Classes de fined. Revocation circuit Warehouses. 135. § 2. Public warehouses of class A shall embrace all warehouses, elevators and granaries in which grain is stored in bulk and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved, such warehouses, elevators or granaries being located in cities having not less than 100,000 inhabitants. Public warehouses of class B shall embrace all other warehouses, elevators or granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together. Public warehouses of class C shall embrace all other warehouses or places where property of any kind is stored for a consideration. License of 136. § 3. The proprietor, lessee or manager of any pubClass lic warehouse of class A shall be required, before transact-Review by ing any business in such warehouse, to procure from the court. Board of Commissioners of Railroads and Warehouses a license, permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this State, which license shall be issued by said commissioners upon a written application therefor, which shall set forth the location and name of such warehouse and the individual name of each person interested as owner or principal in the management of the same; or, if the warehouse be owned or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated; and the said license shall give authority to carry on and conduct the business of a public warehouse of class A in accordance with the laws of this State, and shall be revocable by the said commissioners, after full hearing, upon satisfactory proof of any violation of law by such licensee, such proof to be taken in such manner as may be directed by and under rules to be established by said commissioners, but the action of said commissioners in granting or refusing licenses and in revoking licenses may be reviewed by the circuit court of the county where such elevator or warehouse is located. [As amended by Act approved May 24, 1907, in force July 1, 1907. 137. 4. The person receiving a license as herein proBond Amount vided shall file with the Board of Commissioners of Railfixed by commis roads and Warehouses a bond to the People of the State of sioners. Illinois with good and sufficient surety, to be approved by said commissioners, in a penal sum to be fixed by said commissioners and which shall not be less than ten thousand doilars, conditioned for the faithful performance of his duty as a public warehouseman of class A and his full and unreserved compliance with all the laws of this State in relation thereto. [As amended by Act approved May 24, 1907, in force July 1, 1907. Warehouses. 138. § 5. Any person who shall transact the business Penalty. of a public warehouse of class A without first procuring a license as herein provided, or who shail continue to transact any such business after such license has been revoked (save only that he may be permitted to deliver property previously stored in such warehouse) shall, on conviction, be fined 'in a sum not less than one hundred dollars for each and every day such business is so carried on. [As amended by Act approved May 24, 1907, in force July 1, 1907. tion prohibited Storage and moving of grain-Receipts InspectionPenalty. 139. § 6. It shall be the duty of every warehouseman Discrim i na of class A to receive for storage any grain that may be tendered to him in the usual manner in which warehouses are accustomed to receive the same in the ordinary and usual course of business, not making any discrimination between persons desiring to avail themselves of warehouse facilities -such grain in all cases to be inspected and graded by a duly authorized inspector and to be stored with grain of a similar grade. received at the same time, as near as may be. In no case shall grain of different grades be mixed together while in store; but if the owner or consignee so requests and the warehouseman consents thereto, his grain of the same grade may be kept in a bin by itself apart from that of other owners, which bin shall thereupon be marked and known as a "separate bin." If a warehouse receipt be issued for grain so kept separate, it shail state on its face that it is in a separate bin, and shall state the number of such bin; and no grain shall be delivered from such warehouse unless it be inspected on the delivery thereof by a duly authorized inspector of grain. Nothing in this section shall be so construed as to require the receipt of grain into any warehouse in which there is not sufficient room to accommodate or store it properly, or in cases where such warehouse is necessarily closed. No grain shall be received into any private elevator or warehouse located in cities having a population of not less than 100,000 inhabitants until it shall have been inspected by a duly authorized inspector, and no grain shall be delivered from any such private elevator or warehouse in cars or boats for shipment until it shall have been inspected out by a duly authorized inspector. Any proprietor, lessee or manager of any warehouse or elevator who shall refuse or neglect to cause grain to be inspected, as in this section pro-| vided, shall, upon conviction, be fined in a sum not less than one hundred dollars for each and every offense. [As amended by Act approved May 24, 1907, in force July 1, 1907. 