outstanding upon which such grain will be delivered, giving the numbers, amounts and dates of each-which receipts shall be those of the oldest dates then in circulation or uncancelled, the grain represented by which has not [*825] previously been declared or receipted for as out of condition, or if the grain longest in store has not been receipted for, he shall so state, and shall give the name of the party for whom such grain was stored, the date it was received, and the amount of it; and the enumeration of receipts and identification of grain so discredited shall embrace as near as may be, as great a quantity of grain as is contained in such bins; and such grain shall be delivered upon the return and cancellation of the receipts, and the unreceipted grain upon the request of the owner or person in charge thereof. Nothing herein contained shall be held to relieve the said warehouseman from exercising proper care and vigilance in preserving such grain after such publication of its condition; but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in store in such warehouses. Any warehouseman guilty of any act or neglect, the effect of which is to depreciate property stored in the warehouse under his control, shall be held responsible as at common law, or upon the| Warehouses. |