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bond of such warehouseman, and in addition thereto, the license of such warehouseman, if his warehouse be of class A, shall be revoked. Nothing in this section shall be so construed as to permit any warehouseman to deliver any grain stored in a special bin, or by itself, as provided in this Act, to any but the owner of the lot, whether the same be represented by a warehouse receipt or otherwise. In case the grain declared out of condition, as herein provided for, shall [not] be removed from store by the owner thereof within two months from the date of the notice of its being out of condition, it shall be lawful for the warehouseman where the grain is stored to sell the same at public auction, for account of said owner, by giving ten days public notice, by advertisement in a newspaper (daily, if there be such,) published

in the city or town where such warehouse is located. Tampering

149. § 17. It shall not be lawful for any public ware

houseman to mix any grain of different grades together, or stored - Pri

to select different qualities of the same grade for the purpose DryingCleaning- of storing or delivering the same, nor shall he attempt to Moving. deliver grain of one grade for another, or in any way tamper

with grain while in his possession or custody, with a view to securing any profit to himself or any other person; and in no case, even of grain stored in a separate bin, shall he be permitted to mix grain of different grades together while in store. He may, howerer, on request of the owner of any grain stored in a private bin, be permitted to dry, clean, or otherwise improve the condition or value of any such lot of grain; but in such case it shall only be delivered as such separate lot, or the grade it was originally when it was received by him, without reference to the grade it may be as improved by such process of drying and cleaning. Nothing in this section, however, shall prevent any warehouseman from moving grain while within his warehouse for its preserva

tion or safe keeping. [See $ 125. Examination 150. § 18. All persons owning property, or who may of grain and

In- be interested in the same, in any public warehouse, and all

duly authorized inspectors of such property shall at all times, during ordinary business hours, be at full liberty to examine any and all property stored in any public warehouse in this State, and all proper facilities shall be extended to such persons by the warehouseman, his agents and servants, for an examination; and all parts of public warehouses shall be free for the inspection and examination of any person interested in property stored therein, or of any authorized inspector of such property. And all scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized inspector or sealer of weights and measures, at any time when required by any

scales correct scales.

Warehouses.

Grain must be

act as an inspector.

person or persons, agent or agents, whose property has been
or is to be weighed on such scales—the expenses of such test
by an inspector or sealer to be paid by the warehouse pro-
prietor if the scales are found incorrect, but not otherwise.
Any warehouseman who may be guilty of continuing to use
scales found to [*826] be in an imperfect or incorrect con-
dition by such examination and test, until the same shall
have been pronounced correct and properly sealed, shall be
liable to be proceeded against as hereinafter provided. [See
$ 165-6. “Weights and Measures," ch. 146, $ 14. “Criminal
Code," ch. 38, $ 101.
151. § 19.

$ 19. In all places where there are legally ap- Inspected. pointed inspectors of grain, no proprietor or manager of a public warehouse of class B shall be permitted to receive any grain and mix the same with the grain of other owners, in the storage thereof, until the same shall have been inspected and graded by such inspector.

152. § 20. Any person who shall assume to act as an Assuming to inspector of grain, who has not first been so appointed and sworn, shall be held to be an imposter, and shall be punished by a fine of not less than $50 nor more than $100 for each and

every attempt to so inspect grain, to be recovered before a justice of the peace. Any duly authorized inspector of grain who shall be Misconduct of

an inspector guilty of neglect of duty, or who shall knowingly or care- -Influenclessly inspect or grade any grain improperly, or who shall accept any money or other consideration, directly or indirectly, for any neglect of duty or the improper performance of any duty as such inspector of grain; and any person who shall improperly influence any inspector of grain in the performance of his duties as such inspector shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum not less than $100 nor more than $1,000, in the discretion of the court, or shall be imprisoned in the county jail not less than three nor more than twelve months, or both, in the discretion of the court.

153. § 21. In case any owner or consignee of grain Owner, etc.; shall be dissatisfied with the inspection of any lot of grain, dissatisfied

with inspecor shall from any cause, desire to receive his property with- tion-His out its passing into store, he shall be at liberty to have the rights. same withheld from going into any public warehouse (whether the property may have previously been consigned to such warehouse or not), by giving notice to the person or corporation in whose possession it may be at the time of giving such notice, and such grain shall be withheld from going into store, and be delivered to him subject only to such proper charges as may be a lien upon it prior to such notice. The grain if in railroad cars, to be removed therefrom by

ing

Warehouses. such owner or consignee within twenty-four hours after such notice has been given to the railroad company having it in possession: Provided, such railroad company place the same in a proper and convenient place for unloading; and any person or corporation refusing to allow such owner or consignee to so receive his grain shall be deemed guilty of conversion, and shall be liable to pay such owner or consignee double the value of the property so converted. Notice that such grain is not to be delivered into store may also be given to the proprietor or manager of any warehouse into which it would otherwise have been delivered, and if, after such notice, it be taken into store in such warehouse, the proprietor or manager of such warehouse shall be liable

to the owner of such grain for double its market value. Combination. 154. $ 22. It shall be unlawful for any proprietor, les

see or manager of any public warehouse, to enter into any contract, agreement, understanding or combination, with any railroad company or other corporation, or with any individual or individuals, by which the property of any person is to be delivered to any public warehouse for storage or for any other purpose, contrary to the direction of the owner, his agent or consignee. Any violation of this section shall subject the offender to be proceeded against as provided in section 23 of this Act.

