The Elbert County tribune., 1914-10-09

and the amount OF the capital stock
assua, nr p, pn,a az n IL y eorporasion stat.
he intends to carry on such business.
giving the street, and number of the
acter OF the produce for which H.
csnse to sell on commission Is wanted.
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 3ist day of December of the year
in which such license is issued: Pro-
t, 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
| the same unless the same be required
| for use In court
Section 1. Every commission mer-
State OF Colorado shall file with the
Secretary OF State as bond executed
by such commission merchant as prin-
carry on business in the State of Colo
rado. as surety. conditioned in the
sum of ten thousand dollars. for the
payment and proper accounting to each
and every consignor of such farm.
for the payment to such consignor 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 corfsiguora and such commission
merchant Such bond shall be APP
proved by the Secretary OF State.
Section g. In case such commission
merchant nn,,.i "a shall far or neglect TO ac.
over the moneys due on account of n
sale. as required In this act. an action
sureties or said bond by such consign-
/ or In the name of the people of the
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
due TO each consignor. Such suit shall
be brought in the county where 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 lis ex
hnusted. That upon the impairment
Of said bond by recoveries thereon said
commission merchant shall be required
to make and file a. new bond in an
amount equal to such impairment con-
ditioned as -herelnbefore 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 the amount and
character of every consignment re-
ceived by said commission merchant
from any resident of the State of Colo
name OF the consignor and the condi-
ton OF the shipment when received:
apd bsil when n the e,5 SANG me- or any Part % there
sen. firm or corporation to whom sold,
together with the amount and date of
sale. shall be entered The books of
the commission merchant shall be open
TO inspection during all reasonable
ssate es ang 81 bs .se
Section Z. Any commission merchant
who shall receive from any person.
/ ard or garden produce to sell on com
mission. shall as soon as practicable
statement in writing showing what
property has been received and the
condition thereof, n any such prod
duce or any considerable portion there
of 50 received shall be or become dam
aged to such an extent that 1t is en-
duty of such commission merchant to
Secretary OF State at the point nearest @ t
take take from him e certificate that said said
produce is not salable and that 1t is
certificate shall be made in duplicate
and one copy sent to the consignor af-
Section s. Whenever any commission
| merchant sells all or a portion of any
such produce consigned to him from
commission o % he shaii make ost o i1a his bil iii
kept on file in the office Of the com
to the buyer Of the produce, and one
copy oy TO ,s,,, 6e sent to the consgnor Of said
after such gaie- Such bills shall be
bound in permanent form SO that the
detached. leaving one carbon copy for
the office files. All bills shall be num-
bered consecutiyely and such commits
flee files all spoiled bills Such bills
shall be complete in every respect
| sold the price received therefor. the
date OF sale and the name and address
she fas ease such
nisl such statement to the consignor
the. fact of such failure shall be prima
not sold in a legitimate manner. pro-
vided. however. that the provisions of
msst rnss see,ion sd shall m not aDply to conslgn
st?n merchant to another licensed COM
mission merchant.
Section g. 1t shall be the duty of
every commission merchant to pay to
the consignor of such farm. dairy.
orchard or garden produce within thir-
l ty days after said sale the full amount
consignor extend time of payment of
m anv such consignment, after .deducting
transportation and storage If any, and
| the mmission
of % the state of Colorado I Ie is hereby % staoe eme
| powered. upon a verified complaint in
| writing made to him by any consignor
that any such commission merchant Ii
censed under the provisions OF this act
has failed. neglected or refused. after
demand. to render a full. correct and
&C mplete statement of the person. firm
or corporation to whom farm produce
has been sold as aforesaid together with
the prices at which said produce has
been sold: and the true and correct
amount of deductions to be made there
from on account of freight or storage
IL any. and commission thereon or do
any other thing required by this act to
summon such commission mechant. so
licensed by him as aforesaid. to appear
rtfore. him on ten days notice and
ant to produce hI9 or their books
whereon the original entries of such
y ansaction may appear. and all other
cacuments or papers in the possession
or control of such commission mer-
chant concerning such sale or sales of
the produce in question and In the
event that upon a fun hearing before