Chapter 19. AGRICULTURE.

§1. Department of Agriculture.—There shall be a department of agriculture under the control and supervision of a commissioner of agriculture.(1911, c. 35, §1; Code 1923, c. 15D, §1.)

§2. Commissioner of Agriculture.—The commissioner of agriculture shall be elected by the qualified voters of the State at the same time and in the same manner as other state officers are elected, and shall hold office for a term of four years and until his successor is elected and qualified.

The commissioner shall be a practical farmer, learned in the science of agriculture, and shall have made agriculture his chief business for a period of ten years immediately preceding his election.(1911, c. 35, §§2, 3; Code 1923, c. 15D, §§2, 3.)

§3. Employees; Monthly Statement and Payment of Moneys Received by Commissioner.—The commissioner shall organize his department and may employ such assistants, agents, clerks, stenographers, chemists, analysts, botanists, microscopists, institute instructors, pomologists, entomologists, veterinarians and such other employees as may be necessary in the performance of the duties of his office and fix their compensation and may require them to give bond for the faithful performance of their duties.

It shall be the duty of the commissioner to certify to the auditor of this State, from time to time, an itemized account of all expenditures made by him for clerk hire and other purposes, whereupon the auditor shall draw his warrant on the treasurer of the State for the payment thereof out of the funds appropriated by the legislature for that purpose, but in no case to exceed such appropriation.

The commissioner shall, within ten days after the expiration of each month, submit to the auditor and treasurer an itemized statement of all moneys received by him during that month, and at the same time pay such money into the treasury of the State.(1911, c. 35, §7; Code 1923, c. 15D, §7.)

§4. Duties of Commissioner.—The commisioner of agriculture shall perform the following duties:

(a) Devise means of advancing the agricultural interests of the State, and, in the performance of such duty, he shall have authority to call upon any state department, or officer of the State or county, to cooperate with him in promoting the agricultural interests of the State. It shall be the duty of any such department, or officer, upon request of the commissioner, to render the assistance desired;

(b) Promote and encourage the organization of such societies and associations as have for their object the improvement and development of the State’s agricultural, horticultural and kindred interests, especially in production, a processing for market and distribution;

(c) Conduct cooperative work with the United States department of agriculture in inspecting and determining the grade and condition of farm produce at collecting centers, receiving centers and shipping points;

(d) Induce the investment of capital in, and immigration into, this State by the dissemination of information relative to the soil, climate, health, natural resources, market opportunities, and advantages of the State;

(e) Investigate and report upon the kinds, conditions and extent of the mineral products of the State and their value;

(f) Take charge of the museum of the department of agriculture, collect, preserve and exhibit therein specimens of agricultural, horticultural and kindred products, products of the forest, minerals, flora and fauna of the State;

(g) Publish and distribute from time to time such reports and bulletins concerning agriculture, horticulture and kindred subjects as may be of value to the farmers of the State, and, as conditions may demand, publish a handbook giving the resources of the several counties of the State, the varieties of soil and products, both mineral and vegetable, and the adaptability of the different sections of the State to the different branches of agriculture, horticulture and kindred interests;

(h) Submit a biennial report to the governor and legislature containing such information as to the operations of the department as may be helpful to the agricultural interests of the State, together with an itemized statement of all receipts and disbursements during the biennial period covered thereby, and giving the name of every person employed during such period, the time employed, and the amount paid each employee;

(i) Perform such other duties and exercise such other powers as are provided in this chapter and by general law.(1911, c. 35, §8; Code 1923, c. 15D, §8.)

§5. Cooperative Statistical Work.—The commissioner of agriculture is hereby authorized to conduct cooperative work with the United States department of agriculture in gathering and disseminating information concerning agriculture, and it shall be the duty of the commissioner of agriculture and the tax commissioner to prepare and supply to the several assessors of the State printed forms, books, blanks, papers and reports, which are hereby required to be printed by the state printer out of the printing fund of the State, to be used in the gathering of such agricultural and other statistics as the commissioner of agriculture may require.(1901, c. 25, §1; 1919 Ex. Sess., c. 11, §1; Code 1923, c. 15D, §8a.)

§6. Duty of Assessor to Gather Statistics.—Commencing on the first day of January of each year, the assessors shall proceed to gather such statistics as the commissioner of agriculture and the tax commissioner may require, and the printed books, forms, blanks, papers and reports when so completed shall be returned to the commissioner of agriculture, on or before the first day of July next ensuing.(1901, c. 25, §2; 1919 Ex. Sess., c. 11, §2; Code 1923, c. 15D, §8a.)

§7. Compensation to Assessor for Such Work.—The county court of each county may allow the assessor a reasonable compensation, not exceeding ten per cent of his salary, for such work as may be required of him under this article by the commissioner of agriculture, and no county court shall allow pay to assessors for performance of duties herein prescribed until such assessor has received a certificate that his reports are completed and satisfactory to said commissioner.(1901, c. 25, §3; 1919 Ex. Sess., c. 11, §3; Code 1923, c. 15D, §8a.)

§8. Penalty for Failure of Assessor to Perform Duties.—Any assessor failing to perform any of the duties required of him in this article shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than one hundred dollars.(1901, c. 25, §4; 1919 Ex. Sess., c. 11, §4; Code 1923, c. 15D, §8a.)

§9. Agricultural Advisory Board.—There shall be a state agriculture advisory board to consist of the governor, the commissioner of agriculture and the director of the agricultural extension division of West Virginia university, ex officio. It shall be the duty of the members of such board to meet together at the seat of government at least four times each year at regular intervals to consider the conditions and needs of the agricultural interests of the State, and how and in what manner the functions, powers and duties assigned by law to each department of agriculture may be most efficiently and economically administered for the benefit of the State so that there may be neither overlapping, duplication nor interference of, by or with the work of the one department with that of the other, and that the department best calculated to exercise and discharge certain powers, duties or functions be thereunto appointed and authorized, and that the other department shall desist from further activities in that behalf. The decision of any two members of such board shall be final, and the department against which such decision shall be shall cease all activities not in conformity with such decision, and the other department shall proceed to carry on the work in conformity therewith.(1923, c. 51.)

§1. Marketing; Supervision by Commissioner of Agriculture; Assistants.—The commissioner of agriculture is authorized to assist in the marketing and handling of products, and may appoint such assistants as he finds necessary to carry out the provisions of this article.(1917, c. 10, §1; Code 1925, c. 15D, §57.)

§2. Duties and Powers of Commissioner.—The commissioner of agriculture, cooperating with the bureau of markets of the federal department of agriculture, shall investigate the cost of food production and marketing in all its phases, hear complaints and suggestions, aid and assist in the organization of cooperative societies among producers and consumers for the purpose of promoting and conserving the interests of both, advise and assist in the location and establishment of local markets and assembling, grading and storage plants, whenever in his opinion public necessity or the welfare of the community requires such markets or plants, and, in the discharge of such duties, shall have the authority to take testimony, obtain evidence, issue subpoenas and compel the attendance of witnesses and the production of evidence. The commissioner shall have power to make rules and regulations, not contrary to law, for the grading, packing, handling, storage and sale of all food stuffs within the State, and to enforce the same through proper proceedings in any court having jurisdiction.

