The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1903-02-04
H0RTICULTUR UNION
HAVE BILL PREPARED
Mill Urge its Passage by the Present
Session Of Legislature to Protect
the Grower


dreds of names and launched in the
present session OF the legislature for
passage:
An act to regulate persons, firms and
corporations engaged in selling all sorts
of farm produce upon commission, and
providing security for the produce in
trusted to them and for the money
collected by them for the sale of the
same, and fixing the venue of actions
brought against such persons, firms and
corporations engaged in such comission
business.
Be it enacted by the legislature of the
state of Washington:
Section /. No person, firm or corpor-
alton shall hereafter engage in the bust
ness of selling any kind of farm produce
upon or for commission, unless such
person, firm or corporation obtains Il
license so to do from the secretary of
the state of Washington as hereinafter
provided.
Sec. .. Any person, firm or corpora
ton desiring to engage in the business
of selling any kind of farm produce upon
commission in this state, shall, before
engaging in such business, obtain a
license from the secretary of the state of
Washington so to do. Such license shall
be obtained by application made to the
secretary of state, showing that the
person, firm or corporation applying for
license to do such business is capable
of carving on such business, is OF good
business standing and situated so as to
be able, in good faith to carry on said
business and such applicant shall also,
if the person or firm, must satisfy said
secretary of state, that such person or
the members of such firm are Of good
moral character, and in the case of a
corporation applying Tor such license,
it must appear to the secretary of state
that the officers and managing agent of
such corporation are of good moral
character. If said applicants satisfy
said secretary OF state in these respects,
then said secretary shall issue Il license
to such person, firm or corporation,
authorizing them to carry on such bust
ness for the period of one year, upon
such person, firm or corporation giving
good and sufficient bond or cash
security as provided for in the next
section.
Sec. 8. Before any such license shall
be operative said person, firm or corpor-
alton shall file with the said secretary of
state, bond in the sum OF five thousand
(S5 ,000) dollars, payable to the state of
Washington, or in lieu OF said bond,
deposit the sum of five thousand IS ,000)
dollars in cash with the said secretary
of state, conditioned, that if said person,
firm or corporation SO license shall dis
charge any and all civil liabilities in
Cured by them in such business during
the said license year; that then the said
bond shall be OF no further effect, but
otherwise it shall be OF full force and
effect.
Sec. 1. The said bond, when filed
with the secretary of state, shall have
the effect of securing each and every
person for whom said person, firm or
corporation engages to sell any kind Of
farm produce. and the sureties on said
bond shall be equally liable as the
principal thereon to the extent OF said
persons liability for any and all money
received by said person, for the sale OF
farm produce and for any and all negli-
gence OF said principal in selling farm
produce, or for negligence in failing to
sell the same and for negligence of any
kind or character in discharging the
duties of said principal in selling and
caring for such farm produce. The
sureties on said bond shall also be equal
ly liable with the principal thereon for
any deceit practiced by such principal
on the producers of any farm products
or persons handling the same, whereby
such persons have suffered loss, injury
or Inconvenience.
Sec. ). Any suit that any person may
be entitled to bring to recover any sum
OF money from said person, firm or
corporation for the sale OF farm produce
upon commission, shall be brought in
the county where the person resides
who is entitled to bring such suit, and
the venue OF said actions shall be eX-
clusvely in the courts OF said county.
In the event Of the amount sou Iht to be
recovered being one hundred (SlOO)
dollars or less, said suit shall be brought
before any Justice OF the Peace in the
said county where said person entitled
TO bring said suit, resides; and the SER
vice of summons in said suit may be
made bv any constable or sheriff in the
county where the defendant person, firm
or corporation resides OF has his princi-
| pal place Of business; and if such per-
son, firm or corporation cannot be found
| in such county, then the summons and
complaint in said case shall be served
on the secretary Of the state, with the
same effect as if served upon said PARTIES
| in person.
Sec. 8. All suits where the recovery
| sought is more than one hundred $500
dollars, shall be brought in the superior
court OF the county where the person
resides from whom said produce is OBJ
tanned or who furnishes the same. The
persons shall be served in like manner
as in cases brought before the Justices Of
the Peace as hereinbefore have been
more particularly set forth.
Sec. !. Any judgment obtained in
any such action shall be equally binding