Idaho Code > Title 69 > Chapter 2 – Bonded Warehouse Law
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Terms Used In Idaho Code > Title 69 > Chapter 2 - Bonded Warehouse Law
- 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.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Bequest: Property gifted by will.
- commodity: means any grain, wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and feeds (not including minerals or seed crops) or any other commodity as determined by the director. See Idaho Code 69-202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: means a written agreement between two (2) or more parties for the sale of an agricultural commodity stipulating the terms and conditions of performance of the parties and includes, but is not limited to, those contracts commonly referred to as credit sales, deferred payment, delayed, production, bailment or price later contracts. See Idaho Code 69-202
- dealer: means any person who solicits, contracts for, or obtains from an Idaho producer or producers, title, possession or control of any agricultural commodity through his place of business located in the state of Idaho or through his place of business located outside the state of Idaho for the purposes of sale or resale or who buys, during a calendar year, at least ten thousand dollars ($10,000) worth of agricultural commodities from an Idaho producer or producers of the commodities. See Idaho Code 69-202
- delivery: means the physical transfer of agricultural commodity from one (1) party to another. See Idaho Code 69-202
- Department: means the Idaho state department of agriculture. See Idaho Code 69-202
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Depositor: means any person who deposits an agricultural commodity in an Idaho state licensed warehouse for storage, handling, processing, reconditioning or shipment, or who is the owner or legal holder of a negotiable warehouse receipt, outstanding scale weight ticket, nonnegotiable warehouse receipt or other evidence of such deposit, or any person whose agricultural commodity has been sold to or is under control of a warehouseman for selling, processing, reconditioning or handling whether or not such agricultural commodity is within the warehouse. See Idaho Code 69-202
- Devise: To gift property by will.
- Director: means the director of the Idaho state department of agriculture. See Idaho Code 69-202
- 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.
- Failure: means the date that one (1) or more of the following events occurred, as determined by the director:
Idaho Code 69-202Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Historical depositor: means any person who, in the normal course of business operation has consistently made deposits in the same warehouse of commodities produced on the same land. See Idaho Code 69-202 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. Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means any individual, firm, association, corporation, partnership or limited liability company. See Idaho Code 69-202 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Probable cause: A reasonable ground for belief that the offender violated a specific law. Producer: means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of agricultural commodities produced on that land. See Idaho Code 69-202 Receipt: means a warehouse receipt. See Idaho Code 69-202 Registered mail: includes certified mail. See Idaho Code 73-114 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. Revocation: means the permanent removal of a warehouse license following a hearing on violations of this chapter by the hearing officer or director. See Idaho Code 69-202 Scale weight ticket: means a load slip or other evidence, other than a receipt, given to a depositor by a warehouseman licensed under the provisions of this chapter, upon initial delivery of the commodity to the warehouse. See Idaho Code 69-202 Seed crops: means any seed crop regulated by chapter 4, title 22, Idaho Code. See Idaho Code 69-202 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. Subpoena: A command to a witness to appear and give testimony. Suspension: means the temporary removal of a warehouse license by the department pending a hearing for violations of this chapter. See Idaho Code 69-202 Termination: means the expiration of a warehouse license due to failure to meet minimum licensing requirements, failure to renew a warehouse license or as requested by the licensee, unless a complaint has been filed against the licensee alleging a violation of any provision of this chapter. See Idaho Code 69-202 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer: means , unless otherwise defined by the parties in writing, the event when a producer or his agent delivers a commodity to a warehouseman, who then weighs the commodity, and gives the producer or his agent a scale weight ticket or other written evidence of transfer. See Idaho Code 69-202 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Warehouse receipt: means every receipt, whether negotiable or nonnegotiable, issued by a warehouseman, except scale weight tickets. See Idaho Code 69-202 warehouseman: means any elevator, mill, warehouse, subterminal commodity warehouse, public warehouse or other structure or facility in which agricultural commodities are received for storage, shipment, processing, reconditioning or handling. See Idaho Code 69-202