155. § 23. If any warehouseman of class A shall be guilty of a violation of any of the provisions of this Act, it shall be lawful for any person injured by such violation to bring suit in any court of competent jurisdiction, upon the bond of such warehouseman, in the name of the People of the State of Illinois, to the use of such person. In all criminal prosecution against a warehouseman for the violation [*827] of any of the provisions of this Act, it shall be the duty of the prosecuting attorney of the county in which such prosecution is brought, to prosecute the same to a final issue, in the name of and on behalf of the People of the State of

Illinois. Warehouse re- 156. $ 24. Warehouse receipts for property stored in ceipts as sigpable.

any class of public warehouses, as herein described, shall be transferable by the endorsement of the party to whose order such receipt may be issued, and such endorsement shall be deemed a valid transfer of the property represented by such receipt, and may be made either in blank or to the order of another. All warehouse receipts for property stored in public warehouses of class C shall distinctly state on their

face the brand of distinguishing marks upon such property. False receipts 157. § 25.

Any warehouseman of any public ware-- Fraudulent house who shall be guilty of issuing any warehouse receipt

for any property not actually in store at the time of issuing

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such receipt, or who shall be guilty of issuing any warehouse
receipt in any respect fraudulent in its character, either as
to its date or the quantity, quality or inspected grade of such
property, or who shall remove any property from store (ex-
cept to preserve it from fire or other sudden danger,) with-
out the return and cancellation of any and all outstanding
receipts that may have been issued to represent such prop-
erty, shall, when convicted thereof, be deemed guilty of a
crime, and shall suffer, in addition to any other penalties
prescribed by this Act, imprisonment in the penitentiary for
not less than one, and not more than ten years. [Restricted
as to receipts issued before Oct. 8, 1871. L. 1871-2, p. 774.
See "Criminal Code," ch. 38, $ 124, 125.

158. S 26.' Nothing in this Act shall deprive any per- Common law son of any common law remedy now existing.

remedy 159. $ 27. All proprietors or managers of public ware

Printed copy houses shall keep posted up at all times, in a conspicuous of Act place in their business office, and in each of their warehouses posted. a printed copy of this Act.

160. § 28. All Acts or parts of Acts inconsistent with Repeal. this Act are hereby repealed.

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AN ACT to amend an Act entitled, “An Act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article thirteen (13) of the Constitution of the State," approved April 25, 1871, in force July 1, 1871, and to establish a committee of appeal, and prescribe their duties. [Approved April 15, 1873; in force July 1, 1873.

§ 1. Be it enacted by the People of the State of Commission Illinois, represented in the General Assembly: That the lish grades. Board of Railroad and Warehouse Commissioners shall establish a proper number and standard of grades for the inspection of grain, and may alter or change the same from time to time: Provided, no modification or change of grades shall be made, or any new ones established, without public notice being given of such contemplated change, for at least 20 days prior thereto, by publication in three daily newspapers printed in each city containing warehouses of class A: And, provided, further, that no mixture of old and new grades, even though designated by the same name or distinction, shall be permitted while in store. 162.

Within twenty days after this Act takes Committee of effect the Board of Railroad and Warehouse Commissioners appeals. shall appoint three discreet and competent persons to act as a committee of appeals in every .city wherein is located a warehouse of class A, who shall hold their office for one year and until their successors are appointed. And every year thereafter a like committee of appeals shall be appointed

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Warehouses. by said commissioners, who shall hold their office for one year until their successors are appointed: Provided, said commissioners shall have power, in their discretion, to remove from office any member of said committee at any time, and fill vacancies thus created by the appointment of other

discreet persons. Appeals

163. & 3. In all matters involving doubt on the part of the chief inspector, or any deputy inspector, as to the proper inspection of any lot of grain, or in case any owner, consignee or shipper of grain or any warehouse manager shall be dissatisfied with the decision of the chief inspector or any deputy inspector, an appeal may be made to said committee of appeal, and the decision of a majority of said committee shall be final. Said Board of Commissioners are authorized to make all necessary rules governing the manner of appeals herein provided. And all complaints in regard to the inspection of grain, and all notices requiring the services of the committee of appeal may be served on said committee, or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact and who shall furnish said committee with such clerical assistance as may be necessary for the proper discharge of their duties. It shall be the duty of said committee, on receiving such notice, to immediately act on and render a decision in each case. [As amended by Act approved June 4, 1907, in force July 1, 1907.

164. § 4. The said committee of appeals shall, before

of Appeals of entering upon the duties of their office, take an oath, as in -Who may case of other inspectors of grain, and shall execute a bond

in the penal sum of five thousand dollars, with like conditions as is provided in case of other inspectors of grain, which said bonds shall be subject to the approval of the Board of Railroad and Warehouse Commissioners. It is further provided, that the salaries of said committee of appeals shall be fixed by the Board of Railroad and Warehouse Commissioners, and be paid from the inspection fund, or by the party taking the appeal under such rules as the commission shall prescribe; and all necessary expenses incurred in carrying out the provisions of this Act, except as herein otherwise provided, shall be paid out of the funds collected for the inspection service upon the order of the commissioners: Provided, that no person shall be appointed to serve on the committee of appeals who is a purchaser of or a receiver of grain or other articles to be passed upon by said committee. [As amended by Act approved June 26, 1885; in force July 1, 1885. L., 1885. Legal News Ed.,

serve.

p. 178.

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