The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

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next twelve (13) months, as set
forth in his application, up to and
including one million Q,000, 000)
standard packed boxes of citrus
fruit; provided. however, that no
bond shall be less than Five Hun
dred (S500.00 Dollars in amount nor
greater than Ten Thousand 10000
Dollars in amount. Said bond shall
be in the form approved by the
ed upon compliance with the pro-
visions of this Act. and upon faith
full compliance with the conditions
of all contracts, verbal or written,
made by the citrus fruit dealer with
producers relative to the purchase,
handling, sale and accounting of
sales of citrus fruit and upon appli-
cant accounting for the proceeds of
any citrus fruit contracted for in
accordance with the terms of the con-
tracts with producers. Said bond
shall be to the Commissioner and
his successors in office, in favor of
every producer with whom appli-
cant deals in the purchase, handling,
sale and accoun ting of sales of cit
rus fruit. The aggregate accumu-
lated liability under any such bond
shall not exceed the amount named
therein. Every such bond shall con-
900 days after the termination of
the shipping season for which the
bond is given. Any producer claim
ing to be injured or damaged by any
act of said citrus fruit dealer, or the
Commissioner on behalf of all pro-
ducers contracting with the said said
citrus fruit dealer may maintain
an action on said bond against the
citrus fruit dealer and the surety
named in said bond, or either of
them, and any judgment against the
citrus fruit dealer and/or surety in
any such action shall include costs.
In cases where liability under and
by virtue of any bond given pur-
Suant to the provisions hereof is adj
mitted. without suit, and the amount
Or amounts admitted to be due are
paid to the Commissioner, the Com
missioner is authorized and directed
to ascertain the amount or amounts
due the claimant or claimants to as
certain the amount or amounts due
the claimant or claimants who has
or have duly filed a claim or claims
under and in connection with such
bond prior to the expiration of ninety
900 days Immediately following the
end of the shipping season for which
such bond was given, and thereafter
the Commissioner shall make distri-
button of the amount or amounts
so paid to him under such bond to
the extent that the same may reach
in SATISFYING claim or claims; pro-
vided, however. that where there are
two or more claimants who have
duly filed claims within the time last
aforesaid that aggregate an amount
in excess of the amount or amounts
held by the Commissioner for distri-
button. such claimants shall par
ticipate in the proceeds of such
funds in the hands of the Commits
sioner only on a pro rata basis. and
no one of such claimants shall re-
ceive any preference over the others
by resaon of having filed his claim
prior to the filing of the claims of
the others.
Sec. 4. That it shall he unlawful
in. or in connection with any trans
action relative to the purchase, ham
ding, sale and accounting of sales
of citrus fruit:
l. For any citrus fruit dealer to
make or exact any fraudulent charge
to and/or from any person.
2. For any citrus fruit dealer to
reject or fail to deliver in accordance
with the terms of the contract with
out reasonable cause any citrus fruit
bought or sold or contracted to be
bought Or sold by such citrus fruit
dealer.
For any citrus fruit dealer to dis
card. dump. or destroy without rea-
sonable cause any citrus fruit re-
ceived by such citrus fruit dealer.
4. For any citrus fruit dealer to
make. for a fraudulent purpose, any
false or misleading statement con-
corning the condition. quality, guam
tity, or disposition of, or the con-
dition of the market for any citrus
fruit which is received by such cit
rus fruit dealer or bought or sold or
contracted to be bought or sold by
such citrus fruit dealer; or the pur-
chase or sale of which is negotiated
by such citrus fruit dealer: or to fail
or refuse truly and correctly to ac-
count promptly in respect of any
such transaction in any such citrus
fruit to the person with whom such
transaction is had.
5. For any citrus fruit dealer to
knowingly buy, sell, receive, process
or handle stolen citrus fruit.
Sec. 5. Whenever an application
bears the approved endorsement of
the Citrus Commission and the appli-
cant has paid the prescribed fee, the
Commissioner shall issue to such ap-
plicant a license which shall entitle
the icensee to do business as a cit
rus fruit dealer in the current or en-
suing shipping season to be in force
unless and until it is suspended or
revoked by the Commissioner in ac-
cordance with the provisions of this
Act.
Sec. 6. That if any citrus fruit
dealer violates any provisions of this
Act he shall be liable to the person
or persons injured thereby for the
full amount of damages sustained in
consequence of such violation Such
liability may be enforced either ID
by complaint to the Commissioner
as hereinafter provided or (2) by
suit in any Court of competent
jurisdiction but this Section shall
not in any way abridge or alter the
remedies now existing at common
law or by statute. and the provisions
of this Act are in addition to such
remedies.
Sec. z. That any person complain
ing of any violation of any of the
provisions of this Act by any citrus
fruit dealer during any shipping sea-
son may at any time prior to the
expiration of ninety days immed-
lately following the end of such
missioner by petition. which shall
briefly state the facts, whereupon. if
in the opinion of the Commission
er the fact therein contained warrant
such action. a copy of the complaint
thus made shall be forwarded by the
Commissioner to the citrus fruit
dealer. who shall be called upon to
satisfy the complaint or to answer
it in writing within a reasonable
time to be prescribed by the Com
missioner. After an opportunity for
hearing on complaint the Com
missioner shall determine whether
or not the citrus fruit dealer has
violated any Of the provisions of
this Act. If after hearing on a COM
plant made by any person under
this section the Commissioner deter
mines that the citrus fruit dealer
has violated any provision of this
Act. he shall, unless the offender has