Chap. 379.—An ACT to amend and re-enact Section 1258 of the Code of Virginia,
as heretofore amended, relating to commission merchants. [H B 251]

Approved April 2, 1942

1. Be it enacted by the General Assembly of Virginia, That section
twelve hundred and fifty-eight of the Code of Virginia, as heretofore
amended, be amended and re-enacted, as follows:

Section 1258. Application for license—lIt shall be unlawful for
any person to act as, operate, or carry on the business of, a commission
merchant without first obtaining a license as herein provided. Application
for license hereunder shall be made to the commissioner in writing,
signed and sworn to by the applicant. Said application shall state the
name of the city or town where the business of commission merchant is
to be conducted, the street and number of the building if practicable, the
character of the products which will be handled by the applicant; and if
made by a co-partnership, the full names of each of the partners com-
prising the co-partnership, and their respective addresses, together with
the firm or trade name under which the business is to be conducted; and
if made by a corporation the application shall state whether domestic or
foreign, the amount of its capital stock, as provided in its articles of
incorporation, the amount of its capital stock fully paid in, and the names
of its officers, together with the name or names of such person or persons
authorized to receive and accept service of summons and legal notices of
all kinds for the applicant. Such applicant shall further satisfy, upon
demand, the commissioner of his or its character, responsibility and good
faith in seeking to carry on a commission merchant’s business within
this State.

All applications shall be accompanied by a license fee of ten ($10.00)
dollars, and a good and sufficient bond in the sum of three thousand
($3,000.00) dollars, when the average daily gross commission business
is five thousand ($5,000.00) dollars or less, with one thousand ($1,-
©00.00) dollars added to the bond for each additional five thousand
($5,000.00) dollars average daily gross commission business done for
previous year with maximum bond of ten thousand ($10,000.00) dollars,
which entitles the applicant to license to expire on December thirty-first,
next following. Upon the application accompanied by evidence of pay-
ment of renewal premium continuing the bond herein required in full
force and effect, and the payment of a fee of ten ($10.00) dollars on or
before the first day of January following the date of expiration of any
license hereunder issued, the applicant shall be entitled to renewal license
to expire one year from the date of expiration of the old license. All ap-
plications for renewal licenses shall be made in the same manner as appli-
cation for original license. All sums received by the commissioner for
such license fees shall be paid into the State treasury to be appropriated
solely for the purpose of carrying out the provisions of this law. Not-
withstanding the foregoing provisions of this section, no bond shall be
required hereunder of any person to conduct or operate any tobacco ware-
house or other similar place where dark or flue cured tobacco is sold at
auction by or through any duly licensed auctioneer.