Page:1887 Compiled Laws of Dakota Territory.pdf/92

Public Boards. 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, in accordance with the laws of this territory; provided, that it shall be unlawful for any warehouseman, company or corporation, engaged in purchase and storage of grain subject to the provisions of this act, to enter into any contract, agreement or combination with any other such warehouseman, company or corporation, for pooling in the purchase and storage of grain by different and competing warehousemen, companies or corporations, to divide between them the aggregate or net proceeds of margins or profits resulting from their said business as warehousemen or any portion thereof; and in any case of such contract, agreement or combination for such pooling of their said business as warehousemen each day of its continuance shall be deemed a separate offense. Any violation of this section shall on conviction be subject to a fine of not less than two hundred dollars for each offense.

§ 161. The person, association or corporation receiving license as herein provided, shall file with the commissioners granting the same a bond to the territory of Dakota, with good and sufficient sureties, in the penal sum of not less than two thousand dollars nor more than fifty thousand dollars for each and every elevator operated, proportioned to the capacity of the elevators or warehouses, in the discretion of said commissioners, for each license so granted, conditioned for the faithful performance of duty as a public warehouseman, and a full and unreserved compliance with all the laws of this territory in relation thereto. A fee of one dollar shall be paid for each license by the person, association or corporation applying for the same.

§ 162. Any person, association or corporation who shall transact the business of public warehouseman without first procuring a license as herein provided, shall, on conviction, be fined a sum not less than one hundred dollars for each and every day such business is carried on. Every such license shall expire on the first day of August next following the issuance thereof.

§ 163. All owners of such elevators and warehouses so licensed shall, upon the request of any person delivering grain at such warehouse, give a warehouse receipt therefor,s ubjecttherefore, subject [sic] to the owner or consignee, which receipt shall bear date corresponding with the receipt of the grain, and shall state upon its face the quantity and grade fixed upon the same. All warehouse receipts issued for grain received shall be consecutively numbered, and no two receipts bearing the same number and series shall be issued during the same year. No warehouse receipt shall be issued except upon actual delivery of grain into such warehouse. No such warehouseman shall insert into any warehouse receipt issued by him any language in anywise limiting or modifying his liability as imposed by the laws of this territory.

§ 164. On the return of any warehouse receipt properly indorsed, and the tender of all proper charges upon the property represented by it, such grain or an equal quantity of the same grade, shall be immediately delivered to the holder of such receipt as rapidly as due diligence, care and prudence will justify. Nothing in this section shall be construed to mean the delivery of the identical grain specified in the receipt so presented, but an equal amount of the same grade; and if the grain so delivered