The Birmingham age-herald., 1915-06-21

poration or association applying |, l ieehse' or any transaction fnyolv- Ing the solicitation, receipt sale or l attempted sale of farm produce, the
 iaiiure to make proper and true ac- | counts and settlements at prompt and
 regular intervals. the making of false | statements as to condition, quality or 1 quantity of goods received or while in l storage, the making of false statements as to market conditions, with intent to deceive, or the failure to make pay : ment for goods received or other aI- | legged injurious transactions; and for l such purpose may examine at the placa or business of the licensee, that portion Of the ledgers, books of account, mem- oranda or other documents, relating tu the transactions involved, of any pro- duee merchant, and may take testi- mony therein under oath. When a con- signor of farm produce fails to obtain satisfactory settlement in any trans- action, after having notified the con- I slgnee, a certified complaint may os nied at the expiration of 10 days after | such notification with the commission | CT of agriculture. The commissioner of agriculture shall attempt to secure an explanation or adjustment; failing this within seven days he shall cause d | copy thereof, together with a notice of the time and place for a hearing of | such complaint, to be served personallv
 
 | Such service shall be made at least seven days before the hearing, which shall be held in the city, village or township in which is situated the place or business of the licensee At the | time and place appointed for such bear- Ing, the commissioner or his assistants | shall hear the parties to such complaint. shall have power to administer an oath and shall enter in the office of the commissioner of agriculture at Mont gomery. Ala, a decision either dismiss- ing 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 such | license, he shall bring an action on tho bond within six days of the filing of such decision.
 Sec. D. Granting and revoking H. cense. The commissioner of agricul- ture may decline to grant a license or 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 unsatisfied (b) Where false charges have been imposed for han ding or services rendered (c) Where there has been failure to account promptly and properly to make settle ments, with intent to defraud (d)
 
 as to conditions. quality or quantity of goods received or held for sale when the same might be known on reasona- ble inspection. Gel Where there has been false or misleading statement or statements as to market conditions with intent to deceive. (f) Where there has been a combination or combination to fix prices. (g) Where the produce merchant directly or indirectly pur- chases the goods for his own account without prior authority therefor or with out notifying the consignor thereof th) Where the produce merchant is in bankruptcy or insolvency. or where the commissioner of agriculture has reason to believe that bankruptcy or insolvency may shortly occur. CD Where there has been a continued course of dealing of such a nature as to satisfy the commissioner of the inability to properly conduct the bus- ness of produce merchant or of h. tent to deceive or defraud shippers. CD Where licensee has been guilty of fraud or deception In obtaining his l- cense. (k) Where the lcensee neg lects to file a new bond when notified by the commissioner that the bond al- ready filed is unsatisfactory.
 Sec. 6. Certiorari to review. The &C., ton of the commissioner of agriculture in refusing to grant a license, or in reyolSing a license granted under this article, shall be subject to review by a writ of certiorari, and if such proceed ings are begun, until the final determ- ination of the proceedings and all ap- peals therefrom. the license of such produce merchant shall be deemed to be in full force and effect provided the fee for such license shall have been paid and bond given as herein re- quired.
 Sec T. Report of sale to consignor. Every produce merchant who handles farm produce on commission. shall, upon the receipt of farm produce and as he handles and disposes of the samo. make a record thereof specifiying the name and address of the consignor the date of receipt. the kind and the quanti- ty of such produce. the amount of goods sold the date of sale, the price re- ceiyed, 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 dill gence, and the item of expense connected herewith; and the rec ord together with payment in settlement for such shipment shall be mailed to the consigner within AS hours after the sale, unless otherwise agreed. The produce merchant shall retain the foregoing record for a period of one year and the same shall be open to the in- spection of the commissioner of agricul- ture 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 accounting as to any transactions which may be ques- toned, and shall be punished as provided by section 7622 of the code of 1907.
 Sec. s. Offenses: Any person, firm, exchange, association or corporation, who shall receive or offer to receive, sell or offer to sell within this state any kind of farm produce without a license ex- eept as in this chapter permitted, and any person who being a produce merchant in farm produce shall f@ impose false charges for handling or services in con- neetion with farm produce, or (b) fails to account for such farm produce promptly and properly and to make settlement thereof with intent to defraud. or Co shall make false or misleading statement or statements as to market conditions with intent to deceive. or (d) enter into any combination combinations to fix prices. or (e) directly or indirectly pur- chases for his or its own account, goods received by him or 1t upon consignment without prior authority therefor from the the consignor of such purchase on his or it's own account or (f) any person. con- signee or consignor handling shipping or selling farm produce who shall make false statement as to grade condition. shipped or packed in any manner with intent to deceive, or (g) shall fail to com ply in every respect herewith, or (h) shall advertise or hold oneself out as . produce merchant in farm produce with. Haat chnh No >C