§ 2. Said State weigh-master and assistnts shall, at the places aforesaid supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such weigh-master and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest.

457. Fees for Weighing.

§ 3. The Board of Railroad and Warehouse Commissioners shall fix the fees to be paid for the weighing of grain or other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed, or scales inspected and tested.

458. Weigh-Master-Qualifications-Bond-Compensation.

§ 4. Said State weigh-master and assistants shall not be a member of any board of trade or association of like character; they shall give bonds in the sum of five thousand dollars ($5,000) conditioned for the faithful discharge of their duties, and shall receive such compensation as the Board of Railroad and Warehouse Commissioners shall determine.

459. May Adopt Rules for Weighing.

§ 5. The Railroad and Warehouse Commissioners shall adopt such rules and regulations for the weighing of grain and other property as they shall deem proper.

460. Neglect of Duty-Penalty.

§ 6. In case any person, warehouseman or railroad corporation, or any of their agents or employees, shall refuse or prevent the afoesaid State weigh-master or either of his assistants from having access to their scales, in the regular performance of their duties in supervising the weighing of any grain or other property in accordance with the tenor and meaning of this Act they shall forfeit the sum of one hundred dollars ($100) for each offense, to be recovered in an action of debt, before any justice of the peace, in the name of the People of the State of Illinois; such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution.

XXXV. WAREHOUSE RECEIPTS.

AN ACT in regard to warehouse receipts. [Approved May 29, 1907. In force July 1, 1907. L. 1907, p. 477.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 241-300.)

461. Issue of.

ARTICLE I.

THE ISSUE OF WAREHOUSE RECEIPTS.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Warehouse receipts may be issued by any warehouseman.

462. Form-Requisites.

§ 2. Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms:

(a)

The location of the warehouse where the goods are stored.

(b) The date of issue of the receipt.

(c) (d)

The consecutive number of the receipt.

A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order.

(e) The rate of storage charges.

(f)

A description of the goods or of the packages containing them. The signature of the warehouseman, which may be made by his thorized agent.

(g)

(h) If the receipt is issued for goods of which the warehouseman is ner, either solely or jointly or in common with others, the fact of such nership, and

(i) A statement of the amount of advances made and of liabilities curred for which the warehouseman claims a lien. If the precise amount such advances made or of such liabilities incurred is, at the time of the sue of the receipt, unknown to the warehouseman or to his agent who sues it, a statement of the fact that advances have been made or liabilities curred and the purpose thereof is sufficient.

A warehouseman shall be liable to any person injured thereby, for all mage caused by the omission from a negotiable receipt of the terms rein required.

3. Terms and Conditions.

§ 3. A warehouseman may insert in a receipt, issued by him, any other rms and conditions: Provided, that such terms and conditions shall not: (a) Be contrary to the provisions of this Act.

(b) In any wise impair his obligation to exercise that degree of care careful man would exercise in regard to similar goods of his own.

4. Non-Negotiable Receipt.

§ 4. A receipt in which it is stated that the goods received will be elivered to the depositor, or to any other specified person, is a nonegotiable receipt.

5. Negotiable Receipts.

§ 5. A receipt in which it is stated that the goods received will be elivered to the bearer, or to the order of any person named in such receipt a negotiable receipt.

No provision shall be inserted in a negotiable receipt that it is nongotiable. Such provision, if inserted, shall be void.

6. Duplicate Negotiable Receipt to be Marked-Liability Where Not Marked.

§ 6.

When more than one negotiable receipt is issued for the same ods, the word "duplicate" shall be plainly placed upon the face of every ich receipt, except the one first issued. A warehouseman shall be liable r all damage caused by his failure so to do to any one who purchased the bsequent receipt for value supposing it to be the original, even though e purchase be after the delivery of the goods by the warehouseman to e holder of the original receipt.

7. Non-Negotiable Receipt to be Marked-Liabilities.

§ 7. A non-negotiable receipt shall have plainly placed upon its face the warehouseman issuing it "non-negotiable," or "not negotiable." In ise of the warehouseman's failure so to do, a holder of the receipt who urchased it for value supposing it to be negotiable, may at his option, eat such receipt as imposing upon the warehouseman the same liabilities e would have incurred had the receipt been negotiable.

This section shall not apply, however, to letters, memoranda, or written knowledgments of an informal character.

ARTICLE II.

OBLIGATIONS AND RIGHTS OF WAREHOUSEMAN UPON THEIR RECEIPTS.

68. Delivery of Goods on Demand.

§ 8. A warehouseman, in the absence of some lawful excuse provided y this Act is bound to deliver the goods upon demand made either by the

holder of a receipt for the goods or by the depositor, if such demand accompanied with

(a) An offer to satisfy the warehouseman's lien.

(b) An offer to surrender the receipt properly endorsed.

(c) A readiness and willingness to sign, when the goods are delivere an acknowledgment that they have been delivered, if such signature requested by the warehouseman. In case the warehouseman refuses fails to deliver the goods in compliance with a demand by the holder o depositor so accompanied, the burden shall be upon the warehouseman establish the existence of a lawful excuse for such refusal.

