CHAPTER 92.-WAREHOUSEMEN.

5344 SECTION 1. [Description of property.] Whenever any personal property shall be consigned to, or deposited with, any forwarding merchant, whart keeper, warehouse keeper, tavern keeper, or the keeper of any depot for the reception and storage of trunks, baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof.

5345 SEC. 2. [Notice to owner.] If such property shall not have been left with such consignee or bailee for the purpose of being forwarded or otherwise disposed of, according to directions received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner, by letter to be directed to him and deposited in a postoffice to be transmitted by mail, of the reception of such property.

5346 SEC. 3. [Unclaimed property-Sale.] In case any such property shall remain unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks, in a newspaper published in the same county, if there be one, and if not, then in some paper published at the seat of government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

5347 SEC. 4. [Same-Proceedings before justice.]. In case the owner or person entitled to such property shall not, within three months after the publica tion of such notice, claim such property and pay the lawful charges thereon, includ ing the expenses of such publication, the person having possession of the property, his agent, or attorney, may make and deliver to any justice of the peace, of the same county an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property is known or unknown.

5348 SEC. 5. [Same.] Upon the delivery to him of such affidavit, the jus tice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand that the property therein described be sold by the sheriff of the county where the same shall be, at public auction, upon due notice.

5349 SEC. 6. [Notice.] It shall be the duty of the sheriff receiving such inventory and order, to give ten days notice of the sale by posting up written notices thereof in three public places in the county or city, and to sell such property at public auction for the highest price he can obtain therefor.

5350 SEC. 7. [Sheriff's return.] Upon completing the sale, the sheriff making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and the proceeds of the sale after deducting his fees, which shall be the same as upon an execution.

5351 SEC. 8. [Expenses.] From the proceeds of such sale the justice shall pay the charges and expenses legally incurred in respect to such property, or a ratable proportion to each claimant if there be not sufficient to pay the whole; and such justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to three dollars for each days services rendered by him in such proceeding.

CHAP. 92. Chap. LIV, R. S., 389. Chap. 82, G. S., 1075.

5352 SEC. 9. [Avails-Disposition.] Such justice shall deliver to the treasurer of the county in which the property was sold, the affidavit, inventory, and order of sale and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such treasurer any balance of the proceeds of the sale remaining after payment of such charges, expenses, and fees.

5353 SEC. 10. [Duties of treasurer.] The treasurer shall file in his office, and safely keep all the papers so delivered to him, and make a proper entry of the payment to him of any moneys arising from such sale, in the books of his

office.

5354 SEC. 11. [Money paid to owner.] If the owner of the property sold, or his legal representatives, shall, at any time within five years after such moneys shall have been deposited in the county treasury, furnish satisfactory evidence of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount deposited with him.

5355 SEC. 12. [Money paid to school fund.] If the amount so deposited with any county treasurer shall not be paid to such owner, or his legal representatives, within the said five years, such county treasurer shall pay such amount into the school fund of the proper county, to be appropriated for the support of schools. 5356 SEC. 13. [Warehouse receipts-Negotiable-Lien.] any person, firm or corporation engaged in the business of packing pork, or beef, or manufacture of distilled spirits, or of linseed oil, or raising chicory roots, or manufacturing chicory, or producing, owning or hand[1]ing any product, manufactured article, or merchandise, or any other article or product capable of being stored having a warehouse for the storage of his or its own products; and any person, firm or corporation, being the keeper, proprietor or owner of any elevator, warehouse, crib or tanks, wherein is stored any of the products or articles contemplated by this act belonging to such keeper, proprietor or owner, may issue receipts for his or its own property as contemplated by this act, which such person, firm or corporation has so stored, in the usual form of warehouse receipts which shall have the same force and effect as the receipts issued by the keeper of a public warehouse to parties having property so stored therein, which receipt shall be negotiable by endorsement and entitle the bona fide holder thereof, advancing money on the credit of the same, to a lien upon the property so stored and described therein for the money so advanced as to all subsequent purchasers and creditors of any person interested therein, from the date of insurance [issuance] of such receipts and the advance of the money. [1879, p. 73. Amended 1887, chap. 90; 1889, chap. 40; April 12, Laws, 1897, chap. 82, § 1.]

5357 SEC. 14. [Same-Fraudulent-Penalty.] If any person, or any individual or officer of any firm or corporation described in the preceding section, shall execute and deliver or cause to be executed and delivered to any person, firm or corporation, false, fraudulent or fictitious warehouse receipts, acknowledgements or other instruments in writing to the effect that the person, firm or corporation so issuing same has in store in a warehouse, elevator, cribs, tanks, or bins, any of the products or articles contemplated by this act, when in fact said article is not so stored according to the tenor and effect of said receipt, acknowledgement or writing; and if having issued such receipt thereon as in the preceding section provided, such person, individual or officer of any firm or corporation shall sell, encumber, ship, transfer, or in any manner remove beyond his or its immediate control the property described in such receipt without first having discharged the lien by said section thirteen (13), provided without the written consent of the holder of said receipt,

SEC. 13. "An act to provide and regulate the liens of warehouse receipts under certain circumstances.” Passed and took effect February 27, 1879.

with the intent to deceive, defraud, or injure any person, firm or corporation whomsoever, or if any such person, individual or officer of any firm or corporation shall endorse, assign, transfer or deliver to any other person, firm or corporation any such false or fraudulent receipt, acknowledgement or instrument in writing, knowing the same to be false, fraudulent or fictitious with like intent, such person, individual or officer of such firm or corporation shall be adjudged guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), and imprisonment in the penitentiary of this state not exceeding three years. [Id., § 2.]

