페이지 이미지
PDF
ePub

dissatisfied

with spection

Warehouses.

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.

Owner, etc., 153. § 21. In case any owner or consignee of grain in-shall be dissatisfied with the inspection of any lot of grain, His rights. or shall from any cause, desire to receive his property without its passing into store, he shall be at liberty to have the 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 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

Suits.

154. § 22. It shall be unlawful for any proprietor, lessee 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 Ilinois, to the use of such person. In all crim'inal 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.

Warehouses.

ceipts as

-Fraudu

lent

moval.

re

156. § 24. Warehouse receipts for property stored in Warehouse reany class of public warehouses, as herein described, shall signable. 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. 157. § 25. Any warehouseman of any public ware-False_receipts house who shall be guilty of issuing any warehouse receipt for any property not actually in store at the time of issuing 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 (except to preserve it from fire or other sudden danger,) without the return and cancellation of any and all outstanding receipts that may have been issued to represent such property, 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. § 26. Nothing in this Act shall deprive any per- Common son of any common law remedy now existing.

law

remedy saved.

of Act post

159.8 27. All proprietors or managers of public ware- Printed copy houses shall keep posted up at all times, in a conspicuous ed. place in their business office, and in each of their warehouses a printed copy of this Act.

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 this Act are hereby repealed.

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.

ers to establish

161. § I. Be it enacted by the People of the State of CommissionIllinois, represented in the General Assembly: That the Board of Railroad and Warehouse Commissioners shall es

grades.

Committee of
Appeals.

Appeals
Notices.

Committee of

Oath--Bond
-Who may

Warehouses.

tablish 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. § 2. Within twenty days after this Act takes effect the Board of Railroad and Warehouse Commissioners 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 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.

[ocr errors]

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 as 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 Appeals entering upon the duties of their office, take an oath, as in 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

serve.

Warehouses.

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., p. 178.

"Registered for collection"- In

fees.

165. § 5. No grain shall be delivered from store from any warehouse of Class A, for which or representing which warehouse receipts shall have been issued, except upon the spection return of such receipts stamped or otherwise plainly marked by the warehouse registrar with the words "registered for collection" and the date thereof; and said board of commissioners shall have power to fix the rates of charges for the inspection of grain, both into and out of warehouse; which charges shall be a lien upon all grain so inspected, and may be collected of the owners, receivers or shippers of such grain, in such manner as the said commissioners may prescribe.

166. § 6. Section 13 of the Act to which this is an Repeal. amendment is hereby repealed: Provided, the provisions contained in said section shall remain in force until the grades for the inspection of grain shall have been established by the commissioners, as provided in section I of this Act. [Grades fixed by commissioners, July 1, 1873.

AN ACT providing for the issuing and the cancellation of receipts for public warehouses, or warehouses of class A or class B, in the State of Illinois, and providing penalties for violation thereof. [Approved May 11, 1901; in force July 1, 1901. As amended by Act approved June 4, 1907; in force July 1, 1907.

cancellation of receipts.

1662. § I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That upon Issuance and the receipt of any grain for storage in any public warehouse of class A or class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed) the said warehouseman shall issue or cause to be issued a receipt for the number of bushels, the kind, the grade of such grain, the owner thereof, and shall report within twenty-four (24) hours to the warehouse registrar the amount of said grain, the owner thereof, the number of

Railroad and Warehouse Commissioners.

the receipt issued therefor, the kind and grade of said grain; and that no grain shall be delivered from store from any such public warehouse of class A or class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed) for which, or representing which, any such receipt shall have been issued, except upon the return of said receipt stamped or otherwise plainly marked by the warehouse registrar with the words, “registered for cancellation," and the date thereof. And it shall be the duty of the warehouseman, after said receipts have been stamped and marked "registered for cancellation," and within twenty-four (24) hours after the last of said grain has been delivered, to report said receipts to the registrar cancelled; and any warehouseman, agent, clerk or servant failing to issue receipts for grain, when received as aforesaid, shall be subject to a fine of one hundred dollars ($100) for each offense. And any warehouseman, agent, clerk or servant so delivering any grain, where receipts have been issued as aforesaid, or inspector or persons connected with the grain department, knowingly permitting said grain to be delivered without notice from the registrar that said receipts have been registered for cancellation, shall be deemed guilty of a crime, and upon conviction thereof shall be fined an amount [equal] to the value of the property so delivered, or imprisonment in the penitentiary not less than one year nor more than ten years.

RAILROAD AND WAREHOUSE COMMISSIONERS.

AN ACT to establish a board of railroad and warehouse commissioners, and prescribe their powers and duties. [Approved April 13, 1871; in force July 1, 1871. L. 1871-2, p. 618.

Appointment
-Term.

167. § I. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That a commission which shall be styled, "Railroad and Warehouse Commission," shall be appointed as follows: Within twenty days after this Act shall take effect, the Governor shall appoint three persons as such commissioners, who shall hold their office until the next meeting of the General Assembly, and until their successors are appointed and qualified. At the next meeting of the General Assembly and every two years thereafter, the Governor, by and with the advice and consent of the Senate, shall appoint three persons as such commissioners, who shall hold their offices for the term of two years from the first day of January in the year of their appointment, and until their successors are appointed and qualified.

Qualification. 168. § 2.

No person shall be appointed as such commissioner who is at the time of his appointment in any way

« 이전계속 »