140. § 7. Upon application of the owner or consignce Manner of is of grain stored in a public warehouse of class A, the same ceipts. suing re Cancelling receipts. Further of is suing and cancell in g receipts. Warehouses. being accompanied with evidence that all transportation or other charges which may be a lien upon such grain, including charges of inspection, have been paid, the warehouseman shall issue to the person entitled thereto a warehouse receipt therefor, subject to the order of the owner or consignee which receipt shall bear date corresponding with the receipt of grain into store, and shall state upon its face the quantity and inspected grade of the grain, and that the grain mentioned in it has been received into store, to be stored with grain of the same grade by inspection, received at about the date of the receipt, and that it is deliverable upon the return of the receipt, properly endorsed by the person to whose order it was issued, and the payment of proper charges for storage. All warehouse receipts for grain, issued from the same warehouse, shall be consecutively numbered; and no two receipts, bearing the same number, shall be issued from the same warehouse during any one year, except in the case of a lost or destroyed receipt, in which case the new receipt shall bear the same date and number as the original, and shall be plainly marked on its face "duplicate." If the grain was received from railroad cars, the number of each car shall be stated upon the receipt, with the amount it contained; if from canal boat or other vessel, the name of such craft; if from teams or by other means, the manner of its receipt shall be stated on its face. 141. § 8. Upon the delivery of grain from store, upon any receipt, such receipt shall be plainly marked across its face with the word "cancelled," with the name of the person cancelling the same, and shall thereafter be void, and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt. 142. § 9. No warehouse receipt shall be issued, except upon the actual delivery of grain into store, in the warehouse from which it purports to be issued, and which is to be represented by the receipt; nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel stated to have been received; nor shall more than one receipt be issued for the same lot of grain, except in cases where receipts for a part of a lot are desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the grain represented by the receipt is delivered out of store and the remainder is left, a new receipt may be issued for such remainder; but such new receipt shall bear the same date as the original, and shall state on its face that it is balance of receipt of the original number; and a receipt upon which a part has been [*822] delivered shall be canceled in the same manner as if it had all been delivered. In case it be desirable to divide one receipt into two or more, or in case it be desirable to consolidate two or more receipts into one, and the warehouseman consent thereto, the original receipt shall be canceled the same as if the grain had been delivered from store and the new receipts shall express on their face that they are parts of other receipts; or a consolidation of other receipts, as the case may be; and the numbers of the original receipts shall also appear upon the new ones issued, as explanatory of the change, but no consolidation of receipts of dates differing more than ten days shall be permitted, and all new receipts issued for old ones canceled, as herein provided, shall bear the same date as those originally issued, as near as may be. Warehouses. 143. § 10. No warehouseman in this State shall insert Not to limit in any receipt issued by him, any language in anywise limit- liability. ing or modifying his liability or responsibility, as imposed by the laws of this State. 144. § 11. On the return of any warehouse receipt Delivery issued by him, properly endorsed, and the tender of all property. proper charges upon the property represented by it, such property shall be immediately delivered to the holder of such receipt, and it shall not be subject to any further charges for storage, after demand for such delivery shall have been made. Unless the property represented by such receipt shall be delivered within two business hours after such demand shall have been made, the warehouseman in default shall be liable to the owner of such receipt for damages for such default in the sum of 1 cent per bushel, and in addition thereto, I 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. of Statement to registrar - Daily publication -Cancelled receipts. 145. § 12. The warehouseman of every public ware- Posting grain house of class A shall, on or before Tuesday morning of in storeeach week, cause to be made out, and shall keep posted up in the business office of his warehouse, in conspicuous place 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 Appointment spector. Warehouses. 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 canceled, 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 canceled 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 canceled, that may be necessary to enable him to keep a full and correct record of all receipts issued and canceled, and of grain received and delivered. [See $159. 146. § 14. 1. It shall be the duty of the Governor to of chief in- 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 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. Duty of chief inspector. Deputy spectors. 2. 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. in- 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 |