Page:1887 Compiled Laws of Dakota Territory.pdf/94

Public Boards. quantity of grain 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, except in cases where receipt for part of a lot is 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 represented by the receipt is delivered out of store, and the remainder is left, a new receipt may be issued for such remainder, but the new receipt shall bear the same date as the original, and shall state on the 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 consents thereto, the original receipt shall be canceled the same as if the grain had been delivered from store, and the new receipts shall express on their face that they are a part of another receipt, or a consolidation of other receipts, as the case may be; and the numbers 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 date as those originally issued, as near as may be.

§ 172. Every warehouseman of public warehouses shall be required, during the first week in September of each year, to publish in one of the newspapers (daily, if there be such), published in the city or village in which said 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 during the year, and he shall cause the same to be plainly printed on the warehouse receipts or tickets; and such published rates, or any published reduction of them, shall apply to all grain received into such warehouse from any person or source. The charges for storage and handling shall in all cases be equal and just, and shall be approved by the board of railroad commissioners before going into effect, and shall not exceed the usual charges heretofore existing.

§ 173. The attorney general of the territory shall be ex-officio attorney for the railroad commissioners, and shall give them such counsel and advice as they may from time to time require, and he shall institute and prosecute any and all suits which said railroad commissioners may deem expedient and proper to institute, and he shall render to such railroad commissioners all counsel, advice and assistance necessary to carry out the provisions of this act, or any law of this territory, which said commissioners are required to enforce, according to the true intent and meaning thereof. In all criminal prosecutions against a warehouseman for the violation of any of the provisions of this act, it shall be the duty of the district attorney of the county in which such prosecution is brought, to prosecute the same to a final issue.

§ 174. All official bonds required to be given by any person, company or corporation, pursuant to the provisions of this act, shall be filed in the office of the auditor of the territory of Dakota, and suit may be brought thereon in any court having jurisdiction thereof, for the use of any person or persons complaining of hav-