34-237. Drying, cleaning and safekeeping of grain; removal and sale of out of condition grain, notice.
34-237
34-237. Drying, cleaning and safekeeping of grain;removal and sale of out of condition grain, notice.(a) Any public warehouseman on the written request of theowner of anygrain stored in a private bin, upon the surrender of the receipt, orreceipts, therefor, may be permitted to dry, clean or otherwise changethecondition or value of any such lot of grain; but in such case it shall onlybe delivered as such separate lot, without reference to the grade it may bemade by such process of drying or cleaning.
(b) Nothing in this section shall prevent anywarehousemanfromremoving grain within such warehouseman's warehouse for itspreservation or safekeeping,but no warehouseman shall be held liable for damage to grain stored inspecial bins by heating, unless such damage be caused by the act of thewarehouseman. In case any public warehouseman shall discover that anyportion of the grain stored in a special bin in suchwarehouseman's warehouse is out ofcondition or becoming so, and it is not in suchwarehouseman's power to preserve the same,the warehouseman shall immediately givenotice to the owner,if known, and, if not known,by public notice by advertising in a newspaper of general circulation inthe city in which such warehouse is situated, and by posting a notice onthe warehouse bulletin board or other public place of its actual condition,as near as the warehouseman can ascertain. Thewarehouseman shall state in such notice the kind andgrade of grain and the bin in which it is stored, and shall also state insuch notice the receipts outstanding upon which such grain will bedelivered, giving the numbers, amount and date of each, and shall give thename of the party for whom such grain was stored, the date it was receivedand the amount of it, and the enumeration of receipts and identification ofgrain so described shall embrace as near as possible the quantity of graincontained in such bins, and such grain shall be delivered upon return andcancellation of such receipts, and the unreceipted grain upon the requestof the owner or holder of the receipt or receipts.
(c) Nothing herein contained shall be held to relieve thepublicwarehouseman from exercising proper care and vigilance in preserving suchgrain after such publication of its condition, but such grain shall be keptseparate and apart from all direct contact with other grain, and shall notbe mixed with other grain while in store in such warehouse. Any publicwarehouseman guilty of any act or neglect, the effect of which is todepreciate property stored in the public warehouse under thewarehouseman's control, shallbe liable on the warehouseman's bond or letter ofcredit therefor to the person damaged thereby.
(d) Nothing in this section shall be construed so as to permit anypublicwarehouseman to deliver any grain stored in a special bin or by itself, asprovided in this act, to any but the owners of the lot, or holder of thewarehouse receipt, or receipts. In case the grain declared out of conditionas herein provided for shall not be removed from store by the owner orholder of the warehouse receipt, or receipts, thereof within20days from the date of the notice of its being out of condition, it shall belawful for the public warehouseman where the grain is stored to sell thesame at public auction for account of said owner, or holder, of thewarehouse receipt, or receipts, by giving 10 days' notice byadvertisingin a newspaper (daily, if there is such) published in the city or townwhere such public warehouse is located.
History: L. 1931, ch. 194, § 15;L. 1970, ch. 156, § 4;L. 2000, ch. 30, § 5; Mar. 30.