Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1890-04-18
HE 1HoRhE BILL.

Be it enacted by the General AS
sembly of the Commonwealth of Ken
lucky:
81 That hereafter warehousemen
and commission merchants engaged
in selling tobacco at public auction
shall receive as commission or COM
pensation therefor no greater sum
than two dollars for each hogshead
from the owner thereof or his agent.
So. That in the event the sale of
any hogshead of tobacco is rejected
by the owner or his agent, and resale
is made by the same warehouse, or in
the same warehouse, no greater sum
shall be charged for the resales than
one dollar per hogshead for any such
resales by the same warehouseman or
commission merchant.
So. That in every case where the
warehouseman or commission mer-
chant charges to the owner a commits
sion for collecting and paying over to
him the money for his tobacco, in ad-
dition to the two dollars per hogshead
for selling, he shall collect no more
than one per cent on the net proceeds
of said sale; and he, the warehouse
man or commission merchant, shall
account to the owner as much as 81
for each hoghead, which sum shall go
as credit on said commission-that
is to say, his hoghead shall pay one
dollar on the extra commission over
and above the two dollars for sale of
each hogshead.
81. That in the sale or resale Of
any hogshead Of tobacco there shall be
no deduction from the net weight by
reason of the sample, but in every H.
stance the owner shall be entitled to
full weight, as if no sample had been
taken.
8. That no additional charge shall
be made for weighing SO as to increase
the price of selling to greater amount
than is herein specified, and no great
er weight than the actual weight Of
the cask shall be deducted from the
original gross weight of said cask and
tobacco, the actual gross weight Of
which shall be correctly given with
out any deduction whatever by the
weigher.
So. No warehouseman or commits
sion merchant shall purchase at auc-
ton any tobacco offered for sale in
his own warehouse: Provided, how
ever, that nothing in this act shall
prevent him from purchasing of the
owner his tobacco at private sale.
81. That it shall be unlawful for
any warehouseman or commission
merchant to hypothecate or pledge
any tobacco shipped to or stored with
him, or issue any warehouse receipt
on any tobacco in his possession,
without the written consent of the
owner; and in the event he does so
without said written consent, such
pledge or warehouse receipt shall
vest no title in the goods in the hold
er of said pledge or receipt-that is
to say, the owner cannot be Invested
of title to his property without his
written consent.
IS. That each hogshead shall. be q
separate sale, and stand or be rejected
upon its own merits, and in no case
shall the owner be charged commits
sion or rejection fees where the buyer
rejects the sale that is TO say, if the
farmer, owner or shipper makes the
rejection he is to pay the rejection
fees, which shall not exceed one dol
lar, and when the buyer rejects the
sale he must pay the fees on his own
reflections.
SO. That all claims for rebate in
sales made of any tobacco by any
warehouse, inspector or commiss
sion merchant, in which reclamation
is made or claimed on the sale of any
tobacco, it shall be made within sixty
days from the date of said sale, and If
not SO made within that time the
claim shall be barred by limitation.
: 10. That the proprietor of any
warehousemen or commission house
shall, for every violation of this act,
be liable to the party aggrieved there
by in the sum OF fifty dollars for each
violation thereof, to be recovered by a
warrant before any tribunal in this
State having jurisdiction of the
amount, and on the trial the bills, ac-
counts, sale rendered by the ware
house or commission merchant, shall
be prima facie evidence of guilt.
Sl1. That all acts or part of acts
in conflict with the provisions of this
amendment are hereby repealed.
s u. That this act shall take effect
and be in force from and after its
passage.