« ForrigeFortsett »
All clerical and administrative functions pertaining to the business of
the Tax Commission shall be discharged by the Director of Finance who
shall, for that purpose, act as its secretary and executive officer. APPROVED June 19, 1919.
COLLECTION OF STATISTICS.
§ 1. Who shall collect and tabulate. § 3. When onation to be delivered —to Whom. § 2. Who shall furnish blanks—prescribe form. $ 4. Emergency.
(SENATE BILL No. 122. APPROVED JUNE 28, 1919.)
AN ACT in relation to the collection of agricultural statistics.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: It shall be the duty of each assessor and deputy assessor, at the time provided by law for the assessment of property, to collect and tabulate such agricultural information and statistics as may be required by the Department of Agriculture.
§ 2. Such agricultural information and statistics shall be tabulated upon blanks furnished by the county clerk of each county and by him delivered to the assessors and deputy assessors in his county: Provided that the Department of Agriculture shall prescribe the form of such blanks.
§ 3. These blanks, properly filled out, shall be delivered by the assessors and deputy assessors to the county clerk of each county, not later than ten (10) days after the completion of the assessment of property, as provided by law. Not later than ten (10) days after the receipt of the blanks prepared by the assessors and deputy assessors, each county clerk shall forward these blanks to the Department of Agriculture.
§ 4. Whereas, an emergency exists, this Act shall take effect from and after its passage.
APPROVED June 28, 1919.
§ 1. Terms defined. § 6. Action subject to review. § 2. To be licensed—application—fee. $ 7. Commission merchant to keep - record of produce. § 3. Applicant to give bond—amount —who may bring action. $ 8. Poy for non-compliance of aw.
$ 4. Investigation—notice of hearing
§ 5. When license may be refused or revoked.
(House BILL No. 62. APPRoved JUNE 28, 1919.)
AN ACT to regulate the consignment and sale on commission of farm produce, and to repeal an Act therein named.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: (a) That the term commis
* merchant shall include every person, firm, exchange, association and *Poration licensed under this Act to receive, sell or offer for sale on *mission, within this State, any kind of farm produce; except where so farm produce is sold for consumption and not for resale. This Act shall not apply to the sale of farm produce at public auction by a duly liceosol and bonded auctioneer, acting as the agent of another to whom such farm produce shall have been consigned; nor shall this Act apply to seeds sold at retail; nor shall this Act apply to grains and seeds which are classified into grades by any governmental or State Departnient duly created by any law of the State of Illinois or of the United States. (b) The term “Farm Produce” shall include all agricultural, horticultural, floricultural, vegetable and fruit products of the soil, and poultry, wool, feathers, fur, hides, eggs, dairy products, nuts and honey, but shall not include timber products, tea or coffee. (c) The word “Director” when used herein shall have reference to the Director of Agriculture. § 2. On and after August first, Nineteen Hundred and Nineteen, no person, firm, exchange, association or corporation, shall receive, sell or offer for sale, or solicit consignments or shipments for sale on commission within this State, any kind of farm produce, without a license as provided in this Act. Every person, firm, exchange, association and corporation in this State receiving farm produce for sale on commission shall, annually, on or before June 1st, file an application with the Director of Agriculture for a license to do a commission business in farm produce. Such applicant shall state the kind or kinds of farm produce which the applicant proposes to handle, the full name of the person, firm, exchange, association or corporation applying for such a license, and if the applicant be a firm, exchange, corporation or association, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation, and the name of the local agent of the exchange or association, and the city, town or village and street number at which the business is to be conducted. Such applicant shall further satisfy the Director of his or its character, responsibility and good faith in seeking to carry on a commission business. The Director shall thereupon issue to such applicant, on payment of ten ($10) dollars and the execution and delivery of a bond as hereinafter provided, a license entitling the applicant to conduct the business of receiving and selling farm produce on commission at the place named in the application until the first day of July of the year next following. Separate licenses and bonds shall be required for each location at which business is to be conducted; and such license shall be kept posted in the office of such licensee. § 3. Before any such license shall be issued every applicant shall execute and deliver to the Director of Agriculture an indemnity bond for two thousand ($2,000) dollars and with sureties satisfactory to the said Director. All bonds to be of a standard form as to terms and conlitions, approved by the Director, and to secure an honest accounting and handling of produce received and for the payment to the consignor of all moneys or things of value received for goods consigned to such
licensee for sale and to secure consignor against all fraudulent acts of said licensee in the sale or the handling of the goods of consignor. And the Director may bring an action in any court of competent jurisdiction in the county in which is situated the place of business of the licensee to recover payment for goods sold on commission and not paid to consignor, or not honestly accounted for, and for damages sustained by consignors by reason of such fraudulent acts and wrongful handling and if such licensee has become liable to more than one consignor and the amount of the bond is insufficient to pay the entire liability the consignors shall be compensated in proportion to their several claims, the said sums when collected to be promptly paid over to the parties entitled thereto.
§ 4. The Director of Agriculture or his assistants shall have power to investigate, 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, corporation or association applying for a license, or any transaction involving the solicitation, receipt, sale or attempted sale of farm produce on a commission basis, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions, with intent to deceive, or the failure to make payment for goods received or other alleged injurious transactions; and for such purpose may examine at the place of business of the licensee, that portion of the ledgers, books of account, memoranda or other documents, relating to the transactions involved, of any commission merchant, and may take testimony therein under oath.