The commissioner shall have authority to investigate delays in the transportation of farm products, to cause to be initiated proper proceedings to prevent restraint of trade and unlawful combinations to fix prices on agricultural products, and to call upon all state and county officials for facts and statistics bearing upon the subject of agriculture; and it shall be the duty of such officials to supply, without delay, such information as may be in their possession, when requested under schedules provided by the commissioner. The commissioner may, when notified by producers that farm products produced within the State seem likely to spoil for lack of ready market, make such suggestions to such producers or take such steps as seem advisable for facilitating the sale thereof.(1917, c. 10, §§2, 8, 10; Code 1923, c. 15D, §§58, 64, 66.)

§3. Auction Markets.—The commissioner may cause auction markets to be established at such points in this State as he may deem advisable and for such purpose may lease premises. Any owner of farm products, either in person or by agent, may sell such products at such market or may consign the same to a licensed auctioneer for sale at such market in the manner hereinafter provided. Upon the establishment of such a market the commissioner shall cause a notice to be published, in such manner as he may deem proper, stating that such market has been established and that farm products may be sold at such market or may be consigned to a licensed auctioneer at such market for sale as hereinafter provided.

The commissioner shall have authority to make and enforce regulations, not inconsistent with law, for operating the facilities in such auction markets, leasing space therein and other wise regulating the management thereof.(1917, c. 10, §§3, 4; Code 1923, c. 15D, §§59, 60.)

§4. Auctioneers.—Upon the establishment of an auction market, the commissioner of agriculture may issue a license to such persons as qualify, as hereinafter provided, in the city, town or village in which such market is located, authorizing them to act as official auctioneers in the sale of such goods consigned to them. Such license may be issued upon written application to the commissioner, stating the full name of the person applying for such license, his address, and such other facts as to his character, responsibility and experience as the commissioner shall require. The issuance of such license shall be in the discretion of the commissioner and shall be without charge. The commissioner shall require a person licensed as an auctioneer pursuant to this section to execute and deliver to him a bond payable to the State of West Virginia, with satisfactory sureties, in such sum as the commissioner may determine, not less than one thousand dollars, conditioned for the faithful performance of his duties and the faithful accounting to consignors of all moneys to which such consignors may be entitled after the deduction of commissions and other expenses authorized by this article. Such auctioneers shall receive no compensation from the State but shall be entitled to charge commissions for the sale of farm products in accordance with the schedules adopted by the commissioner.(1917, c. 10, §4; Code 1923, c. 15D, §60.)

§5. Auctioneer’s Commissions.—The commissioner of agriculture shall adopt, and may from time to time amend, a schedule of commissions which a licensed auctioneer shall be authorized to charge for the sale of farm products at public auction at auction markets established under this article. Such commissions may vary according to the quality and character of the products.(1917, c. 10, §4; Code 1923, c. 15D, §60.)

§6. Commissions Paid to State.—Every shipper consigning farm products to a licensed auctioneer for sale at an auction market established under this article, in addition to the commission of such auctioneer, and every owner of farm products who sells the same at such market, unless such owner be the actual producer thereof, shall be charged a commission of three per cent of the gross amount received for such products which shall be paid into the state treasury.(1917, c. 10, §4; Code 1923, c. 15D, §60.)

§7. Inspection of Farm Products; Charges.—The commissioner shall have power to inspect and determine the grade and condition of farm products at the collecting centers, receiving centers and shipping points, and shall establish a schedule of charges for such inspection which shall be paid into the state treasury and expended for the support of the bureau of markets.(1917, c. 10, §§4, 5; Code 1923, c. 15D, §§60, 61.)

§8. Market Zones; Care of Products; Auction Sales.—The commissioner of agriculture may, in the establishment of an auction market, also prescribe the zone from which farm products may be consigned thereto. It shall be the duty of the commissioner to provide a proper place of storage for food products consigned to auction markets and he shall be responsible for the safeguarding thereof. Farm products so consigned to an auction market shall be received by the licensed auctioneer or auctioneers, who shall proceed to sell such products at public auction for the consignor at the best price obtainable therefor. If for any reason such an auctioneer be unable to sell it at auction at a satisfactory price, such unsold portion may be distributed and sold at private sale at the best price obtainable therefor. After any sale, the auctioneer shall deduct his commissions and other authorized charges and promptly transmit the balance to the consignor.(1917, c. 10, §6; Code 1923, c. 15D, §62.)

§9. Market Bulletins.—So far as may be practicable, the commissioner shall publish a daily bulletin, setting forth the quotations for which products have been sold for the preceding day in all the principal markets of the State, including the auction market, and also giving advice as to the available supplies of the principal farm products, and as to the demand in the several markets for local as well as foreign products. He shall from time to time prepare bulletins as to the most efficient methods of standardization, packing and transportation, and cause notice thereof to be distributed in such manner as he may determine. He shall also investigate the source of supply of food produce and prepare and publish lists of the names and addresses of producers and consignors and supply the same to persons applying therefor.(1917, c. 10, §7; Code 1923, c. 15D, §63.)

§10. Misconduct of Auctioneers; Penalties.—Any licensed auctioneer doing business at an auction market established under the provisions of this article, who shall impose false charges for handling or for services in connection with handling farm products, or fail to account for such farm products promptly and properly and to make settlements therefor, with intent to defraud, or make a false or misleading statement as to market conditions with intent to deceive, of directly or indirectly purchase for his own account goods received by him upon consignment, or make a false statement as to grade, conditions, markings, quality or quantity of goods shipped or packed in any manner with intent to deceive, or make any charge for commissions, or otherwise, in excess of those authorized by the commissioner of agriculture, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than one hundred dollars for the first offense, and not less than one hundred nor more than two hundred dollars for each subsequent offense, and, upon conviction for a second offense, the commissioner shall forthwith revoke the license granted to such auctioneer. Such auctioneer shall be liable on his official bond for any fines imposed pursuant to this section.(1917, c. 10, §9; Code 1923, c. 15D, §65.)

§1. Bond of Commission Merchant.—Every person who does the business of a commission merchant in this State, and as such handles on commission the products of farms committed to him for sale upon a commission, shall, before carrying on such business, execute, before the county court of the county in which he proposes to carry on such business, a bond in the penalty of at least one thousand dollars, conditioned for the true and faithful payment, to any and all persons for whom he may dispose of such products upon a commission, of the full amount for which he shall sell the same, less his commission, freight, drayage and other necessary expenses incurred in selling the same. Every such bond shall be made payable to the State of West Virginia, and filed and recorded in the clerk’s office of the court in which it is given.(1891, c. 90, §1; Code 1923, c. 100, §13a.)

§2. Suit on Bond.—Any person injured by failure of any such commission merchant to pay over to him the full amount of any sale of such products so committed to such commission merchant, less such commission and necessary expenses, may recover, by suit upon such bond, the amount due him from such merchant. Every such suit may be brought in the name of the State of West Virginia, for the use of any person injured, but no recovery shall be had on such bond beyond the penalty thereof.(1891, c. 90, §1; Code 1923, c. 100, §13a.)

§3. Failure to Give Bond; Penalty.—Any person who does any business herein named, without giving such bond as herein provided for, shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than one hundred nor more than five hundred dollars.(1891, c. 90, §1; Code 1923, c. 100, §13a.)

