of Illinois hereby relinquish claim and jurisdiction over the following described land, viz: two acres of land situated in the south west part of the northwest quarter of section two, (2,) town five (5) north, range ten (10) west of the third (3d) principal meridian; and full and complete jurisdiction is hereby given over said land to the United States, for the use and purposes of said land being a burial place for soldiersthe state hereby retaining only such jurisdiction and authority over said land as may be necessary for the purpose of enforcing the criminal laws of the state.

§ 2. Said land shall not be used for any purpose, except specify puras herein specified.

§3. This act shall be deemed and taken to be a public act, and shall take effect from and after its passage. APPROVED March 5, 1867.

pose.

WAREHOUSEMEN.

AN ACT regulating warehousemen, and authorizing connections of railroads with warehouses, and for other purposes.

In force February 16, 1867.

SECTION 1. Be it enacted by the People of the State of Warehousemen Illinois, represented in the General Assembly, That hereafter, all persons who shall keep a warehouse in this state, for the storing of grain, in which the grain of each person storing grain in such warehouse shall be kept in a separate bin, distinct from the grain of all other persons, shall be denominated "private warehousemen;" and that all persons keeping a warehouse for the storing of grain in bulk, and in which the grain of different owners shall, in any way, be mixed, shall be denominated "public warehousemen."

§ 2. Every public and private warehouseman, receiving grain into store shall, on demand of the owner thereof, receipt to such owner, setting forth the quantity, kind and grade of such grain; which receipt shall be evidence in action against such warehousemen for damage to such grain or other causes, of the quantity, kind and grade of such grain, when received by such warehousemen.

Receipts.

Grain to be

§ 3. Every private warehouseman shall keep the grain separated. of every person that may be stored with such warehouseman entirely separate and distinct from the grain or property of a like nature, kind or quality of any other person or persons, and upon the surrender of the warehouse receipt provided in section two of this act, shall deliver to the person so surrendering the same the identical grain described in such receipt and for which said receipt was issued.

Mixing.

Publication.

Mixing allowed

Inspectors duty

§ 4. If any private warehouseman shall mix the grain or property or any owner with the grain or property of any other person such warehouseman shall be liable to such owner for the fuli value of the grain so mixed together with such damages as the owner may have sustained by reason of the mixing by such warehouseman of the grain of such

owner.

§ 5. All public warehousemen, in all places where the storage capacity of the town or city exceeds one million bushels, shall on the second Monday of each year, prepare and publish in a newspaper published in the county where his or their warehouse shall be situated, a statement of the rates of storage for the full calendar year next ensuing; which rates shall in no manner be changed, to the injury or prejudice of any person or persons storing grain in such warehouse.

§ 6. It shall be lawful for public warehousemen to store grain in bulk and mix the grain of like kind and grade of different owners, and the keepers of such public warehouses are hereby exempted from the provisions of this act prohibiting the mixing of the grain of different owners, which provisions apply alone to private warehousemen.

87. In all places, where lawfully authorized inspectors of grain shall be appointed, it shall be their duty, on the application of any public warehouseman, or his agent, to inspect and determine the grade of any grain about to be delivered into or out of any public warehouse; and no public warehouseman, in such place where lawfully authorized inspectors of grain shall be appointed, shall receive any grain for storage until it is so inspected and graded; and such grain shall be by such warehouseman placed in bins containing grain of the same grade and kind; and such bins shall be marked in some conspicuous place with a number from which the kind and grade of grain such bins contain can be determined; and the grade of such grain shall not while in such warehouse be changed or raised by any process of cleaning, drying or mixing, or by any other process; and no such warehouseman or shipper of grain shall mix, in any manner, the different grades of grain: Provided, it shall be lawful for such warehouseman, at the request of the owner of any lot of grain, to mix, dry or clean any grain belonging to such owner, and to place the same in a separate bin, subject to the order and disposition of such owner; and, in such case, if said lot of grain, after having been cleaned and dried is placed in the inspected grain, it shall be given the grade it received from the inspector when received into store, and shall not be mixed with grain which, on being received into store, was inspected as a higher or better grade; neither shall such grain after having been dried and cleaned and placed in special bins, be deliverable upon any

ited.

receipt of any such warehouseman calling for the delivery of any grain by grade, save upon receipts calling for the same grade given such grain upon inspection into store. § 8. Any public warehouseman or shipper of grain, who Mixing prohibshall be guilty of mixing the different grades of grain in cars or warehouses, or of selecting or causing to be selected choice lots of any particular grade, for the purpose of raising the grade thereof, or of placing the same in special bins, separate and apart from the grain of the same grade, save upon application of the owner of such identical grain, or shall be guilty of raising the grade of any grain, or causing the grade of any grain to be raised, so stored with him, as aforesaid, shall be deemed guilty of a misdemeanor and shall be fined in the sum of not less than one thousand dollars nor more than five thousand dollars, and imprisoned in the county jail for a period of not less than twenty days nor more than six months.

$9. All persons keeping public warehouses in the city Warehouses in of Chicago shall file with the board of trade of said city, Chicago. on Tuesday of each week, a statement, showing the amount of each kind of grain in store in such warehouses up to the Saturday night preceding such statement, which shall be sworn to by the persons keeping such warehouses, or by their agents, and shall be so made that the aggregate of such statements during the year will show exactly the amount of grain held in store during the year; and in case any person making such statement shall be guilty of false swearing he shall be and he is hereby made subject to the pains and penalties of perjury.

