CHAP. 23.—An ACT to amend and re-enact sections 5 and 8 of an act en-
titled an act in relation to the sale of farm produce on commission;
defining the term “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 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 re 29,
1916.

48]
Approved September 4, 1919.

‘1. Be it enacted by the general assembly of Virginia, That
sections five and eight of an act in relation to the sale of farm
produce on commission; defining the terms “farm produce” and
“eommission 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 agri-
culture 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 regu-
lations and offenses under this act, and providing penalties for
violation of such regulations and of this act, approved February
twenty-ninth, nineteen hundred and sixteen, be amended and re-
enacted to read as follows:

Section 5. The commissioner of agriculture and immigra-
lion may decline to grant a certificate, may revoke certificate al-
ready granted where he is satisfied of the existence of the follow-
ing causes or any of them:

Where a money judgment has been entered against such
commission merchant and upon which execution has been re-
turned unsatisfied.

2.. Where false or improper charges have been imposed for
handling or for services rendered.

3. Where-there has been a failure to account promptly and
properly or where settlements have been made with intent to
defraud, where there has been a failure to comply with any of
the provisions or requirements of this act.

4. Where there have been any false or misleading state-
ments as to condition, quality or quantity of goods received or
held for sale on commission when the same might be known on
reasonable inspection.

Where there has been false or misleading statement or
statements as to market conditions with intent to deceive.

6. Where there has been combination or combinations to
fix prices.

7. Where the commission merchant directly or indirectly
purchases the goods for his own account without prior authority
in writing therefor from the consignor;: provided, however, this
shall not apply to tobacco warehousemen, when the consignor is
present in person at the sale of his tobacco, or represented by a
duly authorized agent.

8. When the certificate in this act shall have been revoked
in accordance with the provisions of this act, the commissioner of
agriculture and immigration shall publish in a daily paper to be
selected by him in the city of Richmond, Virginia, once a week
for two successive weeks, the fact of such revocation and the
cause therefor; and also in the next bulletin issued by the com-
missioner of agriculture.

Section 8. Any person, firm, exchange, association or corpo-
ration who shall receive or offer to receive, sell or offer to sell on
commission, within the State, any kind of farm produce without
a registered certificate, except as in this chapter permitted, or
any person, who being a commission merchant in farm produce
shall (a) impose false or improper charges for handling, or for
services in connection with farm produce, or (b) fail to account
for such farm produce promptly and properly and to make settle-
ment therefor, or 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 purchased for his or its own account, goods
received by him or it upon consignment without prior authority,
in writing therefor from the consignor; provided, however, this
shall not apply. to tobacco warehousemen, when the consignor is
present in person at the sale of his tobacco, or represented by a
duly authorized agent; or (f) any such person handling, ship-
ping, or selling farm produce who shall make false statements as
to grade, condition, markings, quality or quantity of goods
shipped, or packed in any manner, shall be guilty of a misde-
meanor and shall be subject to a fine of not less than twenty-
five dollars, or to exceed five hundred dollars, in the discretion
of the court; or jury trying the case.

2. An emergency now existing, this act shall be in force
from its passage.