Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1913-07-24
DO SHIPPERS WANT LAW


SIOu uGTCudnl anu COuSlSIOI VI Sutu
produce, cotton, sugar. goods wares or
merchandise, and upon failure of said
commission merchant to give said new
bond, as above required, he shall cease
doing business in this state: provided
any commission merchant. as herein de
fined, who shall engage in business as
such commission merchant. without first
making and filing the bond provided for
in Articles 1897 and 1898, shall be deem
ed guilty of a misdemeanor. and upon
conviction thereof. shall be punished by
a fine of not less than one hundred dol
lars, nor more than five hundred dollars.
Article $3.50. Factor to Render .Ac
count of Sales and Give Particulars I'm
der Penalty;-Upon the shipment of any
produce. cotton sugar goods, wares or
merchandise. consigned for sale to any
factor or commission merchant. it is
hereby made his duty that such com
mission merchant will faithfully and
truly perform all agreements and con
tracts entered into with c%onsignOrs for
said produce, cotton, sugar. good ware
and merchandise; that said commission
merchant will promptly receive and sell
such produce cotton, sugar. goods. wares
or merchandise i'm accord with the con
tract OF consignment > and will on re
ceipt of such produce. cotton. sugar.
goods wares or merchandise class the
same. and it such class as made by such
commission merchant is not as high as
that made and as made by such commits
sion merchant is not as high as that
made and sent to him by the cOnsignor,
he, 1.-THE commission merchant.) will i'm
mediately notify the consignor of such
fact and of the class made by him and
as soon as sold will send to the con
s1gnor a full and complete account of
sales of same, giving an itemized ac-
count thereof, and the price received.
the dates of sales, and shall, within five
days after said produce. cotton. sugar
goods wares or merchandise are sold
send to the cOnsignOr the full amount
received for the same, less the commits
sion due said commission merchant I'M
der the contract of consignment: and if
cotton, sugar. or other produce sold by
weight the weight of the same in gross
and the tare allowed and be accompan-
led by the certificate or memorandum.
signed by the weigher who weighed the
same. of the weight and condition as re,
CURED by law. and upon failure Of the
said commission merchant to comply
with any one of the provisions of this
Article, he and the bondsnen required
by this Chapter shall be liable for all
actual damages incurred by the con
signOr by reason thereof. and in add
tion thereto IA penalty of not less than
one hundre dollars nor more than five
hundred dollars. to be recovered by the
cOnsignOr in a suit filed for said actual
damages and for said penalty.
Article 1888. Prescribing the Du-
ties OF a Shipper:-Every cJnsignor of
produce. goods. wares or merchandise
in this state consigning produce, goods,
wares merchandise to commission mer
chants to be sold on commission shall.
when ne consigns such produce. goods.
wares or merchandise send 10 such com
mission merchant a written statement i'm
which such consignor shall state the
amount. the quality or class. the condi-
ton OF such produce, goods. wares or
merchandise so consigned. and if said
commission merchant, on receipt of
same, fails to promptly notify said con
sign0r of any objection he NAV have 70
the class. quality or quantity so consign-
ed, then such statement shall be prima
facle evidence of the fact that said con-
Segment OF such produre goods. wares
or merchandise is truly stated i'm said
statement by the cOnSignor to said com
mission merchant provided further. thar
when such produce. goods. wares or
merchandise is received by said commis-
sion merchant such commiSsi II merchant
shall give to the agent of the railroad
or other carrier so delivering su.h pro
duee goods, wares or merchandise. q
receipt for same which receipt shall
state the quality. quantity, grade and
condition OF such produce, goods. ware or
merchandise. and SAID agent of the rail
road or other carrier shall keep such
receipts on file in his Office subject 10 the
inspection of any one interested in sucb
shipment. for six months from the date
Of such receipt.
Sec. | a. None of the provisions of
MS bill shall apply to cotton. and no.
lhlng herein shall be construed as 70
peallng or affecting an ycxisting laws
touching the subject of commission mer-
chants or brokers as the same relates