written notice thereof to the Department of Trade and Commerce, who shall attach to the license his consent in writing to the removal. The Department of Trade and Commerce, for the purpose of discovering violations of this Act, may at any time and as often as it may desire, investigate the loans and business of every licensee; and for that purpose it shall have free access to the books, papers, records and vaults of such licensee, it shall also have authority to examine, under oath, all persons whomsoever whose testimony it may require relative to such loans or business. The licensee shall keep such books and records as in the opinion of the Department of Trade and Commerce will enable it to determine whether the provisions of this Act are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least one year after the making of any loan recorded therein. § 2. Every licensee licensed hereinunder may loan any sum of money, goods or things in action, not exceeding in amount or value the sum of three hundred dollars ($300), and may charge, contract for and receive thereon interest at a rate not to exceed three and one-half (32) per centum per month. Interest shall not be payable in advance or compounded and shall be computed on unpaid balances. In addition to the interest herein provided for, no further or other charge, or amount whatsoever for any examination, service, brokerage, commission, attorney fee (except for foreclosure or entry of judgment; and in no case shall a greater amount be allowed as attorney fee than as is evidenced by 10 per cent of the amount found to be due or other thing, shall be directly or indirectly charged, contracted for or received, except the lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing or recording in any public office any instrument securing the loan, which fees may be collected when the loan is made, or at any time thereafter. If interest or charges in excess of those permitted by this Act shall be charged, contracted for or received by any licensee, the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, interest or charges whatsoever. No person shall owe any license at any time more than three hundred dollars ($300) for principal. 3. Every licensee shall: Deliver to the borrower, at the time a loan is made, a state ment in the English language showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower, and of the licensee and the rate of interest charged. Upon such statement there shall be printed in English a copy of section 2 of this Act; Give to the borrower a plain and complete receipt for each payment made on account of any such loan at the time such payment is made; Upon repayment of the loan in full, mark indelibly every paper signed by the borrower with the word "Paid" or "Cancelled" and release any mortgage, restore any pledge, cancel and return any note, and cancel and return any assignment given by the borrower as security. No licensee shall take any power of attorney, except to acknowledge the execution of any instrument, or to confess judgment, provided that no attorney's fee for such confession shall be allowed; nor shall he take any note, promise to pay, or security that does not state the actual amount of the loan, the time for which it is made and the rate of interest charged, nor any instrument in which blanks are left to be filled after execution. § 4. No assignment of any salary or any wages, earned or to be earned, given to secure any loan made under this Act, shall be valid, unless in writing signed by the borrower; nor shall such assignment be valid unless given to secure an existing debt or one contracted simultaneously with its execution. Under such assignment or order for the payment of future salary or wages given as security for a loan made under this Act, a sum of fifty (50) per centum of the borrower's salary or wages shall be collectible [collectable] by the licensee from the time that a copy thereof, verified by the oath of the licensee, or his agent, together with a verified statement of the amount unpaid upon such loan, has been served upon the employer. § 5. Any person who shall, directly or indirectly, violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment of not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. § 5-a. This Act shall not apply to any person, co-partnership or corporation doing business under any law of this State, or of the United States relating to banks, trust companies, building and loan associations, or pawn brokers; or to wage loan corporations organized under "An Act to provide for the incorporation, management and regulation of wage loan corporations and to allow the loaning of money by such corporations, secured by the assignment of wages and limiting the rate of compensation to be paid," approved June 20, 1913, in force July 1, 1913. § 6. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. ITINERANT MERCHANTS-OLD SOLDIERS. (Hurd Ch. 24 § 651.) 1. That on and after the passage of this act all ex-Union soldiers and sailors, honorably discharged from the military or marine service of the United States, shall be permitted to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town, village, incorporated city or municipality within this State without a license: Provided, Said soldier or sailor is engaged in the vending, hawking and peddling of said goods, wares, fruits or merchandise for himself only. 2. Upon the presentation of his certificate of discharge to the clerk of any county, town, village, incorporated city or municipality in this State, and showing proofs of his identity as the person named n his certificate of honorable discharge, the clerk shall issue to said ex-Union soldier or sailor a license, but such license shall be free, and said clerk shall not collect or demand for the county, town, village, incorporated city or munícipality any fee therefor. Any clerk of any county, town, village, incorporated city or municipality in this State who shall violate any of the foregoing provisions of this act, by failing or refusing to comply with such provisions, as herein directed, shall be fined in a sum not less than ten dollars ($10) nor more than fifty dollars ($50), to which may be added imprisonment in the county jail not exceeding ten (10) days. ITINERANT VENDORS OF MERCHANDISE FRAUD IN SALES, ETC. (1911). 