The Delta independent., 1915-03-12

damaged cOnd1t1On, noticeable upon
arrival, the commission merchant
shall have the common carrier make
proper record verifying such condi-
tion, and the commission merchant
shall notify the consignor promptly SO
that the consignor can take further
action to verify the report Every
commission merchant upon making
sale of a consignment of farm pro-
duce, shall make an itemized record
of all charge and cash sales, the kind,
condition and quantity of the produce
sold, the price received therefor and
any and all items of expense together
with any rebates or shrinkage con-
nected with such sale. copy of
this record. together with payment in
settlement for such shipment. shall be
mailed to the consignor within ten
dayh unless otherwise agreed in writ
ing; Provided however, that such
copy may show only the gross sales
of such consignment and that the
names and addresses of the purchas-
ers need not be given. The commits
sion merchant shall retain the fore
going records for the period of one
year and the same shall be open for
confidential inspection of the secre-
tary of state or his deputies.
Section g. 1t shall be unlawful for
any commission merchant to make a
false or ficticious sale of such produce
consigned to him, or to make sale to
any unreal or fictitious person or
straw-man; or for any commission
merchant to whom any consignment
is made to reconsign such consign
ment to another commission merchant
for the purpose of receiveing. collect
ing or charging by such means more
than one commission for making the
sale thereof for the consignor, unless
by consent of such consignor.
Section T., Local produce of fruit
associations, or other shippers located
in the neighborhood where products
are grown. may receive a reasonable
compensation for loading, shipping
and securing persons to handle the
same on commission in markets away
from the locality where grown. Com
mission merchants receiving consign-
ments of farm produce from a num-
ber of consignors under written agree
ment with them or written authority
from them to market such produce
in season and pro rate the net pro-
ceeds of such consignments. among
all such consignors, or where con-
signments of produce are made under
written authority to the commission
merchant to market the same in sea
son in connection with other produce
of the same class, then the commits
sion merchant may withhold such pro-
portion of the net returns OF sales OF
such c0nsignments as may be deemed
necessary to carry out the agreements
pertaining to such consignments un-
til final sales have been made, but in
case final settlements must be made
within fifteen 15) days from final
sale Of such consignments. unless 9TH
erwise agreed in writing by the con-
signor.
Section 8. Any person firm or
corporation engaging in the commits
sion merchant business as above de-
fined without first qualifying and OBJ
tanning license as herein required.
shall be deemed guilty of misde-
meanor, imprisonment in the county
iail for a term not exceeding one
wear. or by both and upon conviction
shall be punished by fine not to ex-
ceed 100000, or by such fine and I'M
prisonment.
Section 9. Any commission mer-
chant as above defined, failing to rem
der an account of sales or failing to
report concerning the disposition OF
any unsold consignment OF farm pro-
due within ten days after written de-
mand by registered mail is made by
the consignor. or who shall fail to
keep the books and records as pro-
yided in this act, or who shall violate
any of the provisions of this Act. shall
be deemed guilty of a misdemeanor,
and upon conviction shall be fined In
a sum not, exceeding $500.O0, or by
Imprisonment in the county jail not
exceeding one year, or by both such
fine and imprisonment.
Section 10. Suit upon the BOND
given by any commission merchant