Page:1887 Compiled Laws of Dakota Territory.pdf/93

§§ 165-171 has not been cleaned by said warehouseman, there shall be added to the amount so delivered the amount originally deducted from the grain stored, for dirt, which amount shall also be delivered; and when such grain is to be shipped to some terminal point, where such elevator company or warehouseman is then doing business, such elevator company or warehouseman shall guarantee both weight and grade.

§ 165. Every owner or manager of such warehouse, at such times as the commissioners shall require, shall furnish to the commissioners in writing, under oath, a statement of the condition and management of his business as such warehouseman. Such report shall show the total number of bushels of each kind and grade of grain in store, and the number delivered out, and the number remaining in store at the date of the report. But no warehouseman shall be required to weigh the grain on hand more than once in each year. And the warehouseman shall, in addition to the statements herein, be required to furnish to the commissioners any other information regarding the business of his warehouse which the commissioners may require.

§ 166. The commissioners shall cause every warehouse, and the business thereof, and the mode of conducting the same, to be inspected at such times as the commission may order, by one or more members of the commissioners, who shall report in writing to the commissioners the result of such examination; and the property, books, records, accounts, papers and proceedings kept at each warehouse, so far as they relate to their condition, operation or management, shall at all times during business hours be subject to the examination and inspection of such commissioners.

§ 167. The railroad commissioners shall, before the first day of September in each year, establish a grade for all kinds of grain bought or handled by any elevator or warehouse in this territory, which shall be known as "Dakota grades," but which shall not differ from grades in the state of Minnesota; and the grades so established shall be printed and published in the manner required by section 160; provided, that no such publication shall be necessary, except when changes are made in such grades, and then the changes so made only shall be published.

§ 168. All monies collected by the railroad commissioners, as herein provided for, shall be paid into the territorial treasury.

§ 169. It shall be the duty of the treasurer of the territory of Dakota to receive all monies aforesaid, and all fines and penalties collected by virtue of this act, and to keep a separate account of the same, and pay the same on the order of the railroad commissioners, and not otherwise.

§ 170. Each warehouseman shall procure from the commissioners, and shall at all times keep in a conspicuous place in his warehouse, a sample of each of the existing grades of grain, established by the commissioners, which are handled or stored in such warehouse. No warehouseman or other person shall fraudulently change such samples or grades.

§ 171. Upon the delivery of grain from store upon any receipt, such receipt shall be plainly marked across its face the word "canceled," and shall thereafter be void, and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt. No warehouse receipt shall be issued except upon actual delivery of grain into store in the warehouse from which it purports to be issued, and which is to be represented by the receipts; nor shall any receipt be issued for a greater