The Birmingham age-herald., 1915-10-23

the rev ocation of this license and for the 1 penalty for any violation of this act; to
 prevent fraud in the selling and handling
 Of farm produce and to provide punish
 men, for such fraud; to provide for the l collection and disbursement of the mcneys collected: to establish increase ! and encourage markets for the sale of farm produce. approved March .. 1915, be. | and the same is hereby amended to read as follows. Section l. That before engag- l ing In the business of wholesale dealer | in farm produce In this state that every l person, firm. exchange association or cor i poration shall obtain from the state of | Alabama a license. issued by the comnis- sioner of agriculture and industries, to engage in such business. The application | for such license shall be in writing on such blank form as may be required by the commissioner of agriculture and in- dustries And such application shall con- tain, among other things, the name. ad- dress and age of the applicant, If an n- dividual, and. if a partnership or asso- cia ton the names, addresses ana ages of l the members of such association or part
 rership shall be given. and, if cor poration. the names and addresses of the | officers shall he given, and in either event, an appropriate statement, such as may be required by the commissioner of agriculture and industries, showing the financial status of such applicant, 'ths lelgth of time said applicant haa been engaged in such business. tho Character | oe such farm produce as such appli- cant intends to deal in, the ocation Qe his. their CT it's principal place ot busl- ness and, if more than one place oz | business. each shall be given nd u- cense procured for each branch place e business or branch house. If the ctu1- missioner of agriculture and induott161 T approve said application the appl1co6f
 shall thereupon enter Into q good ar>1
 sufficient bond, in the sum of $1OO0 p61- able to the state of Alabama. and ooudl~ toned that the principal thereln named shall honestly conduct such businesn and pay over to the consignor any Roodn re- ceived by him, them or it or arg pro- ceeds of sales of farm produce sold for
 the account of such person ana to other wise conduct his business according to the provisions of law. Said bond shall be
 filed and duly recorded in the office of the secretary of state after the same has
 been taken and approved by the com missioner os agriculture and indUokfios. A copy of said bond, duly certified bx tAo l secretary of state. shall be recolyu1>&U evidence in all of the courts of this 1)1<o l without other proof. Any person having n right of action against any such whole against the principal and suretes of said bond, ona or both at the discretion of the person injured and successive suits of a similar nature and character may
 be brought on said bond until the face value thereof Is exhausted. Any such suit on said bond shall be governed by the general laws of this state. In case such bond Is exhausted the license of such dealer shall thereupon be cancelled by the commissioner of agriculture and industries unless such dealer shall im- medately execute new bond as herein
 provided for; and, if such commissioner
 of agriculture and industries fails to im-
 mediately cancel such license. any citi- zen of this state may not.ty such dealer
 of the fact that such bond has been ex-
 ha usted and his license shall thereupon become null and void, unless he makes n new bond immediately as herein pro- vided for. And after such license has | been cancelled or has become null and void, as above provided for, 1t shall
 be unlawful for said wholesale produce dealer to engage in such business without first obtaining new license.
 Sec. 2. The term wholesale produce
 dealer herein used shall include only such persons, firms, exchanges, brokers, associations or corporations who re-
 ceive shipments of farm produce to sell on commission for the account of the
 consignor, the term farm produce shall include all agricultural, horticultural,
 vegetable and fruit products of the soil. poultry, eggs. dairy products, nuts.
 honey and the like, but shall not in-
 clude timber products, Horticultural products. tea or coffee, provided that : no person other than those herein de- fined as a wholesale produce dealer shall be subject to the provisions of
 this act.
 Sec. 3. For any liability which any jcOnsignor farm produce may have against any wholesale produce dealer. , either for the price of said farm pro. duce or any balance due thereon, or,
 for any loss of price in the sale there
 of by reason of any false or fraudu-
 lent representations made by said dealer to the owner or consignor of
 said produce, the said owner or con-
 signor of the same shall have the ? right of action as hereinbefore pro- vided for against the said produce
 dealer and the sureties on his said
 bonds
 Il Sec. 4. The commissioner of agri-
 culture and industries, or either one of his assistants, shall have power to in-
 vestigate, upon the verified complaint
 of an interested person, also to make an investigation irrespective of whether
 or not a complaint Is filed. the record of any person, firm, exchange. corpo-
 ration or association applying for a H. cense, or any transaction involving the
 solicitation, receipt. sale or attempted
 sale of farm produce, the failure to
 make proper and true accounts and lsettlements at prompt and regular i'm
 tervals the making of false state-
 ments as to conditions. quantity or quality of goods received or while in
 storage, the making of false statements as to market conditions. with the in- ltent to deceive. or the failure to mako
 payment for goods received or other alleged injurious transactions; and for such purpose may examine at the placo of business of the licensee. that por- tion of the ledgers, books of account. memoranda. or other documents, re- lating to the transactions involved Of any wholesale produce merchant and may take testimony thereon under oath.
 and to this end. administer oaths to witnesses for that purpose. Whom a
 consignor of farm produce fails to
 obtain satisfactory settlement In an1
 transaction. after having notified tho lcosnignee. certified complaint may bS
 filed at the expiration of 10 days afteo
 such notification with the commissionen
 of agriculture and industries. Tho colne
 missioner of agriculture and induntrioo v shall attempt to secure an explanatio8 or adjustment; and. failing in this wlth- in seven days, ho shall causo q coua,