Gilpin observer., 1914-10-29

and Referendum
House Bill No. 1876, Laws of 1913
By Messrs Hawkins and p. e. Gates
AN ACT TO DEFINE COMMISSION
MERCHANTS: PROVIDE FOR IL
CENSING AND BONDING COMMIS-
SION MERCHANTS: REGULATE
THE BUSINESS OF COMMISSION
MERCHANTS; AND PROVIDE FOR
VIOLATION THEREOF.
BE 1t Erocfcd bp the General AssembIy of
the state Of Colorado:
Section /. Any person. firm or cor
poration pursuing or who shall pursue
the business of selling farm dairy
orchard or garden produce (eXcept live
stock). of any kind upon consignment
for a commission shall be deemed to
be a commission merchant within the
meaning of this act. Provided. That
this definition shall not be construed
to include any retail dealer who re-
ceives goods from producers to be sold
IT, broken lots. to consumers. for which
no commission is charged or collected.
Section 2. 1t shall be unlawful for
any such commission merchant to do
business. as such. in the State of Colo
rado without first obtaining license
and carry, on the business of commits
sion merchant.
>, s seetiSn lon, 3. Such sommission mer-
under oath to the Secretary OF State.
giving his full name II an Individual.
the full name OF all the partners il a
partnership. and the date OF incorpora-
tion. the names OF it's officers and di
rectors. the state where Incorporated
actually paid in IL 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
cense to sell on commission is wanted.
lnn tr1 bal n1a 81 -
Secretary of State the bond hereinaf-
ter required. together with n fee of
five, dollars. Upon .approyal OF said
lond and receipt of the filing fee, the
Secretary of state shall issue to said
applicant a license to carry on the
business of commission merchant until
the 3ist day OF December of the year
In which such license is issued: Pro-
yided. That all statements made under
the provision OF this act shall be for
the exclusive information OF the Sec
retary 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 nner-
chant desiring to do business In the
Secretary of state as bond executed
by such commission merchant as prin-
cipal, and a surety company licensed to
RADIO. rs surety. conditioned In the
sum OF ten thousand dollars. FOR the
payment and proper accounting to each
anu cNefy SvHsiHnVf VI sucH IaTHn
dairy, orchard or garden produce. and
for the payment to such consignor OF
the fun amount of tho selling price of
such produce. less advances for freight
and storage, IL any, and such commits
sion as may be agreed upon between
the consignor and such comm ssion
merchant. Such bond shall be ap-
proved by the Secretary OF State,
Section .. In case such comm iss on
merchant shall fail or neglect to ac-
c>unt and report for n sale or to pay
over the moneys due on account OF a
sale. as required in this act. an action
may be had against the principal and
sureties on said bond by such consign
or In the name of the people OF the
State of Colorado for the use of such
consignor. to recover the amount due
such conslgnor from said commission
merchant and It shall be lawful for
two or more consignors for the purpose
OF suit hereunder to join actions, but
the Judgment shall specify the amount
duo 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 be sued
upon until the amount thereof is ex
hausted, That upon the Impairment
Of said bond by rccoverics thereon. said
commlss ion merchant shall be required
to make and fIlo n new bond In an
amount equal to such Impairment con-
ditloned as hereinbeforo provided.
Section q. Every commission mer-
chant doing business under the provis-
ions OF this act shall keep an accurate .
and complets set OF books. in which
shall be truly recorded the amount and