Imágenes de páginas
PDF
EPUB

AND GRAIN COMMISSION; PROVIDING FOR THE INSPECTION OF ALL PUBLIC SCALES BY THE STATE HAY AND GRAIN INSPECTOR, AND LICENSING SAME, REQUIRING ALL WEIGHMASTERS, AGENTS OR SUPERINTENDENTS TO TAKE OUT LICENSES, AND FIXING THE FEES THEREFOR; AND PROVIDING THAT WAREHOUSEMEN MAKE ANNUAL REPORT, AND FIXING PENALTIES FOR ANY VIOLATION THEREOF; MAKING IT THE DUTY OF THE PROSECUTING ATTORNEYS OF THE SEVERAL COUNTIES OF THIS STATE TO PROSECUTE ANY AND ALL VIOLATIONS OF ANY OF THE PROVISIONS OF THIS ACT, MAKING APPROPRIATIONS FOR CARRYING INTO EFFECT THE SEVERAL PROVISIONS OF THIS ACT RELATING TO THE POWERS AND DUTIES OF THE STATE HAY AND GRAIN COMMISSION, AND FOR THE COMPENSATION AND EXPENSES OF THE STATE HAY AND GRAIN INSPECTOR, AND FOR ALL MINOR OFFICERS AS HEREIN PROVIDED; REPEALING ALL ACTS AND PARTS OF ACTS CONFLICTING WITH ANY OF THE PROVISIONS OF THIS ACT; AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That Section 1482 d be amended to read as follows:

Section 1482 d, of the Session Laws of 1909, all such public elevators, warehouses and prospective purchasers shall be licensed annually by the Commission. Applications for such license shall be made before transacting warehouse business. Every license issued shall expire on the thirtieth day of June the following year. The fee for said license shall be Five Dollars ($5.00) for each and every warehouse so operated and for each and every prospective purchaser. Such license shall be revoked by the Commission for cause upon notice and hearing.

SEC. 2. That Section 1482f of the Session Laws of 1909 be amended to read as follows:

Section 1482f. Every public warehouseman shall receive for storage and shipment, so far as the capacity of his warehouse or warehouses will permit, all grain, hay, wool, or other products in suitable condition for storage tendered him in the usual course of business without discrimination of any kind. At the request of the owner or consignee, such warehouseman shall store any grain, hay or other product of the same grade and of the same owner or consignee in a separate pile, which shall thereupon be marked and known. as a special pile.

If a warehouse receipt be issued for such hay, grain, wool or other product, it shall state that it is separately stored,

and shall give the number of the pile, and number of sacks, name of product and kind, and gross number of pounds. The warehouseman, agent or superintendent shall place upon or cause to be placed upon the grain or other product, printed on the sacks or other sign board in large legible letters, plainly visible from the aisle, the owner's name and pile number.

SEC. 3. That Section 1482g of the Session Laws of 1909 be amended to read as follows:

Section 1482g. Every person having an interest in any hay, grain, wool or other product stored in any such warehouse, the State Hay and Grain Inspector, and any legally licensed prospective purchaser shall have the right to examine at all times during business hours, any hay, grain, wool or other products so stored, and all parts of such warehouses; and every such warehouseman, his agent or servants, shall furnish proper facilities for such examination, and samples of grain; when requested by the Inspector or legally licensed prospective purchaser; Provided: If the words "not for sale" be posted on said pile, such pile shall not be examined or samples taken therefrom.

SEC. 4. That Section 1486 of the Revised Codes of Idaho as amended by an act approved March 5, 1909, be amended to read as follows:

Section 1486. It shall be the duty of every person keeping, controlling, managing or operating as owner or agent, or superintendent of any company or corporation, and warehouse, commission house, forwarding house, mill, wharf, or other place where hay, grain, flour, wool or other products are stored, to keep in proper books, a record of all hay, grain, wool, flour, and other products received, stored or shipped, stating the gross weight, name of commodity, grade of commodity, per cent of dockage for dirt, smut, dampness, sprouted grain, bleached or other cause, net weight, and the name of the owner, and such book shall be opened to the Chief Inspector or his deputies for examination and approval, and to deliver to the owner of such hay, grain, flour, wool or other product a warehouse receipt therefor, which receipt shall be consecutively numbered, and shall bear the date of its issuance, and state from whom received, the number of sacks, (if sacked), the gross number of pounds, dock for dirt, smut, dampness, sprouted, bleached or other cause, net number of pounds, and kinds and grade of grain, and the terms and conditions upon which such hay, grain, wool, flour and other product is stored; Provided: That in all such cases the receipt shall be conclusive evidence of what it contains as against said warehouse, and

no further charge shall be made than is provided for in said receipt, and the grade so shown by said warehouse receipt shall conform to the grades established by said Grain Commission; Provided, further: That upon request of the owner, grain or hay may be put in a special pile or bin without grading, and if hay or grain has been damaged, it shall be received and piled in a special pile marked with the distinguishing mark, which shall be shown on the receipt for the same, and give number of sacks, bales, name of commodity and gross number of pounds. The failure to issue such receipt as directed, or issuance of slips, memoranda or other form of receipt, shall be an offense punishable by the provisions of this Act.

