The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1892-03-19
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McCain'S Tobacco Bill.

We publish below the proposed Law
to regulate the sale of leaf tobacco,
known as the Mccain Tobacco bill,
for the benefit of our farmer readers
1t has passed the Senate and is now
before committee of the House:
AN ACT to regulate the sale of leaf to-
bacco in this Commonwealth.
Be It enacted by the General Assembly
of the Commonwealth of Kentucky: 2 1.
All persons receiving in this Com
monwealth leaf tobacco for storage
and sale at public auction, for which
they charge commission or fees for
their services are declared public
warehousemen.
%. That hereafter warehousemen
storing and selling leaf tobacco in
this State, shall carefully and correct
ly weigh, or cause to be weighed,
every hogshead, box or bale of tobac-
co which may be sent to such ware
housemen for storage and sale on
the day same Is to be sold. They
shall mark, or cause to be marked,
the gross weight distinctly on the
head of each hogshead, box or bale,
and on each sample card, and enter
the same in sample book. After the
tobacco is stripped, they shall take
the exact tare weight of each cask in
which the tobacco has been priced,
and after each hogshead, box or bale
of tobacco has been sold, the proprie-
tor shall settle with the seller accord
ing to the net weight, including the
sample, after deducting the exact
tare.
%. If any person or persons shall
make false or fraudulent weight of
such tobacco, or shall purposely alter
or mutilate any sample before the
hogshead, box or bale it represents
has been sold, or alter the weight
marked thereon, or record other
weights on the warehouse books than
the weights marked thereon, such
persons shall be deemed guilty of a
misdemeanor, and fined in any sum
of not less than twenty-five nor more
than one hundred dollars, in the dis
erection of the court or jury trying
the case, and, in addition, shall be
liable to the party aggrieved in dam
ages for any and all loss they may
have sustained.
"a. That hereafter warehousemen
and commission merchants engaged
in selling leaf tobacco at public auc-
ton shall receive, as commission or
compensation therefor, two dollars
per hogshead from the owner thereof
or his agent.
as. That in the event the sale Of
any hogshead of tobacco is rejected,
and a resale is made by the same
warehousemen or in the same ware
house, no greater sum than one dollar
and fifty cents per hogshead shall be
charged as fees for compensation for
such resale, and no additional charge
shall be made for weighing nor de-
vice resorted to so as to increase the
price for selling to greater amount
than is in this act provided.
26. That it shall be unlawful for
any warehouseman or commission
merchant to directly charge the seller
or owner anything by way of COM
mission or otherwise for paying to
him the money for which his tobacco
is sold.
u. That it shall be unlawful for
any warehouseman to hypothecate or
pledge any tobacco shipped to or
stored with him, or issue any ware
house receipts for any tobacco so
shipped or stored, without the writ
ten consent of the owner of said to-
bacco; and if he does so, without the
written consent of the owner, said
pledge or receipt shall be null or void:
Provided, That nothing herein con-
tanned shall prevent any warehouse
man or commission merchant from
hypothecating or pledging or issuing
receipts to the extent of any advance
ments they may have made to the
owner of said tobacco on same.
IS. That claims for reclamation
shall be made in ninety days after the
sale, unless the tobacco is exported
to foreign countries, then the recla-
nation must be made within six
months after the sale, and If not done
within said time the claim shall be
barred by limitation.
30. That If any person shall nest,
side-prize, or fraudulently prize any
leaf tobacco, such person 80 Offend
ing shall be deemed guilty of a mis-
demeanor, and, upon indictment and
conviction in the Circuit Court of the
county In which said offense Is COM
mitted, shall be fined not less than
nor more than One him. |