§1. Definitions.—The following words as used in this article, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings:

(a) “Agricultural products,” horticultural, viticultural, forestry, dairy, live stock, poultry, bee and any farm products, in their natural form or processed;

(b) “Member,” actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

(c) “Association,” any corporation organized under the provisions of this article. Such association shall be deemed nonprofit.(1921, c. 121; Code 1923, c. 15D, §110; 1923, c. 53, §2; 1927, c. 27, §1.)

§2. Who May Organize.—Five or more persons, a majority of whom are citizens of this State, engaged in the production of agricultural products, may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this article.(1921, c. 121; Code 1923, c. 15D, §111; 1923, c. 53, §3; 1927, c. 27, §2.)

§3. Purposes.—Any association may be organized to engage in any activity in connection with the marketing or selling of the agricultural products of its members or those purchased from other persons, or with the harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping or utilization thereof, or the manufacturing or marketing of the by-products thereof; or in connection with the manufacturing, selling or supplying to its members of machinery, equipment or supplies; or in securing and disseminating market information; or in the financing of the above enumerated activities; or in any one or more of the activities specified herein.(1921, c. 121; Code 1923, c. 15D, §112; 1923, c. 53, §4; 1927, c. 27, §3.)

§4. Powers.—Each association incorporated under this article shall have the following powers:

(a) To engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling or utilization of any agricultural products produced or delivered to it by its members or purchased or received by consignment from other persons, or the manufacturing or marketing of the by-products thereof; or any activity in connection with the purchase, hiring or use by its members of supplies, machinery or equipment; or in securing and disseminating market information; or in the financing of any such activities; or in any one or more of the activities specified in this section: Provided, however, That all transactions with nonmembers shall be on terms fixed by the association, and such nonmembers shall not otherwise participate in any benefits derived from such transactions;

(b) To borrow money without limitation as to amount of corporate indebtedness or liability, and to make advance payments and advances to members;

(c) To act as the agent or representative of any member or members in any of the above mentioned activities;

(d) To purchase or otherwise acquire, and to hold, own, and exercise all rights of ownership in, and to sell, transfer or pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing or handling or marketing of any of the products handled by the association;

(e) To establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the by-laws;

(f) To buy, hold and exercise all privileges of ownership over real or personal property as may be necessary or convenient for the conduct and operation of any of the business of the association, or incidental thereto;

(g) To establish, secure, own and develop patents, trade-marks and copyrights;

(h) To do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and, in addition, to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, and any other rights, powers and privileges granted by the laws of this State to ordinary corporations, except such as are inconsistent with the express provisions of this article; and to do any such thing anywhere.(1921, c. 121; Code 1923, c. 15D, §115; 1923, c. 53, §6; 1927, c. 27, §4.)

§5. Members.—Under the terms and conditions prescribed in the by-laws adopted by it, an association may admit as members, or issue common stock to, only persons engaged in the production or cooperative marketing of the agricultural products to be handled by or through the association, and/or members of credit associations financing such products, and any lessors and landlords who receive as rent all or any part of the crop raised on the leased premises.

If a member of a nonstock association be other than a natural person, such members may be represented by any individual, associate, officer or manager or member thereof, duly authorized in writing.

One association organized hereunder may be come a member or stockholder of any other association or associations organized under this article.(1921, c. 121; Code 1923, c. 15D, §116; 1923, c. 53, §7; 1927, c. 27, §5.)

§6. Articles of Incorporation.—Each association formed under this article must prepare and file articles of incorporation, setting forth:

(a) The name of the association;

(b) The purposes for which it is formed;

(c) The place where its principal business will be transacted;

(d) The period, if any prescribed, for the duration of the corporation;

(e) The number of directors thereof, which must be not less than five and may be any number in excess thereof, the term of office of such directors, and the names and addresses of those who are to serve as incorporating directors for the first term, and/or until the election and qualification of their successors;

(f) If organized without capital stock, whether the property rights and interest of each member be equal or unequal; and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed except by the written consent or vote of three-fourths of the members;

(g) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof.

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and definite extent of the preference and privileges granted to each.

The articles must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this State to take and certify acknowledgments of deeds and conveyances; and shall be filed in accordance with the provisions of the general corporation law of this State; and, when so filed, such articles of incorporation, or certified copies thereof, shall be received in all the courts of this State and other places as prima facie evidence of the facts contained therein and of the due incorporation of such association.

The secretary of state shall provide suitable application blanks and supply them on request.(1921, c. 121; Code 1923, c. 15D, §113; 1923, c. 53, §8; 1927, c. 27, §6.)

§7. Amendments to Articles of Incorporation.—The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of all the members of the association. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the provisions of the general corporation laws of this State.(1921, c. 121; Code 1923, c. 15D, §114; 1923, c. 53, §9; 1927, c. 27, §7.)

§8. By-Laws.—Each association incorporated under this article must, within thirty days after its incorporation, adopt for its government and management a code of by-laws, not inconsistent with the powers granted by this article. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such by-laws. Each association, under its by-laws, may provide for any or all of the following matters:

(a) The time, place and manner of calling and conducting its meetings;

(b) The number of stockholders or members constituting a quorum;

(c) The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effect of such votes;

(d) The number of directors constituting a quorum;

(e) The qualifications, compensation, duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof;

(f) Penalties for violation of the by-laws;

(g) The amount of entrance, organization and membership fees, if any; the manner and method of collecting the same; and the purposes a for which they may be used;

(h) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any,to be paid by each member or stockholder for ervices rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign;

(i) The number and qualifications of mem bers or stockholders of the association and the conditions precedent to membership or ownenship of common stock; the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and time when membership of any member shall cease; the automatic suspension of the rights of a member when he ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member’s interest, and provision for its purchase by the association, at its option, upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of his membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors, or, at the election of the board, such property interests may be sold at public auction to the association itself, or to any person eligible to membership in such association and the proceeds of such sale paid over to the personal representative of such deceased member, or to the member withdrawing or expelled, as the case may be.(1921, c. 121; Code 1923, c. 15D, §121; 1923, c. 53, §10; 1927, c. 27, §8.)

§9. General and Special Meetings.—In its by-laws, each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten per cent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes there of, shall be mailed to each member at least ten days prior to the meeting: Provided, however, That the by-laws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.(1923, c. 53, §11; 1927, c. 27, §9.)

§10. Directors.—The affairs of the association shall be managed by a board of not less than five directors, elected by the members or stockholders from their own number. The by-laws may provide that the territory in which the association has members shall be divided into districts and that the directors be elected according to such districts, either directly or by district delegates elected by the members in that district. In such a case the by-laws shall specify the number of directors to be elected by each district, the manner and the method of reapportioning the directors and of redistricting the territory covered by the association. The by-laws may provide that primary elections shall be held in each district to elect the directors apportioned to such districts and that the results of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association. The by-laws may provide that one or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one-fifth of the entire number of directors.

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee. No director, during the term of his office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association, or others, or differing from terms generally current in that district.

The by-laws may provide that no director, except the president and secretary, shall occupy any position in the association on regular salary or substantially full-time pay.

The by-laws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.

