Chap. 406.—An ACT to amend and re-enact section 4 of an act entitled an
an act in relation to the sale of farm produce on commission; defining the
terms “farm produce” and “commission merchant,” and regulating com-
mission merchants and providing for their registration and bonding, and
the issuing of a certificate of such registration by the commissioner of
agriculture and immigration; also empowering the commissioner of
agriculture and immigration, upon complaint, and in certain cases, to
investigate the acts of commission merchants, and to revoke or refuse
certificate of registration, and prescribing regulations and offenses under
this act, and providing penalties for violations of such regulations and of
this act, approved February 29, 1916. [H B 369]

Approved March 23, 1918.

1. Be it enacted by the general assembly of Virginia, That
section four of an act entitled an act in relation to the sale of farm
produce on commission; defining the terms “farm produce” and
“commission merchant,” and regulating commission merchants and
providing for their registration and bonding, and the issuing of a
certificate of such registration by the commissioner of agriculture
and immigration; also empowering the commissioner of agriculture
and immigration, upon complaint, and in certain cases, to investi-
gate the acts of commission merchants, and to revoke or refuse cer-
tificate of registration and prescribing regulations and offenses under
this act, and providing penalties for violations of such regulations
and of this act, approved February twenty-ninth, nineteen hun-
dred and sixteen, be amended and re-enacted to read as follows:

Section 4. Power of the commissioner of agriculture and immi-
gration, to investigate——The commissioner of agriculture and im-
migration, or his assistants. have power. to investigate, upon the
verified complaint of an interested person, the record of any person,
firm, exchange, corporation or association applying for or holding a
registration certificate, 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 stor-
age, the making of false statements as to market conditions, with in-
tent 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 holder of such registered
certificate 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.

The commissioner of agriculture and immigration is hereby au-
thorized, in his discretion, to designate one or more fit and proper
persons, in any city or county in this State, who shall be known as
“official weighers of agricultural produce.” Upon the request of
any consignor of farm produce, which is sold by weight, the com-
missioner shall require an official weigher of the city or county to
which the said produce is shipped, to supervise the weighing of the
said produce. The said weigher shall thereupon prepare, in triplh-
cate, upon forms furnished by the commissioner, a certificate of the
actual weight of such produce, one copy of the said certificate to bi
left with the consignee, one copy mailed by the commissioner t
the consignor and the third copy to be kept on file by the commis
sioner. In all questions arising under the provisions of this act, th
certificate of the weigher, when duly sworn to, shall be prima faci
evidence of the fact or facts therein certified. The commissioner i:
hereby authorized, by and with the consent of the board of agri
culture and immigration, to adopt rules and regulations necessary t
carry out the foregoing provisions and to fix the compensation o:
the said official weighers, and for their services in weighing anc
certifying the weights of agricultural produce, as herein above pro.
vided, the said weighers shall be paid such sum as may be fixed by
the said commissioner, said compensation to be paid from such ap.
propriation as may be made for the purpose of carrying out the pro
visions of this act.

When a consignor of farm produce fails to obtain satisfactory
settlements in any transaction within thirty days after receipts of
returns on any consignment he shall make written complaint to the
commission merchant. Failing to secure a satisfactory adjustment
a certified complaint may be filed within ten days to the commis.
sioner of agriculture and immigration. The commissioner of agri-
culture and immigration shall attempt forthwith to secure an ex-
planation or adjustment; failing this, within seven days he shall
cause a copy of such complaint, together with a notice of a time and
place for ceasing 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 or county in which is situated the place of business of the holder
of the registered certificate. At the time and place appointed for
such hearing, the commissioner, or his assistant, 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 and
immigration, at Richmond, a decision either dismissing such com-

laint or specifying the facts which he deems established on such

earing, and in case such facts are established as cause him to re-
voke such certificate, he shall bring an action on the bond within
sixty days of the filing of such decision.