Evidence- 'Railroad Corpora tion" defined. Extortion and unjust discrimination. involved the charges of any such railroad corporation for the transportation of any passenger or freight, or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights, and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall from time to time, as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said commissioners to have the same printed by the State printer under the contract governing the State printing, and said commissioners shall furnish two copies of such printed schedule to the president, general superintendent or receiver of each railroad company or corporation doing business in this State. All such schedules heretofore or hereafter made shall be received and held in all such suits as prima facie the schedules of said commissioners, without further proof than the production of the schedules desired to be used as evidence, with a certificate of the Railroad and Warehouse Commissioners, that the same is a true copy of a schedule prepared by them for the railroad company or corporation therein named. [As amended by Act approved June 30, 1885. In force July 1, 1885. L. 1885; Legal News Ed., p. 178. 132. § 10. In all cases under the provisions of this Act the rules of evidence shall be the same as in other civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this Act shall be paid into the county treasury of the county in which the suit is tried, by the person conducting the same, in the manner now provided by law, to be used for county purposes. The remedies hereby given shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this Act shall not be construed as repealing any statute giving such remedies. Suits commenced under the provisions of this Act shall have precedence over all other business, except criminal business. 133. § 11. § 11. The term "railroad corporation" contained. in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part in this State; and the provisions of this Act shall apply to all [*820] persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railways in this State (street railways excepted) the same as to railroad corporation hereinbefore mentioned. § 12, repealed, omitted. See "Statutes," ch. 131, § 5. Warehouses. WAREHOUSES. AN ACT to regulate public warehouses, and the warehousing and inspection of grain and to give effect to article thirteen of the Constitution of this State. [Approved April 29, 1871; in force July 1, 1871. L. 1871-2, p. 763. 134. § 1. Be it enacted by the People of the State of Classification. Illinois, represented in the General Assembly: That public warehouses as defined in article 13 of the constitution of this State, shall be divided into three classes to be designated as classes A, B and C, respectively. fined. 135. § 2. Public warehouses of class A shall embrace Classes deall warehouses, elevators and granaries in which grain is stored in bulk and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved, such warehouses, elevators or granaries being located in cities having not less than 100,000 inhabitants. Public warehouses of class B shall embrace all other warehouses, elevators or granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together. Public warehouses of class C shall embrace all other warehouses or places where property of any kind is stored for a consideration. Class A- 136. 3. The proprietor, lessee or manager of any pub- License of lic warehouse of class A shall be required, before transacting any business in such warehouse, to procure from the Board of Commissioners of Railroads and Warehouses a license, permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this State, which license shall be issued by said commissioners upon a written application therefor, which shall set forth the location and name of such warehouse and the individual name of each person interested as owner or principal in the management of the same; or, if the warehouse be owned or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated; and the said license shall give authority to carry on and conduct the business of a public warehouse of class A in accordance with the laws of this State, and shall be revocable by the said commissioners, after full hearing, upon satisfactory proof of any violation of law by such licensee, such proof to be taken in such manner as may be directed by and Bond Amount fixed by commissioners. Penalty. Discrimination prohib age and moving of grain Warehouses. under rules to be established by said commissioners, but the action of said commissioners in granting or refusing licenses and in revoking licenses may be reviewed by the circuit court of the county where such elevator or warehouse is located. [As amended by Act approved May 24, 1907, in force July 1, 1907. 137.4. The person receiving a license as herein provided shall file with the Board of Commissioners of Railroads and Warehouses a bond to the People of the State of Illinois with good and sufficient surety, to be approved by said commissioners, in a penal sum to be fixed by said commissioners and which shall not be less than ten thousand dollars, conditioned for the faithful performance of his duty as a public warehouseman of class A and his full and unreserved compliance with all the laws of this State in relation. thereto. [As amended by Act approved May 24, 1907, in force July 1, 1907. 138. $ 5. Any person who shall transact the business of a public warehouse of class A without first procuring a license as herein provided, or who shall continue to transact any such business after such license has been revoked (save only that he may be permitted to deliver property previously stored in such warehouse) shall, on conviction, be fined in a sum not less than one hundred dollars for each and every day such business is so carried on. [As amended by Act approved May 24, 1907, in force July 1, 1907. 