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

least seven days before the hearing,
 which shall be held, in the city, village
 or township in which the place Of busi-
 ness of the lieensee is situated At the
 time and place appointed for such hear
 ing the commissioner of agriculture
 and industries, or one or more of his
 assistants, shall hear the parties to
 such complaint and shall have power
 to administer paths to witnesses to
 give testimony in regard thereto, and
 shall thereafter enter in the office of
 the commissioner of agriculture and in
 dustries at Montgomery, Ala, a deci-
 sion either dismissing such complaint
 or specifying the facts which he deems
 established on such hearing, and in
 case such facts are established as cause
 him to revoke the license of such
 license. the fact of such revocation
 shall be included in his decision and,
 immediately upon the making of such
 decision, q cause of action shall accrue
 in favor of any person injured by the
 wrongful acts of such licensee on the
 bond herein provided for also a cause
 of action in favor of the state to be
 prosecuted by the commissioner of az
 riculture and industries, in the name
 of the state. for such damages as the
 state may have suffered and costs in
 oident to such investigation.
 Sec. 5. The commissioner of agricul-
 
 may revoke a license already granted
 where he is satisfied of the existence of
 the following cases or any of them:
 ta) Where money judgment has been
 entered against such produce merchant
 and upon which execution has been re-
 turned unsatsfied. (b) Where false
 charges have been imposed for hand ling services rendered. Co Where
 there has been failure to account promptly and properly or to make set
 dement's with intent to defraud. (d)
 Where there has been false statements as to conditions, quality or quantity
 of goods received or held for sale when the same might be known on reason able inspection (e) Where there has
 been false or misleading statement or statements made as to market condi-
 tions with intent to deceive. tf) Where there has been combination or com
 binations to fix prices. tg) Where the produce merchant directly or indirectly purchases the goods for, his own count without prior authority therefor or without notifying the consignor thereof. th) Where the produce mer- chant is in bankruptcy or insolvency, or where the commissioner of agricul- ture has reason to believe that bank fuptey or insolvency may shortly oc- cur iD Where there has been a con- tinued course of dealing of such a na- ture to satisfy the Commissioner of the inability to properly conduct the business of produce merchant or of intent to deceive or defraud shippers. CD Where lieensee has been guilty of fraud or deception in obtaining his license. 0k) Where the licensee neg lects to file a new bond when notified by the commissioner that the bond al- ready filed as unsatisfactory.
 Sec. 6. The action of the commits Ein xF xx.fr,, al aud t,.l, %xs- refusing to grant license or in revok- ing license granted under this act shall be subject to review by any cir cult court in this state, or other court of like Jurisdiction, on a writ of cer- tiorari; and, if such proceedings are begun, until the final determination of the proceedings and all appeals there from the license of such produce mer- chant shall be deemed to be in full force and effect. provided the fee for such license shall have been paid and a bond given as in this act required
 Sec. 2. Every produce merchant, who handles farm produce on commission, shall, upon the receipt of farm produce and as he handles and disposes of the same, make a record thereof, specifying the name and address of the consignor, the date of receipt the kind and the quantity of such produce, the amount of goods sold, the date of sale, the price received. the name and address of the person to whom the goods are sold or his license number where the same can be secured with reasonable diligence, and the item of expense connected there- with; and this record, together with pay ment in settlement for such shipment, shall be mailed to the consignor within K hours after the sale unless otherwise agreed The produce merchant shall re- tain the foregoing record for period of one year and the same shall be open to the inspection of the commissioner of agriculture and of the consignor or the agents of either of them! The burden of proof shall be upon the produce merchant to prove the correctness of his account ing as to any transactions which may be and shall be punished by a fine of not exceeding $500.
 Sec. s. Any person, firm, exchange, as- or corporation who shall receive or offer to receive, sell or offer to sell within this state any kind of farm pro duce, without a license except in this chapter permitted, and any person who being a produce merchant in farm pro- duce shall (a) impose false charges for or services in connection with the farm produce. or (b) fails to account for such farm produce promptly and prop erly and to make settlement thereof, with intent to defraud, or Co shall make false or misleading statement or state ments as to market conditions with intent to deceive, or (dl enter into any combina- tion or combinations to fix prices, or (e) or indirectly purchases for his of its own account, goods received by him or in upon consignment without prior authority therefor from the con signor, or shall fail to promptly notify the copsignor of such purchase on his or its own account, or (D any person, con- signee or consignor handling shipping or selling farm produce who shall make a false statement as to grade, conditions, quality or quantity of goods shipped ir packed in any manner. with intent to deceive, or (g) shall fail to comply in every respect herewith, or (h) shall advertise or hold oneself out as produce merchant in farm produce with out a license. shall be guilty of a mis- demearor.
 Sec. 9. That the price of said license shall be Sl0 per annum and shall be pay able in advance on the first day of January of each year and shall be paid to the commissioner of agriculture and and the license for the calen- dar year shall become due and payable 3o days after the approval of this act The license money collected by the com missioner of agriculture and industries under this act shall be by him turned over to the state treasurer as collected, and the state treasurer Is hereby re- ouired to keep said money separate and apart from any other money in the state trea sury. This money shall be paid out only on a certificate or warrant approved by the commissioner of agriculture and for the purpose of paying the expenses of enforcing this act, and for the other purposes provided in section Il of this act