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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.

Warehouses.

tor to take oath and

give bond.

4. The chief inspector of grain shall, upon entering upon when inspecthe duties of his office, be required to take an oath as in cases of other officers, and he shail 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.

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.

in

Deputy
spec tor
Oath--Bond.

ernment of inspectors.

6. The chief inspector of grain, and all deputy inspect- Rules for govors of grain and other employés in connection therewith, 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.

7. It shall be the duty of the board of commissioners to fix 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.

Com pensation.

Appointment of

house reg

Warehouses.

8. The Board of Commissioners of Railroads and Warewarehouses are hereby authorized to appoint a suitable person as istrar. warehouse registrar and such assistants as may be deemed necessary to perform the duties imposed upon such registrar by the provisions of this Act.

Board

of 9.

sioners to

The said board of commissioners shall have and exerCommiscise a general supervision and control of such appointees, exercise shall prescribe their respective duties, shali fix the amount of general supervision. their compensation and the time and manner of its payment. Penalty for 10. Upon the complaint in writing of any person to the violating said board of commissioners, supported by reasonable and

Act.

Necessary ex

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.

II. All necessary expenses incident to the inspection of pense of In-grain and to the office of registrar, economically adminis spector of Grain. 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.

Rates of storage.

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

(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.

first ten days or part thereof, one and one-quarter (14)| 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 damage, 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.

Warehouses.

Heating Order of delivery Grain

out

of condi

tion.

148. § 16. No public warehouseman shall be held re- Loss by firesponsible for any loss or damage to property by fire while in his custody, provided reasonable care and vigilance be exercised to protect and preserve the same, nor shall be held liable for damage to grain by heating, if it can be shown 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 un

1

Warehouses.

canceled, the grain represented by which has not [*825] previously been declared or receipted for as out of condition, er 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 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 warewith grain houseman to mix any grain of different grades together, or vate bins to select different qualities of the same grade for the purpose Cleaning of storing or delivering the same, nor shall he attempt to 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, however, 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

stored-Pri

Dry in g

Moving.

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 preservation or safe keeping. [See § 125.

Warehouses.

of grain and scales incorrect

scales.

150. § 18. All persons owning property, or who may Examination 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 person or persons, agent or agents, whose property has been or is to be weighed on such scales-the expense of such test by an inspector or sealer to be paid by the warehouse proprietor 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 condition 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.

inspected.

151. § 19. In all places where there are legally ap-Grain must be 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.

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act as inspector.

152. § 20. Any person who shall assume to act as an Assuming inspector of grain, who has not first been so appointed and sworn, shall be held to be an impostor, 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.

an

inspector Influencing.

Any duly authorized inspector of grain who shall be Misconduct of guilty of neglect of duty, or who shall knowingly or carelessly 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'

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