411.360. Cleaning, preservation by warehouseman of grain specially stored--requirements--change of condition of grain, notice--delivery to other than owner or receipt holder unauthorized.
Cleaning, preservation by warehouseman of grain speciallystored--requirements--change of condition of grain,notice--delivery to other than owner or receipt holderunauthorized.
411.360. 1. Any public warehouseman may, on the writtenrequest of the owner of any grain stored in a special bin, uponthe surrender of the receipt, or receipts therefor, be permittedto dry, clean, or otherwise change the condition or value of anysuch lot of grain; but in such case it shall only be delivered assuch separate lot, without reference to the grade it may be madeby such process of drying or cleaning. Nothing in this section,however, shall prevent any public warehouseman from removinggrain within his warehouse for its preservation or safekeeping,but no warehouseman shall be held liable for damage to grainstored in special bins by heating, unless such damage be causedby the negligence of the warehouseman.
2. In case any public warehouseman shall discover that anyportion of the grain stored in a special bin in his warehouse isout of condition or becoming so, and it is not in his power topreserve the same, he shall immediately give notice to the owner,if known, and if not known, by public notice by advertising in anewspaper of general circulation in the vicinity in which suchwarehouse is situated, and by posting a notice on the warehousebulletin board or other public place of its actual condition, asnear as he can ascertain. He shall state in such notice:
(1) The kind and grade of grain;
(2) The bin in which it is stored;
(3) The description of the warehouse receipts outstandingupon which such grain will be delivered, giving the numbers,amount, and date of each;
(4) The name of the party for whom such grain was stored;
(5) The date it was received and the amount of it.
3. The enumeration of receipts and identification of grainso described shall embrace as nearly as possible the quantity ofgrain contained in such bins; and such grain shall be deliveredupon the return and cancellation of such receipts, and theunreceipted grain upon the request of the owner or holder of thereceipt or receipts.
4. Nothing herein contained shall be held to relieve thepublic warehouseman from exercising proper care and vigilance inpreserving such grain after such publication of its condition,but such grain shall be kept separate and apart from all directcontact with other grain, and shall not be mixed with other grainwhile in storage* in such warehouse.
5. Nothing in this section shall be construed so as topermit any public warehouseman to deliver any grain stored in aspecial bin or by itself, as provided in this chapter, to any butthe owners of the lot or the holder of the warehouse receipt orreceipts.
(L. 1941 p. 373 § 26, A.L. 1965 p. 606, A.L. 1980 S.B. 601)*Word "store" appears in original rolls.