1. "Itinerant vendor" de- 3. fined-exemptions. 2. Advertising sale-application for license-statement under oath. 4. State and local license-municipal ordinances -money deposit-feelimitation. Applications for licenses under oath-contents- 5. Enforcement of Act 6. Prosecutions-expiration of State License-surrender-return of de posit. 7. Claims of creditors-how enforced. 8. Violations-penalties. 1. That the words "itinerant vendor" for the purposes of this Act shall mean and include all persons, both principals and agents, who engage in or conduct, in this State, either in one locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one place for a period of not more than one hundred and twenty days, and who, for the purpose of carrying on such business, use, lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise. The provisions of this Act shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sale of goods, wares and merchandise by sample for future delivery, nor to hawkers on the streets, or peddlers from vehicles, nor to any sale of goods, wares, or merchandise on the grounds of any agricultural society during the continuance of any annual fair held by such society. 2. An itinerant vendor shall not advertise, represent or hold forth the sale of goods, wares or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, wholesale, manufacturers' wholesale, or closing out sale, or as a sale of any goods damaged by smoke, fire, water, or otherwise, unless before so doing he shall state, under oath, to the Secretary of State, either in the original application for a State license or under a supplementary application subsequently filed and copied on the license, all the facts relating to the reasons and character of such special sale so advertised, held forth, or represented, including a statement of the names of the persons from whom the said goods, wares or merchandise were obtained, the date of delivery of the same to the person applying for the license, the place from which said goods, wares and merchandise were taken last, and all details necessary to exactly locate and fully identify all goods, wares and merchandise to be sold. 3. An itinerant vendor, whether principal or agent, before beginning business, shall take out a State and local license in the manner hereinafter set forth, but the right of municipal corporation to pass such additional ordinances relative to itinerant vendors as may be permissable under the general law, or under its charter, shall not be affected. Every itinerant vendor desiring to do business in this State, shall deposit with the Secretary of State the sum of five hundred dollars as a special deposit, and thereafter, upon application, in proper form, and the payment of a further sum of twenty-five dollars as a State license fee, such Secretary shall issue to him an itinerant vendor's license, authorizing him to do business in this State, in conformity with the provisions of this Act, for one year from date thereof. Such license shall set forth a copy of the application for which it was granted. The license shall not be transferable nor permit more than one person to sell goods as an itinerant vendor, neither by agent nor clerk, or in any other way than person, but any licensee may have the assistance of one or more persons who may aid him in conducting his business, but not act for him or without him. 4. Applications for licenses shall be sworn to, shall disclose the names and residences of the owners or persons in whose interest the business is conducted, to be kept on file by the Secretary of State, and a record shall be kept by him of all licenses issued upon such application. All files and records of the Secretary of State and the respective clerks or license collectors or municipal corporations shall be in a convenient form and open for public inspection. Before selling under a State license, an itinerant vendor shall exhibit to the clerk, license collector, mayor or other authorized officer of the municipal corporation, where he purposes to make sales, upon payment to such clerk, license collector, mayor or other authorized officer of further local license fees, as provided by ordinance, or in the absence of such ordinance, such amount to the clerk, license collector, mayor or other authorized officer determines, and the proof of payment of all such other license fees, legally chargeable upon local sales, the local officer shall record such State license, endorse upon it the words "local license fees paid," and affix his official signature with the date of such endorsement. He shall then issue a local license authorizing the sales within the limit of such city, town or village. Failure to obtain a local license and have proper endorsement made on the State license, shall be subject to a like penalty as if State license had not been issued. 5. The informing, or prosecuting officer in a municipal corporation shall enforce the provisions of this Act and prosecute violations thereof. Such officers may demand the production |