When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the by-laws provide for an election of directors by district. In such a case the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.(1921, c. 121; Code 1923, c. 15D, §123; 1923, c. 53, §12; 1927, c. 27, §10.)

§11. Officers.—The directors shall elect from their number a president and one or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one person. The treasurer may be a bank or any depository, and, as such, shall not be considered an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors.(1921, c. 121; Code 1923, c. 15D, §125; 1923, c. 53, §13; 1927, c. 27, §11.)

§12. Officers, Employees and Agents to be Bonded.—Every officer, employee and agent handling funds or negotiable instruments or property of or for any association created here under shall be required to execute and deliver adequate bonds for the faithful performance of his duties and obligations.(1921, c. 121; Code 1923, c. 15D, §125; 1923, c. 53, §14; 1927, c. 27, §12.)

§13. Stock; Membership Certificate; Voting; Liability; Limitations on Transfer and Ownership.—When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership.

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note; but such retention as security shall not affect the member’s right to vote.

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.

An association, in its by-laws, may limit the amount of common stock which one member may own. No member or stockholder shall be entitled to more than one vote, regardless of the number of shares of common stock owned by him.

Any association organized with stock under this article may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member or nonmember, and may be redeemable or recirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate. The by-laws shall prohibit the transfer of the common stock of the association to persons, or organizations, not engaged in the production or cooperative marketing of the agricultural products handled by the association, and/or members of credit associations financing such products; and such restrictions shall be printed upon every certificate of stock subject thereto.

The association may, at any time, as specified in the by-laws, except when the debts of the association exceed fifty per cent of the assets thereof, buy in or purchase its common stock at the book value thereof, as conclusively determined by the board of directors, and pay for it in cash within one year thereafter.(1921, c. 121; Code 1923, c. 15D, §§117, 118, 119; 1923, c. 53, §15; 1927, c. 27, §13.)

§14. Removal of Officer or Director.—Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five per cent of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against him shall have the same opportunity.

In case the by-laws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty per cent of the members residing in the district from which he was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the directors; and by a vote of the majority of the members of that district the director in question shall be removed from office.(1921, c. 121; Code 1923, c. 15D, §124; 1923, c. 53, §16; 1927, c. 27, §14.)

§15. Referendum.—Upon demand of one-third of the entire board of directors, made immediately and so recorded, at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.(1923, c. 53, §17; 1927, c. 27, §15.)

§16. Marketing Contract.—The association and its members may take and execute marketing contracts, requiring the members to sell, for any period of time, not over twenty years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded liens, to the association upon delivery, or at any other specified time if expressly and definitely agreed in such contract. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, including interest or dividends on stock, not exceeding eight per cent per annum, and reserves for retiring the stock, if any; and any other proper reserves; or any other deductions.(1921, c. 121; Code 1923, c. 15D, §122; 1923, c. 53, §18; 1927, c. 27, §16.)

§17. Remedies for Breach of Contract.—The by-laws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses and fees, in case the association shall prevail in any action brought by it upon the contract; and any such provisions shall be valid and enforceable in the courts of this State; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.

In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association may be entitled to a temporary restraining order and preliminary injunction against the member. In any action upon such marketing agreement, it shall be presumed as between the parties that the landowner, landlord or lessor claiming therein so to be is able to control the delivery of products produced on his land by tenants or others, whose tenancy or possession or work on such land or the terms of whose tenancy or possession or labor thereon were created or changed after execution by the land owner, landlord or lessor of such marketing agreement; and in such actions the foregoing remedies for nondelivery or breach shall lie and be enforceable against such landowner, land lord or lessor.(1921, c. 121; Code 1923, c. 15D, §122; 1923, c. 53, §19; 1927, c. 27, §17.)

§18. Purchasing Business of Other Associations, Persons, Firms or Corporations.—Whenever an association, organized under this article with preferred capital stock, shall purchase the stock or any property, or any interest in any property, of any person, firm or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.(1923, c. 53, §20; 1927, c. 27, §18.)

§19. Annual Reports.—Each association formed under this article shall prepare an annual report on forms to be furnished by the dean of the college of agriculture at Morgantown, containing the name of the association, its principal place of business, and a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders, if a stock association, or the number of members, if a nonstock association; and file one copy of such report with such dean as information for the sole use of such college, and one copy in the office of the secretary of the association, and the latter copy shall be open to inspection by members of the association at all times during office hours.(1921, c. 121; Code 1923, c. 15D, §127; 1923, c. 53, §21; 1927, c. 27, §19.)

§20. Conflicting Laws Not to Apply; Exemptions.—Any provisions of law which are in conflict with this article shall be construed as not applying to the association herein provided for.

Any exemptions whatsoever under any and all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association.(1923, c. 53, §22; 1927, c. 27, §20.)

§21. Limitation of the Use of Term “Cooperative”.—No person, firm, corporation or association, hereafter organized or hereafter applying to do business in this State as a farmers’ marketing association for the sale of farm products, shall be entitled to use the word “cooperative” as part of its corporate or other business name or title, unless it has complied with the provisions of this article.(1923, c. 53, §23; 1927, c. 27, §21.)

§22. Interest in Other Corporations or Associations.—An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, financing, handling, shipping, utilizing, manufacturing, marketing or selling the agricultural products handled by the association, or the by-products thereof.

If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person, and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented thereby. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.(1923, c. 53, §24; 1927, c. 27, §22.)

§23. Contracts and Agreements With Other Associations.—Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two or more associations may by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means and agendas for carrying on and conducting their respective business.(1923, c. 53, ; §25; 1927, c. 27, §23.)

§24. Rights aid Remedies Apply to Similar Associations of Other States.—Any corporation or association heretofore or hereafter organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this State upon compliance with the general regulations applicable to foreign corporations desiring to do business in this State, and all contracts made by or with such associations, which could be made by any association incorporated hereunder, shall be legal and valid and enforceable in this State with all of the remedies set forth in this article.(1923, c. 53, §26; 1927, c. 27, §24.)

§25. Associations Heretofore Organized May Adopt Provisions of Article.—Any corporation or association organized in this State under previously existing statutes may, by a majority vote of its stockholders or members, be brought under the provisions of this article by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors to the effect that the corporation or association has, by a majority vote of the stockholders or members, decided to accept the benefits and be bound by the provisions of this article and has authorized all changes accordingly. Articles of incorporation shall be filed as required in section six, except that they shall be signed by the members of the then board of a directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.

Where any association may be incorporated under this article, all contracts made prior to April eighteenth, nineteen hundred and twenty-three, by or on behalf of such association by the promoters thereof in anticipation of its becoming incorporated under the laws of this State, whether or not such contracts be made by or in the name of some corporation organized else where, and when they would have been valid if entered into subsequent to such date, shall be held valid as if made after such date.(1923, c. 53, §27; 1927, c. 27, §25.)

§26. False Reports About Finances or Management of Cooperative Associations; Penalty.—Any person who maliciously and knowingly spreads false reports about the finances or management or activity of any cooperative association shall be guilty of a misdemeanor, and, upon conviction thereof, fined not less than one hundred nor more than one thousand dollars for each offense; and shall be liable to the association aggrieved in a civil action for damages therefor.(1923, c. 53, §28; 1927, c. 27, §26.)

