34-246. Warehouse receipts; issuance and cancellation; division; consolidation.
34-246
34-246. Warehouse receipts; issuance and cancellation; division;consolidation.(a) No warehouse receipt shall be issued except uponactual delivery ofgrain into store in the warehouse from which it purports to be issued. Noreceipt or receipts may be issued for a greater quantity of grainthan was contained in the lot or parcel so received for storageand not more than one receipt may be issued for the same lot ofgrain, except in caseswhere a receipt for a part of a lot is desired and then the aggregatereceipts for a particular lot shall cover that lot and no more.
(b) In cases where a part of the grain represented by a receipt orreceipts is delivered out of store and a remainder is left, a new receiptor receipts shall be issued in the form and manner as prescribed by thesecretary. It shall be stated on the face of the new receiptorreceipts that such new receipt or receipts representthe balance of theoriginal receipt or receipts. The new receipt orreceipts shall bearthereon the number or numbers of the original receipt or receipts andthe original receipt or receipts, upon which a part of the grain has beendelivered, shall be canceled in the manner as if all of the grain has beendelivered. In case it is desirable to divide one receipt into two or more,or in case it is desirable to consolidate two or more receipts into one andthe warehouseman consents thereto, the original receipt or receipts shallbe canceled in the same manner as if the grain had been delivered fromstore. The new receipt or receipts shall express on the face thereofthat such new receipt or receipts represent a part of another receipt orthe consolidation of other receipts, as the case may be, and the number anddate of the original receipt or receipts shall also appear on the newreceipt or receipts issued in lieu thereof. Noconsolidation of receipts differing more than 30 days in date shall bepermitted.
(c) All new receipts issued for old ones canceled asprovided in this section shallbear the notation of the date of the receipt or receipts as originallyissued. All receipts issued on grain in special bins shall bear the numberof the bin and the notation "special bin." All divisions orconsolidations shall bear the bin number of the original receipt and thenotation "special bin." Upon delivery of grain from store upon any receiptissued by a public warehouse, such receipt shall be plainly marked acrossits face "canceled" with the date and the name of the person canceling thesame and thereafter shall be void and shall not again be put in circulation. Nograin shall be delivered twice upon the same receipt.
History: L. 1931, ch. 194, § 24; L. 1939, ch. 197, § 3; L. 1984,ch. 150, § 11;L. 1997, ch. 160, § 29; Sept. 1.