5358 SEC. 15. [Elevators and storehouses declared public warehouses.] That all elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be Public Warehouses. [1891, chap. 55, § 1a.]

5359 SEC. 16. [Required to make weekly statements.] The owner, lessee or manager of each and every public warehouse shall make weekly statements under oath, on or before each Tuesday up to the close of business of the previous Saturday, before some officer designated by law, and keep the same posted in some conspicuous place in the office of such warehouse, and shall also file a copy for public examination in such other place or places designated by law, which statement shall correctly set forth the amount of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what warehouse receipts have been issued and are at the time of taking such statement, outstanding therefor, and in cities of the metropolitan or first class, the owner, lessee or manager of each public warehouse situated therein shall, in addition to the above, note such daily changes on the copy posted in the warehouse as may be made in the quantity and grade of grain in such warehouse; and the different grades of grain shipped in separate lots shall not be mixed with inferior lots without the consent of the owner or consignee thereof. [Id., § 2a.]

5360 SEC. 17. [Owners at liberty to examine property and books.] The owner or owners of property stored in any warehouse, or holder of a receipt for the same, shall always be at liberty to examine such property stored and all the books and record of the warehouse in regard to such property. [Id., § 3a.]

5361 SEC. 18. [Warehouses.] (Classified.) All public warehouses as herein defined shall be divided into three classes, to be designated as A, B and C respectively, and they shall receive, ship, store and handle the property of all alike without discrimination. This does not apply to property extra hazardous. [Id., § 4a.]

5362 SEC. 19. (Classes defined.) 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 the cities of the metropolitan or first-class. 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. [Id., § 5a.]

5363 SEC. 20. (License.) The proprietor, lessee or manager of any public warehouse shall be required before transacting any business in such, warehouse, to procure from the Board of Transportation a license permitting such proprietor, lessee or manager to transact business as a public warehouseman under the law of this state, which license shall be issued by the Board of Transportation upon a written applic

SECS 15-69. "An act to create and regulate public warehouses, and the warehousing, shipping, weighing and Inspection of grain." Laws, 1891, chap. 55. Took effect July 5, 1891.

cation 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 name 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 in accordance with the laws of this state and shall be revocable by the said Board of Transportation upon complaint of any person in writing, setting forth the particular violation of law, and upon satisfactory proof, to be taken in such manner as may be directed by the said Board of Transportation. [Id., § 6a.]

5364 SEC. 21. (Bond.) The person receiving a license as herein provided shall file with the said Board of Transportation a bond to the people of the state of Nebraska, with good and sufficient security, to be approved by said Board of Transportation, in the penal sum of ten thousand dollars ($10,000,) conditioned for the faithful performance of his duty as public warehouseman, and his full and unreserved compliance with all laws of this state in relation thereto. [Id., § 7a.]

5365 SEC. 22. (Penalty for doing business without a license.) Any person who shall transact the business of a public warehouse without first procuring a license as herein provided, or who shall 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 ($100) nor more than five hundred dollars ($500) for each and every day such business is carried on, and the said Board of Transportation may refuse to renew any license or to grant a new one to any of the persons whose license has been revoked within one year from the time it was revoked. [Id., § 8a.]

5366 SEC. 23. (Not to discriminate-Not to mix grain receipts.) It shall be the duty of any warehouseman of Classes A and B to receive for storage or shipment 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, and in the case of every warehouseman of Class A such grain in all cases shall be inspected and guarded by a duly authorized inspector, and 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 in warehouses of Class A while in store, but if the owner or consignee so requests and the warehousemen consent thereto, his grain of the same grade may be kept in a bin by itself apart from that of the 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 shall 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 of class A 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 warehouses are necessarily closed. [Id., § 9a.]

5367 SEC. 24. (Manner of issuing receipts, Class A.) Upon application of the owner or consignee of grain stored in a public warehouse of Class A, the same being accompanied with evidence that all transportation or other charges which may be a lien upon such grain, including charges for inspection, have been paid, the warehousemen 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 the grain into store, and shall state upon its face the quantity and inspected grade of the grain, and that the grade 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 delivered upon the return of the

receipt, properly endorsed by the person to whose order is 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, barge or other vessel the name and number of such craft; if from teams or by other means the manner of its receipt shall be stated on its face. The number of the bin shall also be written on the face of the receipt when desired by the owner or consignee. [Id., § 10a.]

5368 SEC. 25. (Canceling receipts.) Upon the delivery of grain or other property from store, upon any receipt, such receipt shall be plainly marked across its face with the word "canceled," with the name of the person canceling the same, and shall thereafter be void, and shall not again be put in circulation, nor shall grain or other property be delivered twice upon the same receipt. [Id., § 11a.]

5369 SEC. 26. (Further of issuing and canceling receipts.) No warehouse receipt shall be issued except upon the actual delivery of grain or other property 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 or other property 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 or other property 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 or other property 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 the receipt upon which a part has been 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 or other property 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 number 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 dates as those originally issued as near as may be.. [Id., § 12a.]

5370 SEC. 27. [Warehouse.] (Not to limit liability.) No warehouseman in this State shall insert in any receipt issued by him any language in anywise limiting or modifying his liabilities or responsibilities as imposed by the laws of this State. [Id., § 13a.]

5371 SEC. 28. (Delivery of property.) On the return of any warehouse receipt issued by him, properly endorsed and the tender of all proper charges upon the property represented by it, such property shall be delivered to the holder of such receipt in the order demanded and as rapidly as due diligence, care and prudence will justify. Unless the property represented by such receipt shall be promptly delivered as above, 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 10 per cent.