139. § 6. It shall be the duty of every warehouseman ited Stor of class A to receive for storage any grain that may be tendered to him in the usual manner in which warehouses are Re-accustomed to receive the same in the ordinary and usual course of business, not making any discrimination between persons desiring to avail themselves of warehouse facilities - ceipts InspectionPenalty. such grain in all cases to be inspected and graded by a duly authorized inspector and to be stored with grain of a similar grade received at the same time, as near as may be. In no case shall grain of different grades be mixed together while in store; but if the owner or consignee so requests and the warehouseman consents thereto, his grain of the same grade may be kept in a bin by itself apart from that of other owners, which bin shall thereupon be marked and known as a "separate bin." If a warehouse receipt be issued for grain so kept separate, it shall state on its face that it is in a separate bin, and shall state the number of such bin; and no grain shall be delivered from such warehouse unless it be inspected on the delivery thereof by a duly authorized inspector of grain. Nothing in this section shall be so construed as to require the receipt of grain into any warehouse in which there is not sufficient room to accommodate or store] it properly, or in cases where such warehouse is necessarily closed. No grain shall be received into any private elevator or warehouse located in cities having a population of not less than 100,000 inhabitants until it shall have been inspected by a duly authorized inspector, and no grain shall be delivered from any such private elevator or warehouse in cars or boats for shipment until it shall have been inspected out by a duly authorized inspector. Any proprietor, lessee or manager of any warehouse or elevator who shall refuse or neglect to cause grain to be inspected, as in this section provided, shall, upon conviction, be fined in a sum not less than one hundred dollars for each and every offense. [As amended by Act approved May 24, 1907, in force July 1, 1907. Warehouses. suing receipts. 140. 7. Upon application of the owner or consignee Manner of isof grain stored in a public warehouse of class A, the same being accompanied with evidence that all transportation or other charges which may be a lien upon such grain, including charges of inspection, have been paid, the warehouseman shall issue to the person entitled thereto a warehouse receipt therefor, subject to the order of the owner or consignee which receipt shall bear date corresponding with the receipt of grain into store, and shall state upon its face the quantity and inspected grade of the grain, and that the grain mentioned in it has been received into store, to be stored with grain of the same grade by inspection, received at about the date of the receipt, and that it is deliverable upon the return of the receipt, properly endorsed by the person to whose order it was issued, and the payment of proper charges for storage. All warehouse receipts for grain, issued from the same warehouse, shall be consecutively numbered; and no two receipts, bearing the same number, shall be issued from the same warehouse during any one year, except in the case of a lost or destroyed receipt, inj which case the new receipt shall bear the same date and number as the original, and shall be plainly marked on its face "duplicate." If the grain was received from railroad cars, the number of each car shall be stated upon the receipt, with the amount it contained; if from canal boat or other vessel, the name of such craft; if from teams or by other means, the manner of its receipt shall be stated on its face. 141. § 8. Upon the delivery of grain from store, upon Cancelling reany receipt, such receipt shall be plainly marked across its face with the word "cancelled," with the name of the per ceipts. Further of issuing and cancelling receipts. Not to limit liability. Delivery of property. Warehouses. son cancelling the same, and shall thereafter be void, and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt. 142. § 9. No warehouse receipt shall be issued, except upon the actual delivery of grain into store in the warehouse from which it purports to be issued, and which is to be represented by the receipt; nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel stated to have been received; nor shall more than one receipt be issued for the same lot of grain, except in cases where receipts for a part of a lot are desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the grain represented by the receipt is delivered out of store and the remainder is left, a new receipt may be issued for such remainder; but such new receipt shall bear the same date as the original, and shall state on its face that it is balance of receipt of the original number; and a receipt upon which a part has been [*822] delivered shall be cancelled in the same manner as if it had all been delivered. In case it be desirable to divide one receipt into two or more, or in case it be desirable to consolidate two or more receipts into one, and the warehouseman consent thereto, the original receipt shall be cancelled the same as if the grain had been delivered from store and the new receipts shall express on their face that they are parts of other receipts; or a consolidation of other receipts, as the case may be; and the numbers of the original receipts shall also appear upon the new ones issued, as explanatory of the change, but no consolidation of receipts of dates differing more than ten days shall be permitted, and all new receipts issued for old ones cancelled, as herein provided, shall bear the same date as those originally issued, as near as may be. 143. § 10. No warehouseman in this State shall insert in any receipt issued by him, any language in anywise limiting or modifying his liability or responsibility, as imposed by the laws of this State. 144. § 11. On the return of any warehouse receipt issued by him, properly endorsed, and the tender of all proper charges upon the property represented by it, such property shall be immediately delivered to the holder of such receipt, and it shall not be subject to any further charges for storage, after demand for such delivery shall have been made. Unless the property represented by such receipt shall be delivered within two business hours after such demand shall have been made, the warehouseman in default shall be liable to the owner of such receipt for damages for such default in the sum of 1 cent per bushel, and in addition there |