Gilpin observer., 1914-10-15

House Bill No. 135. Laws of 1913.
By Messrs. Hawkins and p B. Gates
AN ACT TO DEFINE COMMISSION
MERCHANTS; PROVIDE FOR LII
CENsING AND BONDING COMMITS
SION MERCHANTS: REGULATE
THE BUSINESS OF COMMISSION
MERCHANTS: AND PROVIDE FOR
VIOLATION THEREOF.
Be 1t Enacted bp the General Assembly Of
the State of Colorado:
Section 1. Any person. firm or cor
pcration pursuing or who shall pursue
the business of selling farm dairy.
orchard or garden produce Except live
stocl). of any kind upon consignment
for a commission shall be deemed to
be n commission merchant within the
meaning of this act; Provided That
this definition shall not be construed
tc include any retail dealer who re-
ceives goods from producers to be sold.
H. broken lots. to consumers. for which
no commission Is charged or collected.
Section .. 1t shall be unlawful for
any. such commission merchant to do
business, as such. in the Stale of Colo
from the Secretary Of State to conduct
and carry on the business of commits
sion merchant.
Section 8. Such commission mer-
chant shall make application in writing
under oath to the Secretary of State.
giving his full name II an individual.
IL
partnership. and the date OF incorpora-
tion. the names of its officers and di :.
rectors. the state where INCORPORATED
and the amount of the capital stock
actually paid in II corporation stat
ing the name of the city or town where
he intends to carry on such business.
giving the street and number of the
building II practicable. and the char
acter of the produce for which IL
The applicant shall also deliver to the
secretary of State the bond hereinaf-
ter REQUIRED. together with a fee of
five, dollars. Upon approval OF said
Secretary of State shall issue to said
applicant a license to carry on the
business OF commission merchant until
the 3lst day of December of the year
in which such license is issued: Pro-
vided That all statements made under
the provision of this act shall he for
the exclusive information of the Sec
rctary of State. and no other person or
persons shall be permitted to examine
the same unless the same be required
for use In court.
Section 4. Every commission mer-
chant desiring to do business In the
Secretary of State as n bond executed
by such commission merchant as prin-
cipal. and n surety company licensed to
rado, as surety, conditioned in tho
sum OF ten thousand dollars. for the
payment and proper accounting TO each
and every consignor of such farm,
dairy, orchard or garden produce, and
for the payment to such conslgnor of
the full amount of the selling price OF
such produce. less advances for freight
and storage. II any. and such commis-
sion as may be agreed upon between
the consgnor and such commission n
merchant Such bond shall be ap-
proved by the Secretary of State
Section O.. In case such commission
merchant shall fail or neglect to ac-
csunt and report for n sale or to pay
over the moneys due on account OF n
sale. as required in this act an action
may be had against the principal and
suretios ON said bond by such conslgn .
or in the name OF the people OF the
state OF Colorado for the use OF such
consignor. to recover the amount due
such consignor from said commission
merchant and II shall be lawful for
two or more consignors for the purpose
of suit hereunder to join actions. but
the Judgment shall specify the amount
due to each consignor. Such suit shall
| be brought In the county where said
commission merchant has his principal
bond shall not become void upon the
first recovery thereon. but may he sued
upon until the amount thereof Is OK
hausted. That upon the Impairment
Of said bond by recoveries thereon, said
commission merchant shall be required
to make and flo n new bond In an
amount equal to such impairment con-
ditloned as hereinbefore provided,
Section G. Every commission NOR
chant doing business under the provis- =
ions of this act shall keep an accurate Q
and complete set of books in which
shall be truly recorded tho amount and