§27. Liability as to Delivery of Products in Violation of Marketing Agreements.—Any person who solicits, persuades or permits any member of any association organized hereunder to breach his marketing contract with the association or one association with another, by accepting or receiving such member’s products for sale or for auction or for display for sale, contrary to the terms of any marketing agreement of which such person has knowledge or notice, shall be liable to the association aggrieved in a civil suit for damages therefor. Courts of equity shall have jurisdiction to enjoin further breaches of such contract.(1923, c. 53, §29; 1927, c. 27, §27.)

§28. Associations Are Not in Restraint of Trade.—No association organized under this article and complying with the terms thereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this article be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.(1923, c. 53, §30; 1927, c. 27, §28.)

§29. Application of General Corporation Laws.—The provisions of the general corporation laws of this State and all powers and rights thereunder shall apply to the associations organized under this article, except where such provisions are in conflict with or inconsistent with the express provisions of this article.(1923, c. 53, §32; 1927, c. 27, §29.)

§30. Constitutionality.—If any section of this article shall be declared unconstitutional for any reason, the remainder of this article shall not be affected thereby.(1923, c. 53, §31; 1927, c. 27, §30.)

§1. Standard Grades for Closed Packages of Fruits and Vegetables.—The commissioner of agriculture shall establish and promulgate from time to time official standard grades for all closed packages of fruits and vegetables, by which the quantity, quality and size may be determined, and prescribe and promulgate rules and regulations governing the markings which shall be required upon packages of fruits and vegetables for the purpose of showing the name and address of the producer or packer, the variety, quantity, quality and size of the product.

It is the intent of this article that the commissioner of agriculture of West Virginia shall promulgate all United States standard grades for fruits and vegetables, and, after consulting with the president of the state horticultural society and a committee of five fruit and vegetable growers appointed by the president of said society, such committee to be made up of growers from the various fruit arid vegetable producing sections of the State, shall, with their advice and consent, establish such other grades within this State as in their judgment may be advisable.(1929, c. 46, §1.)

§2. Markings on Packages.—Whenever such standards for the grade or other classification of fruits and vegetables under this article becomes effective, every closed package containing fruits or vegetables grown and packed in this State and sold, offered or exposed for sale, or packed for sale or transported for sale, by any person, firm, organization or corporation, shall bear conspicuously upon the outside thereof, in plain words and figures, such markings as are prescribed by the commissioner of agriculture of West Virginia under the provisions of this article.(1929, c. 46, §2.)

§3. Enforcement of Article.—The commissioner of agriculture of West Virginia shall be charged with the enforcement of the provisions of this article, and for that purpose shall have power:

(a) To enter and inspect personally, or through any authorized agent, every place with in this State where fruits or vegetables are produced, packed, or stored for sale, shipped, delivered for shipment, offered for sale, or sold; and to inspect such places and all fruit or vegetable containers and equipment found in any such place;

(b) To appoint, superintend, control and discharge such inspectors and subordinate inspectors as in his discretion may be deemed to be necessary, for the special purpose of enforcing the terms of this article, to prescribe their duties and fix their compensation;

(c) Personally, or through any authorized agent or any such inspector, to forbid the movement of any closed package or packages of fruits or vegetables found to be in violation of any of the provisions of this article which have not been actually accepted by a common carrier for shipment in interstate traffic, and to require the same to be repacked or remarked. A carload of fruits or vegetables shall not be considered as actually accepted by a common carrier for shipment until the loading is finished, the car sealed and the bill of lading issued;

(d ) To cause to be instituted through the prosecuting attorney of any county of this State, in any court of competent jurisdiction or before any justice of the peace of such county, in which fruits or vegetables are packed, shipped, delivered for shipment, offered for sale or sold, or may be found, in violation of any of the provisions of this article, prosecutions for such violations.(1929, c. 46, §3.)

§4. When Fruits or Vegetables Deemed Offered or Exposed for Sale.—When fruits or vegetables in closed packages are delivered to a railroad station or a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be prima facie evidence that the fruits or vegetables are offered or exposed for sale, except in movement of unpacked and unlabeled fruits or vegetables for the purpose of repacking.(1929, c. 46, §4.)

§5. Offenses; Penalties.—Any person, firm, organization or corporation, who shall, violate any of the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars for each offense.(1929, c. 46, §5.)

§6. Exemption From Prosecution.—No person, firm, organization or corporation shall be prosecuted under the provisions of this article:

(a) When he or it can establish by satisfactory evidence that he or it was not a party to the packing, grading or marking of such fruits or vegetables;

(b) When he or it can establish that the fruits or vegetables offered for sale have passed inspection by an authorized inspector of this State and bear the official West Virginia inspection stamp, or by an inspector of the United States department of agriculture and found to be packed in accordance with the requirements of the commissioner of agriculture of West Virginia.(1929, c. 46, §6.)

§7. Certificates of Inspectors as Prima Facie Evidence.—All certificates issued by inspectors in compliance with the regulations of the secretary of agriculture of the United States governing the inspection of fruits and vegetables pursuant to the act making appropriations for the United States department of agriculture, or pursuant to this article, shall be admissible as prima facie evidence in all courts of this State.(1929, c. 46, §7.)

§8. Provisions of Article Separable.—If any section, subdivision, sentence, clause or phrase of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.(1929, c. 46, §8.)

§1. Demonstration Fruit Packing House.—The demonstration community packing house, heretofore created and established at Inwood, in Berkeley county, West Virginia, shall continue to be operated under the direction and supervision of the extension division of the college of agriculture of the West Virginia university, for the purpose of demonstrating the most approved methods of picking, sorting, packing, warehousing and storing apples, peaches and other similar fruit, and for the purpose of teaching any citizen of this State approved methods of picking, sorting and packing such fruit in barrels, boxes and other containers, and of warehousing and storing the same.(1919, c. 19, §1; Code 1923, c. 15D, §96a.)

§2. Demonstration Poultry and Egg Packing Plant.—The demonstration community poultry and egg packing plant, heretofore created and established at Parkersburg, in Wood county, West Virginia, shall continue to be operated under the direction and supervision of the extension division of the college of agriculture of the West Virginia university, for the purpose of demonstrating the most approved methods of marketing, handling and storing poultry and poultry products, and for the purpose of teaching any citizen of West Virginia approved methods of marketing, grading, candling and packing eggs and of feeding, killing and dressing poultry.(1927, c. 61.)

§3. Demonstration Garden Products Plant.—The demonstration garden products plant, the establishment of which was heretofore authorized by law, shall be continued for the purpose of teaching any citizen of West Virginia, by the demonstration method, how vegetables, berries, fruits or other garden products may be sorted, graded, processed or marketed under methods conforming to consumer demands and economically profitable to the producers. It shall be the duty of the extension division of the college of agriculture of the West Virginia university to select a location for the aforesaid demonstration plant, and after the necessary buildings and equipment shall have been provided, the demonstration shall be administered under the direction and supervision of said extension division of the college of agriculture.(1929, c. 47.)

§4. Buildings and Equipment.—It shall be the duty of the state board of control to provide necessary buildings and equipment for suitably conducting each of the demonstration plants mentioned in this article.(1919, c. 19, §1; Code 1923, c. 15D, §96a; 1927, c. 61, §2; 1929, c. 47, §2.)

