Gilpin observer., 1914-10-08

House Bill No. 1876. Laws of 1913.
By Messrs. Hawkins and p B. 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.
the State of Colorado:
Section 1. Any person. firm or cor
poratlon pursuing or who shall pursue
the business of selling farm. dairy,
orchard or garden produce (except live
stock). of any kind upon consignment
Tor commission shall be deemed to
be ommission 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
II. broken lots. to consumers, for which
Section q 1t shall be unlawful for
any. such commission merchant to do
business. as such. in the State of Colo
from the Secretary of state to conduct
and carry, on the business of commits
sion merchant.
Section 3. Such commission mer-
chant shall make application in writing
under oath to the Secretary of State
giving his fun 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 a corporation. stat
ing the name of the city or town where
he inIe1Ss ib to trai carry S on such business
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
iond and receipt Of the fling fee. M the the
Secretary of State shall issue to said
applicant "A license to carry on the
the 31st 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 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 mer-
chant desiring to do buslness in tho
Secretary of State as n bond executed
by such commission merchant as prin-
clpal. and n surety company licensed o
rado. as surety. conditioned in the
sum of ten thousand dollars. for the
payment and proper accounting to each
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 commls-
sion as may be agreed upon between
the consignor and such commission
merchant. Such bond shall be ap-
proved by the Secretary OF State
Section g. In case such commission
merchant shall fail or neglect to ac-
count 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
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 consignor from said commission
merchant and II shall be lawful for
of suit hereunder to Join actions. but
the Judgment shall specify tho amount
due to each consignor. Such suit shall
be brought In the county wherc said
commission merchant has his principal
place of business. Provided. That said
bond shall not become void upon the
first recovery thereon. but may be sued
upon until the amount thereof is ex.
hausted: That upon tho impairment
of said bond by recoverics thereon. said
merchant shall be required
to make and file new bond In an
amount equal to such impairment con-
ditioned as hereinbefore provided,
Section G. Every commission mer-
chant doing business under the provis-
Ions of this act shall keep an accurate
and complete set of books, in which
shall be truly recorded tho amount and