When a consignor of farm produce fails to obtain honest accounting in any transaction after having notified the consignee, a verified complaint may be filed at the expiration of ten (10) days after such notification with the Director. The Director shall attempt to secure an explanation or adjustment; failing this, within seven days he shall cause a copy thereof, together with a notice of a time and place for a hearing on such complaint, to be served personally or by mail upon such commission merchant. 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 of business of the licensee. At the time and place appointed for such hearing, the Director 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 Director at Springfield a decision 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 such license, he shall bring an action on the bond within sixty days of the filing of such decision.
§ 5. The Director 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.
(a) Where false charges have been imposed for handling or services rendered. (b) Where there has been a failure to account promptly and properly or to make settlements, with intent to defraud. (c) Where there have been false statements as to condition, uality or quantity of goods received or held for sale on commission when the same might be known on reasonable inspection. (d) Where there has been false or misleading statement or statements as to market conditions with intent to deceive. (e) Where there has been a combination or combinations to fix prices. (f) Where the commission merchant directly or indirectly purthases the goods for his own account without prior authority therefor or without notifying the consignor thereof. (g) Where the commission merchant is in bankruptcy or in insolvency, or where the Director has reason to believe that bankruptcy or insolvency may shortly occur. (h) Where there has been a continued course of dealing of such a nature as to satisfy the Director of the inability to properly conduct the business of commission merchant, or of the intent to deceive or defraud shippers. (i) Where a licensee has been guilty of fraud or deception in obtaining his license. (j) Where the licensee neglects to sile a new bond when notified A the Director that the bond already filed is unsatisfactory. § 6. The action of the Director in refusing to grant a license, or in evoking a license granted under this Act, shall be subject to review o a writ of certiorari, and if such proceedings are begun, until the inal determination of the proceedings and all appeals therefrom, the lost of such commission merchant shall be deemed to be in full force and effect, provided the fees for such license shall have been paid and *ond given as herein required. § 7. Every commission merchant shall, upon the receipt of farm Volute, and as he handles and disposes of the same, make a record thos, specifying the name and address of the consignor, the date of *pt, the kind and the quantity of such produce, the condition of the Wols upon receipt by licensee, the amount of goods sold, the date of * the name and address of the person to whom the goods are sold, * House number where the same can be secured with reasonable dili* the price received and the items of expense connected therewith: "" a memorandum of this record except as to the names and addresses " purchasers of such goods, together with payment in settlement for "h shipment, shall be mailed to the consignor within forty-eight hours loss otherwise agreed. The commission merchant shall retain the "Kong record for a period of six months and the same shall be open " * inspection of the Director or his agents. The burden of proof *" or upon the commission merchant to prove the correctness of his "", as to any transactions which may be questioned.
$ 8. Any person, firm, exchange, association or corporation who shall receive or offer to receive, sell, or offer to sell on commission within this State any kind of farm produce without a license except as in this Act permitted and any person who being a commission merchant in farm produce shall (a) impose false charges for handling or services in connection with farm produce, or (b) fails to account for such farm produce promptly and properly and to make settlements thereof, with intent to defraud, or (c) shall make false or misleading statement or statements as to market conditions with intent to deceive, or, (d) enter into any combination or combinations to fix prices, or (e) directly or indirectly purchases for his or its own account, goods received by him or it upon consignment without prior authority therefor from the consignor, or shall fail to promptly notify the consignor of such purchase on his or its own account, or (f) any person handling, shipping or selling farm produce who shall make false statements as to grade, condition, markings, quality or quantity of goods shipped, or packed in any manlier, with intent to deceive, or (g) shall fail to comply in every respect here with, or (h) shall advertise or hold one’s self out as a commission merchant in farm produce without a license, shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars.
§ 9. That an Act entitled, “An Act to regulate the shipping, consignment and sale of produce, fruits, vegetables, butter, eggs, poultry, or other products or property, and to license and regulate commission merchants and to create a board of inspectors and to prescribe its powers and duties,” approved and in force April 24, 1899, is hereby repealed.
APPROVED June 28, 1919.
§ 1. Seeds specified. § 6. Department of Agriculture to analyze.
§ 2. Noxious weeds—term defined.
§ 3. Sale—regulations.
§ 4. Noxious weeds — pro p or t i on allowed. § 8a. Foreign substances prohibited.
$ 5. Seed corn—sale regulated. § 9. Penalty.
AN ACT in relation to the sale of farm seeds.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That none of the following named farm seeds shall be sold or offered for sale within this State for seeding purposes, except under the conditions hereinafter provided: red clover, mammoth clover, white clover, alsike clover, sweet clover, alfalfa, timothy, Kentucky blue grass, brome grass, orchard grass, red top, meadow fescue, oat grass, rye grass, vetch, rape, corn and millets.
§ 2. The term noxious weeds as used in this Act shall mean the following weeds: buckhorn (Plantage Lanceolata); field sorrel (Rumex Acetosella); Canada thistle (Omicus arvensis); quack grass (Agropyron