§1. Amount of State Aid.—For the purpose of encouraging agriculture, any incorporated agricultural association conforming to the requirements of this article shall receive from the State of West Virginia an annual sum, not exceeding ten thousand dollars, equal to the amount paid by such association as premiums for exhibits of agriculture, horticulture, flora culture, live stock and home economics at its annual exhibition.(1921, c. 122, §1; Code 1923, c. 15D, §128.)

§2. State Aid Where More Than One Fair in County.—In case there is more than one association holding annual exhibitions in a county and eligible to receive the benefits of this article, such associations shall be entitled to receive from the State a sum, not exceeding in the aggregate ten thousand dollars, to be apportioned among such associations according to the amount of premiums paid for such exhibits as are mentioned in the preceding section, at the annual exhibition of such associations.(1921, c. 122, §2; Code 1923, c. 15D, §129.)

§3. Annual Fairs Required.—No incorporated agricultural association shall be entitled to the benefits of this article unless it shall hold an annual exhibition in the interest of stock raising, grain, poultry, handiwork, dairy products, fruit and vegetable growing, and the like, and unless such exhibition shall continue at least three successive days, and unless premiums shall be paid on the exhibitions aforesaid.(1921, c. 122, §3; Code 1923, c. 15D, §130.)

§4. When Fairs Entitled to State Aid.—Agricultural associations shall have the benefit of this article only after they shall have held annual exhibitions of the character designated by this article for three consecutive years next prior to the year such association applies for such benefits, but incorporated agricultural associations purchasing or leasing the grounds and buildings of an association entitled to the benefits of this article shall also be entitled to such benefits.(1921, c. 122, §4; Code 1923, c. 15D, §131.)

§5. Fair Premium List.—Any agricultural association claiming the benefits of this article shall, each year, file with the state department of agriculture a copy of its annual premium list, not later than one month before the opening of its exhibition, and the department of agriculture shall have the right to inspect and supervise all exhibits of such exhibition.(1921, c. 122, §5; Code 1923, c. 15D, §132.)

§6. Annual Fair Report.—On or before the fifteenth day of November in each year an association applying for the benefits of this article shall file with the secretary of state a statement, sworn to by its president and attested by its secretary, with its corporate seal attached, setting forth the name of the corporation, the time and place of the exhibition, and the amount of premiums actually paid, giving the names and addresses of the persons to whom such premiums were paid, and in what class, kind, and department.(1921, c. 122, §6; Code 1923, c. 15D, §133.)

§7. Payment of State Aid.—Payments to incorporated agricultural associations under the provisions of this article shall be made out of the state treasury on or before the first day of December of the year in which the exhibition is held, and after the statement provided for in section six has been filed.(1921, c. 122, §7; Code 1923, c. 15D, §134.)

§8. Gaming or Immoral Shows Prohibited; Forfeiture of Right to State Aid.—No incorporated agricultural association which is the recipient of state aid under this article shall operate or permit to be operated in conjunction with the fair any gambling device or any in decent or immoral show. Any association violating the provisions of this section shall thereby forfeit all right to state aid for a period of three years. This section, however, shall not be so construed as to prevent horse racing or horse shows at any fair receiving state aid.(1921, c. 122, §8; Code 1923, c. 15D, §135.)

§1. County Farm Bureau; Memorandum of Agreement for County Agent; Employment; Salary and Expenses.—Not fewer than one hundred and fifty farmers of any county may unite to form, and thereafter maintain in such county, a farm bureau. Every such farm bureau shall adopt by-laws and annually choose an executive committee for its government and control, to consist of not less than one member from each magisterial district of the county. Any farm bureau in existence when this Code takes effect shall continue as such, upon complying with the provisions of this paragraph.

Such farm bureau may, on or before the first day of July of each year, file with the county court a written memorandum of understanding or agreement with the extension division of the college of agriculture of West Virginia university, in which the said extension division agrees to provide a fixed part of the salary of a county agent or agents for such county for the next succeeding fiscal year.

If such agreement is so filed, the county court of such county shall, annually, on or before the first day of July, employ such county agent or agents as may be nominated by said extension division and approved in writing by at least two-thirds of all the members of the executive committee of such farm bureau; and such county court is hereby authorized to and shall levy for, or appropriate from the general fund, an amount not to exceed one and one-half cents on each one hundred dollars of assessed valuation of taxable property in such county for the payment of a part of the salary and expenses of such county agent or agents for that year.(1915, c. 89; 1920, c. 120; Code 1923, c. 39, §28.)

§2. Appropriations to Be Expended in Conformity to “Smith-Lever Act”.—All moneys levied or appropriated by the county court under this article shall be expended upon orders of such court as other county funds are expended and a duplicate of all salary vouchers and expense accounts shall be filed with the agricultural extension division of the West Virginia university in such form as will comply with the provisions of the act of congress approved May eighth, nineteen hundred and fourteen, known as the “Smith-Lever Act,” or any act of congress amendatory thereof or supplementary thereto, but no part of any money so appropriated shall be used to compensate any representative of the West Virginia university or any other person, except the persons employed under of this article.(1915, c. 89; 1920, c. 120; Code 1923, c. 39, §28.)

§3. Duties of Agent; Extension Department to Cooperate.—It shall be the duty of any person so employed as county agent to encourage demonstrations of improved methods on the farm and in the home and to give free advice and practical instruction in agriculture and home economics in such county, in cooperation with and under the supervision of the agricultural extension division of the West Virginia university. It shall be the duty of the agricultural extension division to cooperate with each county court appropriating money under this article.(1915, c. 89; 1920, c. 120; Code 1923, c. 39, §28.)

§4. County Courts of Adjoining Counties May Cooperate.—Any county court may cooperate with the county court of one or more adjoining counties in carrying out the purposes of this article.(1915, c. 89; 1920, c. 120; Code 1923, c. 39, §28.)

§1. Definitions.—The following words, as a used in this article, or in any rule or regulation authorized thereunder, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings:

(a) “Commissioner,” the state commissioner of agriculture;

(b) “Animal,” any domestic equine or bovine animal, sheep, goat, swine, dog, cat or poultry;

(c) “Owner,” any person who owns, leases or hires any domestic animal from another, or who allows a domestic animal habitually to remain about the premises inhabited by such person;

(d) “Premises,” is to be taken in its widest sense, and shall include land, any structure, building, pen, coop or inclosure thereon, and any vehicle, car or vessel used in transporting passengers, goods or animals by land or water;

(e) “Communicable disease,” glanders, anthrax, blackleg or black quarter; contagious pleuropneumonia, or lung plague of cattle; rinderpest or cattle plague; hemorrhagic septicemia; foot and mouth disease, or aphthous fever of cattle; southern cattle fever, or Texas fever, Johne’s disease; contagious abortion; sheep scab, mange of cattle or horses; hog cholera and swine plague; fowl cholera, avian tuberculosis; rabies, or hydrophobia; maladie du coit, or dourine, of horses; tuberculosis of domestic animals; or any other disease which has been or may hereafter be adjudged and proclaimed byt he commissioner or the bureau of animal industry of the United States department of agriculture to be contagious, infectious or otherwise transmissible or communicable.(1915, c. 13, §§1, 2, 6; Code 1923, c. 15D, §§9, 10, 13.)

