Page:United States Statutes at Large Volume 44 Part 1.djvu/123

109 and actual course of business, without making any discrimination between persons desiring to avail themselves of warehouse facilites. (Aug 11, 1916. c. 313, 39 Stat 488.)

255. Deposits of producta deemed made subject to chapter— Any person who deposits agricultural products for storage in a warehouse licensed under this chapter shall be deemed to have deposited sited the same subject to the terms of this chapter and the rules and regulations prescribed thereunder. (Aug. 11, 1916,313, 39 Stat. 488.)

256. Inspection and grading of products stored. Any fungi- ible agricultural product stored for interstate or foreign com- merce, or in any place under the exclusive jurisdiction of the United States. In a warehouse. licensed under this chapter shall be inspected and graded by a person duty licensed to grade the same under this chapter. (Feb. 23, 1923, c. 106, 42 Stat.

257. Standards for agricultural products. The Secretary of Agriculture is authorized, from time to time, to establish and promulgate standards for agricultural products by which their uility or value may be judged or determined: Provided, That the standards for any agricultural products which have or which in future may be, established by or under authority or any other Act of Congress shall be, and are adopted for the purposes of this chapter as the official standards of the United States for the agricultural products which they relate. (Feb. 23, 1923, c. 106, 42 Stat. 1284.)

258. Mingling products stored. Every warehouseman con- ducting a warehouse licensed under this chapter shall keep the agricultural products therein of one depositor so far separate from agricultural products of other depositors, and from other agricultural products of the same depositor for which a seperate receipt has been issued, as to permit at all times the and redelivery of the agricultural products de- posited; but if authorized by agreement or by custom, a ware- houseman may mingle fungible agricultural products with other agricltural products of the same kind and grade, and shall be severally liable to each depositor for the care and redelivery {{illegible} his share of such mass, to the same extent and under the same circumstances as if the agricultural products had been kept separate, but he shall at no time while they are in custody mix fungible agricultural products of different (Aug. 11, 1916, c. 313, 39 Stat. 488.)

259. Receipts for products stored generally. For all agri- cultural products stored for interstate or foreign commerce, any place under the exclusive jurisdiction of the United States in a warehouse licensed under this chapter original receipts shall be issued by the warehouseman conducting the but no receipts shall be issued except for agricultural products actually stored in the warehouse at the time of the thereof. (Aug. 11, 1916, c. 313, 39 Stat. 488.)

260. Contents of receipts.-Every receipt issued for agricul- tural products stored in a warehouse licensed under this shapter shall embody within its written or printed terms (a) the location of the warehouse in which the agricultural prod- ucts are stored; (b) the date of issue of the receipt; (c) the con- secutive number of the receipt; (d) a statement whether the agricultural products received will be delivered to the bearer, to a specified person, or to a specified person or his order; (e) of storage charges; (f) a description of the agricul- tural products received, showing the quantity thereof, or, in of agricultural products customarily put up in bales or package, a description of such bales or packages by marks, chers, or other means of identification and the weight of such bales or packages; (g) the grade or other class of the agricultural products received and the standard or descrip- tion in accordance with which such classification has been made: Provided, That such grade or other class shall be stated according to the official standard of the United States applicable to such agricultural products as the same may by fixed and promulgated under authority of law: Provided further, That until such official standards of the United States for any agricultural product or products have been axed and promulgated, the grade or other class thereof may be stated in accordance with any recognized standard in accordance with such rules and regulations not inconsistent herewith as may be prescribed by the Secretary of Agriculture; (h) a statement that the receipt is issued subject to the United States Warehouse Act and the rules and regulations prescribed thereunder; (i) if the receipt be is- sued for agricultural products of which the warehouseman is owner, either, solely or jointly or in common with others, the fact of such ownership;- (j) a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien: Provided, That if the precise amount of such advances made or of such liabilities in- curred be at the time of the issue of the receipt unknown to the warehouseman or his agent who wishes it, a statement of the fact that advances have been made or liabilities in- curred and the purpose thereof shall be sufficient; (k) such other terms and conditions within the limitations of this chapter as may be required by the Secretary of Agriculture; and (1) the signature of the warehouseman, which may be made by his authorized agent: Provided, That unless other- wise required by the law of the State in which the ware. house is located, when requested by the depositor of other than fungible agricultural products, a receipt omitting com- pliance with subdivision (g) of this section may be issued: Provided, however, That the Secretary of Agriculture may in his discretion require that such receipt have plainly and conspic- uously embodied in its written or printed terms a provision that such receipt is not negotiable. (Feb. 23, 1923, c. 106, 42 Stat. 1284.)

261. Issuance of further receipt, original outstanding. While an original receipt issued under this chapter is out- standing and uncanceled by the warehouseman issuing the same no other or further receipt shall be issued for the agricultural product covered thereby or for any part thereof, except that in the case of a lost or destroyed receipt a new receipt, upon the same terms and subject to the same conditions and bearing on its face the number and date of the receipt in lieu of which it is issued, may be issued upon compliance with the statutes of the United States applicable. thereto in places under the exclusive jurisdiction of the United States or upon compliance with the laws of any State applicable thereto in any place not under the exclusive juris- diction of the United States: Provided, That if there be in such case no statute of the United States or law of a State applicable thereto such new receipts may be issued upon the giving of satisfactory security in compliance with the rules and regu- lations made pursuant to this chapter. (Aug. 11, 1916, c. 13, 30 Stat. 489.)

262. Delivery of products stored on demand; conditions to delivery.-A warehouseman conducting a warehouse licensed under this chapter, in the absence of some lawful excuse. shall, without unnecessary delay, deliver the agricultural products stored therein upon a demand made either by the holder of a receipt for such agricultural products or by the depositor thereof if such demand be accompanied with (a) an offer to satisfy the warehouseman's lien; (b) an offer to surrender the receipt, if negotiable, with such indorsements as would be necessary for the negotiation of the receipt; and (c) a readiness and willingness to sign, when the products are delivered, an acknowledgment that they have been de- livered if such signature is requested by the warehouseman. (Aug. 11, 1910, c. 313, 39 Stat. 489.)