469. When Justified in Delivering Goods.

§ 9. A warehouseman is justified in delivering the goods, subject the provisions of the three following sections, to one who is

(a) The person lawfully entitled to the possession of the goods, o his agent. (b) A person who is either himself entitled to delivery by the term of a non-negotiable receipt issued for the goods, or who has written authorit from the person so entitled either endorsed upon the receipt or writte upon another paper, or

(c) A person in possession of a negotiable receipt by the terms o which the goods are deliverable to him or order or to bearer, or which ha been endorsed to him or in blank by the person to whom delivery wa promised by the terms of the receipt or by his mediate or immediat indorsee.

470. When Warehouseman Liable for Conversion.

§ 10. Where a warehouseman delivers the goods to one who is not i fact lawfully entitled to the possession of them, the warehouseman shal be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than is authorized by sub divisions (b) and (c) of the preceding sections and though he delivered the goods as authorized by said subdivisions he shall be so liable, if prio to such delivery he had either

(a) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery, or (b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.

471. Delivery of Goods, Failure to Cancel Negotiable Receipt.

§ 11. Except as provided in section 36, where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.

472. Delivery of Part of Goods, Failure to Cancel.

§ 12. Except as provided in section 36, where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered he shall be liable, to any one who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman.

473. Alteration of Receipt-Effect.

§ 13. The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was:

(a) Immaterial.

(c) Made without fraudulent intent.

If the alteration was authorized, the warehouseman shall be liable ccording to the terms of the receipt as altered. If the alteration was nauthorized, but made without fraudulent intent, the warehouseman shall e liable according to the terms of the receipt, as they were before altertion.

Material and fraudulent alteration of a receipt shall not excuse the arehouseman who issued it from liability to deliver, according to the erms of the receipt as originally issued, the goods for which it was issued, ut shall excuse him from any other liability to the person who made the Iteration and to any person who took with notice of the alteration. Any urchaser of the receipt for value without notice of the alteration shall cquire the same rights against the warehouseman which such purchaser Yould have acquired if the receipt had not been altered at the time of the urchase.

74. Where Receipt Lost or Destroyed-Proceedings in Court.

§ 14. Where a negotiable receipt has been lost or destroyed, a court f competent jurisdiction may order the delivery of the goods upon satisactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the wareouseman from any liability or expense, which he or any person injured y such delivery may incur by reason of the original receipt remaining utstanding. The court may also in its discretion order the payment of the warehouseman's reasonable costs and counsel fees.

The delivery of the goods under an order of the court as provided in his section, shall not relieve the warehouseman from liability to a person o whom the negotiable receipt has been or shall be negotiated for value vithout notice of the proceedings or of the delivery of the goods.

75. "Duplicate" Receipt, Warranty.

§ 15. A receipt upon the face of which the word "duplicate" is plainly laced is a representation and warranty by the warehouseman that such eceipt is an accurate copy of an original receipt properly issued and unancelled at the date of the issue of the duplicate, but shall impose upon tim no other liability.

76. When Warehouseman May Claim Title, Etc.

§ 16. No title or right to the possession of the goods, on the part of he warehouseman, unless such title or right is derived directly or indirectly rom a transfer made by the depositor at the time of or subsequent to the leposit for storage, or from the warehouseman's lien, shall excuse the wareouseman from liability for refusing to deliver the goods according to the erms of the receipt.

177. Where Several Claim Title.

$ 17. If more than one person claim the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for non-delivery of the goods, or as an original suit, which ever is appropriate, require all known claimants to interplead.

478. Where Adverse Claims.

§ 18. If some one other than the depositor or person claiming under him as a claim to the title or possession of the goods, and the warehouseJoan has information of such claim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the diverse claim or to bring legal proceedings to compel all claimants to interplead.

479. Right and Title of Third Person No Defense-Exception.

§ 19. Except as provided in the two preceding sections and in section 9 and 36, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against the ware houseman for failure to deliver the goods according to the terms of the receipt.

480. Liability for Damages Caused by Non-Existence of Goods, Etc.

§ 20. A warehouseman shall be liable to the holder of a receipt for damages caused by the non-existence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them or by a statement that the goods are said to be goods of a certain kind, or that packages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the warehouseman issuing the receipt, although the goods are of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.

481. Liability for Loss or Injury to Goods.

not

§ 21. A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care.

482. Goods to be Kept Separate.

§ 22. Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and re-delivery of the goods deposited.

483. May Mingle Fungible Goods-Rights of Depositors.

§ 23. If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common, and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole.

484. Liability for Delivery of Share of Such Mass.

$ 24.

The warehouseman shall be severally liable to each depositor for the care and re-delivery of his share of such mass to the same extent and under the same circumstances as if the goods had be [been] kept separate. 485. Cannot be Attached, Etc., Unless Receipt First Surrendered. $ 25. If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they cannot thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court.

486. Creditor May Attach Receipt, Etc.

§ 26. A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such receipt or in satisfying the claim by