§2. Duties and Powers of Commissioner.—It shall be the duty of the commissioner, and he shall have authority:

(a) To prevent, suppress, control and eradicate any communicable diseases of animals or poultry;

(b) To make and enforce such rules and regulations as may be necessary to effectuate the provisions of this article;

(c) To collect and disseminate information and statistics by means of circulars and bulletins on the prevalence and control of animal and poultry diseases and their treatment, the proper care and sanitation of stables and other buildings, so as to prevent the existence and spread of communicable diseases among such animals and poultry, and such other information relative thereto as will be of value to the stock industry of the State;

(d) To make or cause to be made any investigations he may deem advisable regarding the causes and methods of preventing, controlling and eradicating diseases of animals or poultry, and exercise such other powers and perform such other duties as may be proper or necessary to prevent the spread of, eradicate or control any communicable disease among animals or poultry;

(e) To prohibit the importation into this State of animals and poultry, when necessary to prevent the spread of diseases;

(f) To cause general or special quarantine of premises and of animals and poultry to be established and maintained;

(g) To cause the disinfection of any premises;

(h) To cause the destruction of diseased animals, when such animals are deemed diseased as a result of physical examination or an approved test, and of infected personal property, and to regulate and prohibit the moving or transportation of such animals or property from one place to another in this State;

(i) To have charge of the enforcement of the provisions of this article and the laws of the State relating to diseases of animals and poultry, and the manufacture, preparation, storage, sale and offering for sale of the food and food products derived from diseased animals and poultry.(1915, c. 13, §§2, 3, 26; 1919, c. 104, §3; Code 1923, c. 15D, §§10, 11, 28.)

§3. Consulting Veterinarians in Aid of Commissioner.—The commissioner shall have authority to appoint, subject to dismissal by him at any time, such consulting veterinarians as may be necessary from time to time to assist him in discharging the duties imposed upon him by this article. Each consulting veterinarian shall be registered as required by article ten, chapter thirty of this Code, and shall receive a per diem, not exceeding ten dollars, and actual expenses, to be determined by the commissioner, for the time actually engaged in carrying out the directions of the commissioner, which per diem and expenses shall be paid out of the current appropriation made for the enforcement of this article.

Whenever any incorporated city of this State shall have in its employ any veterinary sanitary officer engaged in the inspection of meat, milk or animals, and such officer is a registered veterinarian as aforesaid, the commissioner may appoint such city veterinary sanitary officer a consulting veterinarian, but such officer shall not be. entitled to compensation or expenses from both the State and city for the same service.(1915, c. 13, §§3, 4; 1919, c. 104, §3; Code 1923, c. 15D, §11.)

§4. Inspectors of Animals; Appointment; Fees; Duties.—The commissioner may appoint, at different points in the State, inspectors to examine and inspect any of the animals enumerated in this article which are to be moved to states where the sanitary laws require such examination and inspection, with authority to issue certificates of inspection in the name of the state department of agriculture in such form as the commissioner may prescribe. Such inspectors shall be registered veterinarians, and the appointment of any such inspector may, at any time, be revoked by the commissioner.

The commissioner shall regulate and fix the fees to be charged by the inspector, which fees shall be paid by the owner requesting such examination and inspection, and the inspector shall receive no compensation from the State for any such service he may render.

Upon the request of any owner for an examination and inspection of such animals and tender of the fees authorized to be charged therefor, it shall be the duty of the inspector to examine and inspect such animals and to issue and deliver to such owner a certificate of inspection showing the results of such examination and inspection.(1915, c. 13, §4; Code 1923, c. 15D, §11.)

§5. Entry on Premises; Powers of Enforcement Officers; Duty of Other Officers to Assist.—The commissioner, the consulting veterinarians, and their duly appointed and authorized assistants or employees, in the performance of their duties under this article and the rules and regulations adopted by the commissioner, shall have the power to enter any premises, public or private, where they have reason to believe that diseased animals or poultry may be or may have been confined or kept in or on such premises, or for the purpose of making such examination or applying such tests as may be necessary to determine whether any contagious or infectious disease exists there. They shall have the same powers and protection as other peace officers of this State, and shall have power and authority to require all sheriffs and their deputies, constables, mayors of cities and towns, and state and municipal police officers, to assist them in carrying out the provisions of this article and the rules and regulations adopted thereunder. Any officer who fails or refuse to enforce the lawful orders and quarantine of the commissioner or any one acting under him, in the proper execution of the powers conferred by this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars.(1915, c. 13, §5; Code 1923, c. 15D, §12.)

§6. Report of Communicable Diseases by Veterinarians and Owners; Penalty for Failure.—Every veterinarian engaged in the practice of his profession in this State, immediately upon receiving information thereof, shall report to the commissioner each case of any communicable disease, or of any animal reacting to a tuberculosis or mallein test; and every person who has upon his premises or in his possession any domestic animal which is, or which he has good reason to suspect to be, infected with any communicable disease, shall immediately report the same to the commissioner. The reports shall be in writing and shall include a description of each animal affected, with the name and address of the owner or person in charge of the animal, the locality, and the number of susceptible domestic animals that have been exposed to the disease.

Any veterinarian or other person who shall knowingly fail to report such a case or who shall attempt to conceal the existence of such disease shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.(1915, c. 13, §6; Code 1923, c. 15D, §13.)

§7. Commissioner May Accept Federal Law and Regulations.—The commissioner shall have authority to accept on behalf of the State the laws, rules and regulations of the United States bureau of animal industry for the prevention, control and eradication of communicable diseases among animals and poultry.(1915, c. 13, §26; Code 1923, c. 15D, §28.)

§8. Powers of Federal Inspectors.—The inspectors of the bureau of animal industry of the United States shall have the right to inspect, quarantine and condemn animals infected with any communicable disease, or suspected to be so infected, or that have been exposed to any such disease, and for these purposes are hereby authorized and empowered to enter upon any ground or premises. Such inspectors shall have power and authority to require sheriffs, constables or peace officers to assist them in the discharge of their duties in carrying out the provisions of the acts of congress, approved May twenty-ninth, eighteen hundred and eighty-four, establishing the bureau of animal industry, and all acts amendatory thereof, and shall have the same powers and protection as peace officers while engaged in the discharge of their duties.(1891, c. 59; Code 1923, c. 15D, §29.)

§9. County Court May Cooperate in Control and Eradication of Communicable Diseases.—The county court of any county is hereby authorized to cooperate with the commissioner of agriculture and the United States department of agriculture, in the control and eradication of bovine tuberculosis, or any other communicable disease of live stock, and in creating modified accredited free areas, and all expenses incurred by such county through this cooperative agreement shall be paid out of the county treasury as other claims against the county.(1925, c. 82, §1.)

§10. Commissioner May Prescribe Tests for Diseases.—The commissioner may prescribe methods of making tests with tuberculin, mallein or other recognized tests for the diagnosis of animal diseases.(1915, c. 13, §20; Code 1923, c. 15D, §25.)