8 10. No public warehouseman shall enter into any Agreements. agreement with any inspector of grain or with the owner of any grain stored or to be stored in his warehouse; neither shall the owner of any grain enter into any agreement with any inspector of grain or with the keeper of any public warehouse; neither shall any inspector enter into any agreement with the keeper of any public warehouse, the owner of any grain or other person, concerning the manner in which such grain shall be inspected, or graded, with an intent to give any grain an improper grade or a grade to which it does not belong; and any person so offending shall be deemed guilty of a felony, and, on conviction, shall be imprisoned in the penitentiary not less than one nor more than five years.

bered.

§ 11. All warehouse receipts issued to the owners of Receipts numgrain stored in any warehouse shall be consecutively numbered, and no two receipts bearing the same number shall be issued for the same grade of grain by any warehouseman from the same warehouse, during the same calendar year, nor shall any warehouseman issue to any person any second receipt for any grain in store while any

Negotiable.

Conditions,

May visit.

Discrimination

former or other receipt for the same grain or any part thereof shall be outstanding and uncanceled, except in cases of lost receipts, when duplicates, so marked, may be issued; and no warehouse receipts shall be issued unless the grain be in store or under the control of the warehouseman issuing the same; nor shall any receipt be issued to any person for a greater amount of grain than such person shall have delivered in store at the time of the issuing of such receipt; nor shall any receipt be re-issued on which grain has once been delivered; nor shall any receipt be issued unless the grain for which such receipt is issued shall be actually in store and under the control of the warehouseman issuing such receipt at the time such receipt was issued; and every receipt, when once surrendered and the grain for which it was issued delivered, shall be canceled, and shall never thereafter be put in circulation. Any person who shall violate any of the provisions of this section, or who shall negotiate or put in circulation any warehouse receipt issued in violation of any of the provisions of this act, knowing the fraudulent character of such receipt, shall be deemed guilty of a felony, and on conviction thereof, shall be fined in a sum not less than one thousand dollars nor more than five thousand dollars, and imprisoned in the penitentiary not less than one nor more than five years.

§ 12. All receipts for grain issued by any warehouse shall be negotiable, by indorsement in blank or by special indorsement, in the same manner and to the same extent as bills of exchange and promissory notes are.

§ 13. No printed or written conditions or clauses inserted in or attached to any warehouse receipt which in any way limit the liability imposed on warehousemen by this act shall have any force or effect.

§ 14. All persons interested in any grain stored in any warehouse shall, at all times, have the right to visit such warehouse and every part thereof containing grain, and shall have the right to examine the bin or bins into which his grain is being delivered or from which it is being taken or into which it is or may be stored, and shall, also, have the right to inspect and test the scales on which such grain is being weighed; and in case any inaccuracy is suspected, may demand that the public sealer of weights may test the said scales, when, if they are found correct, he shall pay the fees of such sealer, or, if found incorrect, such fees shall be paid by the warehouse keeper; and all persons authorized by law to inspect or grade grain shall have the right, during business hours, to visit and examine all the bins of each warehouse and the grain therein stored.

§ 15. It shall be unlawful for any warehouseman to discriminate as to the rates and charges between grain received

over the different railroads entering any city or town where any warehouse is situated.

cil.

§ 16. The common council of the city of Chicago may Common coungrant to any warehouseman in said city the right to use any street or alley, for the purpose of laying a track to connect his warehouse with any railroad in said city; and said common council may authorize the railroad company to run its cars over such track, subject to such regulations as said common council may prescribe.

17. All contracts for the sale of grain for future de- Contracts. livery, except in cases where the seller is owner or agent of the owner of such grain at the time of making the contract and in actual possession thereof, are hereby declared void and gambling contracts; and all money paid in settlement of differences on any such contract may be recovered back in the same manner as other money lost in gambling.

tracts.

§ 18. All parties to any such gambling contract shall Gambling conbe deemed guilty of a misdemeanor, and, upon a conviction thereof, shall be fined one thousand dollars and imprisonment not exceedidg one year in the county jail, and one-half of said fine shall go to the informer, who is hereby declared to be a competent witness on the trial of parties indicted under this act.

§ 19. Any person who shall loan grain or warehouse Loaning. receipts therefor to any other person, to be used for delivery on short contracts or for purposes of speculation merely, shall be deemed guilty of a misdemeanor, and subject to the punishment provided for in the preceding section; and. in such cases, the informer shall receive half the fine and be a competent witness as aforesaid.

§ 20. In penal proceedings, under the two last preceding Evidence. sections, no warehouse receipts shall be received in evidence of ownership or possession of grain by the defendant at the time of making such contract; and, in all cases, proof on the part of the prosecution, of a contract made by the dedefendant for the sale of grain for future delivery, shall be prima facie evidence that such contract was a gambling one and void.

21. It shall be lawful for any public warehouseman Damaged grain. to sell any or all damaged grain which has remained in store for one year, during which time it has become damaged, for account of parties having claim thereto, after giving thirty days' notice, by publication in some newspaper published in the city or town where such warehouseman does business.

§ 22. It shall be unlawful for any railroad or railway Railroads. company to deliver any grain into any warehouse, other than that into which it is consigned, without consent of the owner or consignor thereof; and it shall be the duty of said party or parties, at the time of shipment of said grain and