SEC. 5. That Section 1492 of the Revised Codes of the State of Idaho be amended to read as follows:

Section 1492. On the presentation of the receipt given by any person operating any warehouse, commission house, forwarding house, mill, wharf, or any other place of storage for hay, grain, flour, wool, or other produce or commodity, and on payment of all the charges due thereon, or tending payment of said charges, the owner shall be entitled to the immediate possession of the commodity named in such receipt; and it shall be the duty of such warehouseman, wharfinger, millman, or other bailee, to deliver such commodity to the owner of such receipt. If not delivered within twenty-four (24) hours after such demand, any warehouseman, wharfinger, miller, or other bailee, after proper facilities have been provided, shall be liable to the owner for damages not exceeding one cent (1c) a bushel for each day's delay, unless he shall deliver to different owners in the order demanded, as rapidly as it can be done with ordinary diligence.

SEC. 6. That Section 1493 of the Revised Codes of Idaho be amended to read as follows:

Section 1493. Any person, firm or corporation superintendent or trustees of any Board of Directors of any firm or corporation, who shall violate any of the provisions of this Chapter shall be guilty of a felony, and, upon conviction thereof, shall be fined in any sum not to exceed Five Thousand Dollars ($5000) or be imprisoned in the penitentiary of the State not exceeding five years or both; and in case of a corporation, the person acting for such corporation shall be liable for a like punishment upon indictment and conviction, and all and every person or persons aggrieved by a violation of this Chapter, may have and maintain an action at law against the person or persons, corporation or corporations, violating any of the provisions of

this Chapter, to recover all damages, immediate or consequential, which he or they may have sustained by reason of such violation, before any Court of competent jurisdiction, whether such person shall have been convicted under this chapter or not.

SEC. 7. That Chapter 31, of Title 8, of the Revised Codes of Idaho, be amended by adding the following section, towit: Sections 1493a, 1493b, 1493c, 1493d, 1493e, 1493f, 1493g, 1493h, 1493i, 1493j, 1493k.

Section 1493a. On or about the first day of May, the State Hay and Grain Commission shall meet and establish necessary rules and regulations for handling hay, grain and other farm products for the ensuing year.

Section 1493b. Every warehouseman shall, on or before the fifteenth day of July in each year, render to such commission, on blanks prepared by it, an itemized and verified report of all business transacted by him during the year beginning July first of the preceding year and ending June 30 of the current year. Such report shall state the owner's name, name and kind of commodity, gross and net pounds, per cent of dock, cause of dockage, and the number of sacks or bales of all hay, grain, flour, wool or other products in his warehouse at the beginning of the year, the owner's name, commodity and kind, number of sacks or bales, gross and net weight, per cent of dock, and cause of dockage of all hay, grain, flour, wool, or other products shipped or delivered from such warehouse, and the owner's name, commodity and kind, number of sacks or bales, gross and net weight, per cent of dock, and cause of dockage of all hay, grain, flour, wool or other product remaining in the warehouse at the end of the year, and such report shall particularly specify and account for any overage or shortage in any kind of hay, grain, flour, wool or other products occurring during the year. The Commission may also require special reports from each warehouseman at such times as the Commission may deem expedient, and the Commission may cause every such warehouse and the business thereof and the mode of conducting the same to be inspected by one or more of its members or by its authorized agent whenever deemed proper, and the property, books, records, accounts, papers and proceedings of every warehouseman shall at all times during business hours, be subject to such inspection.

Section 1493c. The Commission shall make such rules as may be necessary in regard to the receipt and delivery of grain, the issuance, cancellation, division and consolidation of warehouse receipts, and such other matters relative

to the management of the business of local warehouses as it may deem proper, and may prescribe a uniform system of books, records, accounts and reports to be made to the Commission.

Section 1493d. All weigh masters, agents or superintendents of any company, firm or corporation, operating any warehouse, commission house, forwarding house, mill, wharf, or other place where hay, grain, wool, flour or other products are stored, shall be licensed annually by the Commission. Application for such license shall be made before transacting warehouse business. Every license shall expire on the year following date of issue. The fee for such license shall be One Dollar ($1.00) for each weighmaster, agent or superintendent authorized to weigh any hay, grain, flour, wool, or other farm products, or to issue warehouse receipts. Any such license may be revoked by the Commission upon notice and hearing.

Section 1493e. The State Hay and Grain Inspector, with the approval of the Commission, shall appoint such number of deputies as may be necessary, fixing salaries thereof, and may establish headquarters and properly equip same with proper facilities for recording all transactions, and testing, grading, and classifying all hay, grain, wool, flour, or other farm products.

Sec. 1493f. The fees for inspection and grading hay, grain, or other products shall be fixed by the Commission and shall be a lien upon the grain. If the grain is in transit, such fees shall be paid by the carrier and treated as advanced charges, and if received for storage, by the warehouseman, and added to the storage charges. All moneys so collected and all fines and penalties for violation of any of the provisions of this Chapter shall be paid into the State Treasury and known as the "State Hay and Grain Commission Fund," and paid out only on order of the Commission and Auditor's warrants. All interest recovered from deposits of said moneys shall be credited on the first of each month to such fund, and notice of the amount of such interest shall be sent to the Chief Hay and Grain Inspector.

Section 1493g. Upon written complaint filed with the Commission charging an Inspector of Hay, Grain or Scales with official misconduct, inefficiency, incompetency, or neglect of duty, the Commission shall investigate such charge, and if any of such charges be sustained, shall remove such officer.

Section 1493h. All scales used in public warehouses, depot scales, street scales, or scales used in stock yards, for the weighing of grain, hay, wool, coal, livestock, or other

« AnteriorContinuar »