34-233. Storage in public warehouses; grain samples; weight certificates. (a) Every public warehouseman shall receive for storage or shipment, so far as the available capacity of the warehouse shall permit, all grain in a suitable condition for storage tendered to the warehouseman in the usual course of business, without discrimination of any kind. A representative sample of grain offered for storage shall be taken and agreed upon both by the owner and the warehouseman as being a true and representative sample of the lot of grain offered for storage.
(b) If the owner of the grain and the warehouseman agree as to the grade, the grain may be stored and warehouse receipt issued on the agreed grade, but either party shall have an official inspection if such party so elects at the time of storing the grain by submitting an agreed sample to an inspector designated by the secretary. The fees for the inspection of such sample shall be paid by the warehouseman and added to the storage charges of the grain.
(c) All grain taken into a public warehouse shall be carefully weighed by the warehouseman or one of the warehouseman's employees and a certificate of weight in the form approved by the secretary shall be issued and the weight so shown by the certificate shall be stated on the warehouse receipt. When grain is delivered out of storage at a public warehouse and if either of the parties to the transaction requests or if any dispute or disagreement arises between the party receiving and the party delivering the grain, the same method of determining the grade shall be used as prescribed for taking grain into storage. Any warehouseman desiring to issue warehouse receipts against the warehouseman's own grain in store may do so by complying with the regulations governing the methods of taking samples of grain tendered for storage and the secretary may designate the manner in which a sample shall be taken if grain is delivered on warehouse receipts at the public warehouses.
History: L. 1931, ch. 194, § 11; L. 1967, ch. 231, § 1; L. 1984, ch. 150, § 9; L. 1990, ch. 142, § 4; L. 1997, ch. 160, § 24; Sept. 1.
Structure Kansas Statutes
Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses
34-227b Rules for operation of grain bank grain.
34-230 License; issuance, when; renewal; posting; suspension or revocation; appeal.
34-230a Hearings; powers of secretary.
34-230b Injunction proceedings; how prosecuted.
34-231 Penalty for failure to obtain license; refusal to reissue revoked license, when.
34-233 Storage in public warehouses; grain samples; weight certificates.
34-234 Withholding grain from storage; notice; penalty for refusal to comply.
34-235 Schedule of charges; approval by secretary; changes in schedule.
34-238 Warehouse receipts; issuance; furnishing by secretary.
34-239 Form of receipt for storage grain.
34-240 Warehouseman's receipt on own grain valid.
34-241 Transfer of grain between warehouses; form of receipt; procedure.
34-242 Same; numbering; required information.
34-243 Definition of nonnegotiable receipt.
34-244 Definition of negotiable receipt.
34-245 Failure to mark nonnegotiable or not negotiable.
34-246 Warehouse receipts; issuance and cancellation; division; consolidation.
34-250 Obligation of warehouseman to deliver.
34-252 Justification of warehouseman in delivering.
34-253 Warehouseman's liability for misdelivery.
34-254 Negotiable receipts must be canceled when grain delivered.
34-255 Cancellation of receipts upon partial delivery of grain liability.
34-257a Lost or destroyed receipts; duplicate receipt, when; form of duplicate.
34-258 Effect of duplicate receipt.
34-259 Warehouseman cannot set up title in himself.
34-260 Interpleader of adverse claimants.
34-261 Warehouseman has reasonable time to determine validity of claims or compel interpleader.
34-262 Adverse title no defense.
34-263 Liability for care of grain.
34-264 Attachment or levy upon grain for which a negotiable receipt has been given.
34-265 Creditor's remedies to reach negotiable receipts.
34-266 Claims included in warehouseman's lien.
34-267 Against what property the lien may be enforced.
34-269 Negotiable receipt must state charges for which lien is claimed.
34-270 Warehouseman need not deliver until lien is satisfied.
34-271 Warehouseman's lien does not preclude other remedies.
34-272 Satisfaction of lien by sale; notice required.
34-274 Disposition of proceeds of sale.
34-275 Other methods of enforcing liens not precluded.
34-277 Negotiations of negotiable receipts by delivery.
34-278 Negotiations of negotiable receipts by endorsement.
34-280 Who may negotiate a receipt.
34-281 Rights of person to whom a receipt has been negotiated.
34-282 Rights of person to whom a receipt has been transferred, but not negotiated.
34-283 Transfer of negotiable receipt without endorsement.
34-284 Warranties on sale of receipt.
34-285 Endorser not a guarantor.
34-286 No warranty implied from accepting payment of a debt.
34-287 When negotiations not impaired by fraud, mistake or duress.
34-288 Effect of negotiation of receipt on previous sale, mortgage or pledge.
34-289 Rights of purchaser for value in good faith of negotiable receipt.
34-293 Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.
34-295b Same; separation from other records; inspection.
34-296 Laws applicable to receipts.
34-297 Effect on prior receipts.
34-298 Penalty for violation of act; revocation of license; notice and opportunity for hearing.
34-2,101 Relation of this act to the federal warehouse act.
34-2,102 Invalidation of any part of this act.
34-2,103 Interpretation of act.
34-2,105 Same; no defense in criminal action.
34-2,107 Priority of owner's interest in stored grain.
34-2,109 Warehouseman's annual statement of depositor's grain.
34-2,110 Warehouseman's annual statement of depositors to secretary.
34-2,112 Voidable sale of grain to warehouseman; insufficient funds check.
34-2,113 Sample of commodity; procedure; powers of secretary.