§ 34-223 Definitions
§ 34-227b Rules for operation of grain bank grain
§ 34-228 Warehouseman’s license; application; financial statement; waiver; qualifications; functional unit license fee; storage fee; examination of warehouse
§ 34-229 Bond or letter of credit; amount; conditions; multiple warehouses; actions thereon; certificate of information, penalty for failure to post
§ 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
§ 34-236 Insurance
§ 34-237 Drying, cleaning and safekeeping of grain; removal and sale of out of condition grain, notice
§ 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
§ 34-241a Identity preserved grain; definition; form of receipt; options for shipment to other warehouse; charges
§ 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
§ 34-249a Warehousemen to furnish on demand of secretary information regarding certain receipts and amounts of grain; monthly statement, contents, signature
§ 34-250 Obligation of warehouseman to deliver
§ 34-251 Inspection of warehouses; procedures; access; scale tests; confidentiality of certain information, exception; penalty for disclosure
§ 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
§ 34-256 Altered receipts
§ 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
§ 34-268 How lien may be lost
§ 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
§ 34-273 Sale of perishable grain or grain that will injure other property; warehouseman’s duty of care; liability for neglect
§ 34-274 Disposition of proceeds of sale
§ 34-275 Other methods of enforcing liens not precluded
§ 34-276 Effect of sale
§ 34-277 Negotiations of negotiable receipts by delivery
§ 34-278 Negotiations of negotiable receipts by endorsement
§ 34-279 Transfer of receipt
§ 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
§ 34-295 Negotiation of receipt for grain not owned or encumbered grain with intent to defraud; penalty
§ 34-295a Warehouse records and accounts; required information; authorized methods of maintaining; examination by secretary; period to be retained
§ 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
§ 34-299 Disposition of grain upon license expiration; sale of unclaimed grain; disposition of proceeds
§ 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
§ 34-2,104 Deficit in grain stored in warehouse or grain handling facility; action by secretary for possession; audit and investigation; temporary receiver; receivership
§ 34-2,105 Same; no defense in criminal action
§ 34-2,106 Same; severability
§ 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
§ 34-2,111 Grain purchase contracts with delayed payment or delayed pricing; required provisions; standby letter of credit, posted notice
§ 34-2,112 Voidable sale of grain to warehouseman; insufficient funds check
§ 34-2,113 Sample of commodity; procedure; powers of secretary

Terms Used In Kansas Statutes > Chapter 34 > Article 2 - Inspecting, Sampling, Storing, Weighing and Grading Grain; Terminal and Local Warehouses

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donee: The recipient of a gift.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.