The Montgomery advertiser., 1907-06-17


 association. corporation or agent re- sorting to this method or securing a monopoly within this State in such business. shall be deemed guilty of conspiracy to form or secure a trust or monopoly in restraint of trade, and on conviction thereof shall be subject to the penalties of this act.
 Sec 5. Any person, partnership, nrm or association or company. or any officer, representa- tive or agent thereof, Violating any of the provisions or thls act shall forfeit not less than two hundred dollars nor more than nve thousand dollars for every such onehse' and each day such person. corporatlon' partnership or association snail con tinue to do so shall be separate on- ense, the penalties in such cases 10 De recovered by the action in the name of the State, at the relation of the Att torney General Circuit or County Sol icitors the moneys thus collected to go into the State treasury. and to become part of the general fund, except as hereinafter provided.
 Sec. 6. If any two or more persons or corporations who are engaged II buying or selling any article of com meree, manufacture. mechanism, nler- chandise, commodity convenience, re- pair any product of mining or any ar ticle or thing whatsoever, shall, enter bination, confederation, association or understanding to control or limit the trade in any such article or tning; or to limit competition in such trade ny refusing to ouy from or sell to any other person or corporation any such article or thing aforesaid, for the req son that such other person or corpora ton is not a member Of or party 10 such pool, trust, agreement, comolna- tion, confederation, association or uH =. derstanding or shall boycott or threat en any person or corporation for buy ing from or selling to any other per- son or corporation who is not a mem Der of or a party to such pool. trust, agreement. combination, confederation, association or understanding, any such article or thing aforesaid, it shall be violation if this act; and any person, firm. corporation or association or per sons committing such violation snail pc deemed and adjudged guilty or con spiracy to Edefraud, and shall be sup ject to the penalties prescribed in this act
 Sec. T. Any corporation created or organized by or under the laws oi tnis ms State. which shall violate any Of the provisions of the preceding sections or this act, shall thereby forfeit It's cor porate rights and franchises; and its proof being made thereof in any court of competent Jurisdiction in the State, be by the court declared forfeited, void and of non-effect, and such fhereupon ceese and determine; and any corpor- ation created or organized by or under the law of dny other State or country which shall violate any of the provis- ions of the preceding sections or this act shall thereby forfeit its right and privilege thereafter to do any busi- ness in this State, and upon proper proof being made thereof in any court of competents Jurisdiction in this state, it's rights and privileges, to do business in this State shall be de- clared forfeited; and in all proceedings to have such forfeiture declared, proof that any person who has been acting as agent of such foreign corporation in transacting its business in this State, has been, while acting as such agent, and in the name, behalf, or in- any provisions of the preceding sec- ton of this act shall be received as prime facie proof of the act Of the cor poration itself; and it shall be the duty of the clerk of said court to certify the decree thereof to the Secretary of State who shall take notice and shall be governed thereby as to the corpor- ate powers and rights of said corpora tioD.
 Sec. 8. Each corporation, co-part- nership, firm or individual who may be the owner or lessee of patent to any machinery intended, used or de- signed for manufacturing any raw material or preparing the same for market by any wrapping, baling or other process, who shall lease, rent or operate on the same in their own name and refuse or fail to put the same on the market for sale. snail be adjudged a monopoly, and be subject to all the pains and penalties provided in this act
 Sec. g. The sale, delivery or dispos- ition of any of the articles, commodit- ies or things hereinbefore mentioned poration transacting business contrary to the provisions of this act within this State or elsewhere, is hereby de- clared to be unlawful and contrary to public policy, and the purchaser of any article or commodity from any such offending individual, company or cor poration shall not be liable for the price or payment thereof, and may plead this act as a defense to any suit for the price or payment, whether the purchase was made directly from the individual. company or corporation so unlawfully transacting business, or in- directly from one who acted for such individual, company or corporation as vasser; and provided further, that where any money or other thing or value is paid to such individual, com agent, representative. solicitor or can pany or corporation so unlawruily transacting business, its agents. rep person so paying the same may recoy- CT back the amount of the money or the value, of the thing so paid
 Sec. 10. It shall be the duty or the attorney general and the solicitors or the circuit and city courts respective ly to enforce the provision of this act The attorney general, and the clrcult. city court and county soilcitors or eae
  ings under this act shall institute, con duct and prosecute said suits in all the courts of the State. The attorney gen. eraI and the circuit, city court or county solicitors prosecuting such pro- ceedings shall receive, in addition to the compensation now provided for, one fourth of the penalty collected. to be divided equally between the attor- ney general circuit city court of county solicitor prosecuting the case
 Sec. II. All actions authorized and brought under this act shall have pre- cedence of all other business civil and criminal except criminal cases where the defendants are III Jail,
 Sec. 12. The proceedings provided for in this act shall be cumulative; and any person. firm or corporation who may be proceeded against under this act may be prosecuted by indict- ment or otherwise under any other laws now in force or that may be hereafter enacted, any such person, firm or corporation who may be pros ecuted by indictment or otherwise un- der any such laws may be proceeded against under this act
 Sec. l3, The proceedings under this act may be instituted and prosecuted in the circuit or city court of Mont gomery, Montgomery county, or in any circuit, city or county court of like jurisdiction in any county of this State where any one or more of the defend ants may be found or in any county where the offense is committed.
 
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