§11. Reports of Sales of and Tests With Diagnostic Materials.—Every sale in this State of a biological product intended for diagnostic or therapeutic purposes with animals, and each injection or test made therewith, shall be reported in writing to the commissioner within one week after such sale or test. Each such report shall be signed by the person who made the sale or test. In the case of a sale, the report shall state the name of the purchaser of the biological product, with the amount sold, and the date of sale. In the case of a test, the report shall state the name and address of the owner of the animal tested or treated, the locality where such test or treatment was made, a description of the animal or animals tested or treated, and a complete statement of the actual result of such test or treatment. Any person whose duty it is to make such report, who shall fail or refuse to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars.(1915, c. 13, §21; Code 1923, c. 15D, §26.)

§12. Unlawful Sale of Diagnostic Materials.—It shall be unlawful for any person to manufacture for sale, or sell or offer for sale, any biological product intended for diagnostic or therapeutic purposes with animals unless such product is officially approved by the bureau of animal industry of the United States.(1915, c. 13, §22; Code 1923, c. 15D, §26.)

§13. Quarantine of Animals; General and Special Quarantine Defined.—Whenever any communicable disease shall exist anywhere in the State a quarantine of any locality or premises, or of any infected or exposed animals, may be established.

Quarantine shall be of two kinds:

(a) “Special quarantine,” which shall mean a quarantine of a single animal; or a quarantine of a single building, structure, pen, coop, car, vessel, vehicle, field or inclosure; or a quarantine of any number of animals when confined or contained in the same building, structure, pen, coop, car, vessel, vehicle, field or inclosure;

(b) “General quarantine,” which shall include all quarantines not included under the term “special quarantine” as herein defined.(1915, c. 13, §10; Code 1923, c. 15D, §17.)

§14. Establishment of Special Quarantine.—The commissioner or his authorized agent shall have the power to establish and maintain a special quarantine, whenever any domestic animal shall be affected with or exposed to any communicable disease, or whenever he deems it necessary to have any animal examined or tested. When a special quarantine is established, the commissioner, or his agent, shall post on the building, structure, pen, coop, car, vessel, vehicle, field, or inclosure, wherein the animal or animals quarantined are confined or contained, a notice declaring the quarantine and the duration thereof, and containing a description of the animal or animals and of the premises where quarantined. Such quarantine may continue for such time as the commissioner, or his agent, may deem advisable.(1915, c. 13, §10; Code 1923, c. 15D, §17.)

§15. Establishment of General Quarantine.—A general quarantine may be established and maintained whenever any communicable disease of domestic animals shall exist in any locality in the State larger in extent than that which may be included in a special quarantine. A general quarantine shall be established and maintained by order of the commissioner only; but in establishing and maintaining such quarantine the commissioner may act through and by an officer or agent employed by him, to whom such power is delegated, and the establishment and maintenance of such quarantine by any officer, agent or employee of the commissioner shall be prima facie the establishment and maintenance of quarantine by the commissioner. Such quarantine shall include such premises, locality or territorial district, and such animals, and shall continue for such time, as may be deemed necessary by the commissioner. Whenever any premises or any locality or territorial district shall be placed under a general quarantine, it shall be the duty of the officer, agent or employee by whom the order of quarantine is executed, to post at least ten notices in the most public places within the premises, locality or territorial district quarantined, declaring the quarantine and the duration thereof, the extent and limits of the premises, locality, or territorial district so quarantined, and the animals subject thereto. A copy of such notice shall be published in one issue of a newspaper published within such quarantined area; or if there be no such newspaper, then in a newspaper circulating generally within such area. If the quarantine shall be for the purpose of preventing the spread of rabies or hydrophobia, and in the case of other communicable diseases, if the commissioner deems such action necessary, the notice shall require all dogs within the quarantined area to be confined by their owners.(1915, c. 13, §10; Code 1923, c. 15D, §17.)

§16. Unlawful to Remove, Deface or Destroy Quarantine Notice.—It shall be unlawful for any person, during the continuance of any quarantine, to tear down, deface or destroy any notice of quarantine posted by any officer, agent, or employee of the commissioner, or to remove or destroy any portion of a building or tree or fence whereon the same shall have been posted.(1915, c. 13, §12; Code 1923, c. 15D, §18.)

§17. Care of Quarantined Animals; Expense.—The owner of animals placed in quarantine by the commissioner or his agents shall provide suitable quarters for them and feed and water them. If he fails or refuses to do so, the commissioner or his agents shall provide such quarters and feed and water such animals at the expense of the owner. If such expense shall not be paid within ten days after the lifting of the quarantine, the commissioner may sell or cause to be sold any such animal, at public sale, after ten days’ notice thereof, and shall apply the proceeds of such sale, first to the payment of the costs and expenses aforesaid, and the residue to the owner. No animal shall be removed from a quarantined area prior to such sale, except upon payment of such expense.(1915, c. 13, §14; Code 1923, c. 15D, §19.)

§18. Violation of or Interference With Quarantine; Running at Large of Dogs in Quarantined Area.—After the establishment of any quarantine authorized by this article, and the posting of the notices required by law, it shall be unlawful for any person, during the continuance of such quarantine, without a special permit in writing from the commissioner, to remove any animal from or to any premises within the limits of the quarantine, or to remove from any quarantined area or premises any hay, straw, grain, fodder, or other food, or to remove any coop, car, wagon, vehicle, vessel or premises so quarantined, or to sell, exchange, give away, lease, lend or remove, or allow to be removed, any quarantined domestic animal or animals. It shall be unlawful, during the continuance of such quarantine, after notice as aforesaid, for the owner of any dog to permit such dog to run at large in any such quarantined locality, or for any person to remove, or permit to be removed, any dog from such quarantined area. Any dog found running at large in such quarantined area, or known to have been removed from or to have escaped from such area, as aforesaid, may be secured and confined, or may be shot or otherwise destroyed by any person, without liability therefor.(1915, c. 13, §11; Code 1923, c. 15D, §18.)

§19. Domestic Animal Within Quarantined Area Running at Large.—When any quarantine shall be established under this article, it shall be unlawful for the owner of any domestic animal within the limits of the quarantined area to allow such domestic animal to run at large during the continuance of the quarantine. Any animal so found running at large shall be taken up by any constable or deputy sheriff of the county knowing the facts, or by an agent or employee of the commissioner, and kept at the expense of the owner until the lifting of the quarantine. For such service he shall be entitled to one dollar for each animal. Each animal shall be kept until such fee and all cost of keeping such animal shall have been paid. If not paid within two weeks after the lifting of the quarantine, the animal may be sold as provided in section seventeen of this article; and after the deduction of all fees, costs and expenses, the residue shall be paid to the owner, if known, and if not known, shall be paid into the state treasury. This section shall not apply to dogs, or affect the special provisions of this article with reference to dogs.(1915, c. 13, §13; Code 1923, c. 15D, §18.)

§20. Bringing Animals Into State; Health Certificate.—It shall be unlawful for any person or his agents or employees knowingly to drive, cause to be driven, bring or cause to be brought into this State any domestic animal infected with any communicable disease. Every domestic animal being brought into the State for any purpose, by any means of transportation, shall be subject to the restrictions imposed by section twenty-one of this article, unless such animal is accompanied by a certificate of good health issued by the state veterinarian or other accredited authority of the state from which such animal originates, or the certificate of a veterinary inspector of the bureau of animal industry of the United States department of agriculture, setting forth that such animal is free from all communicable diseases and does not originate from a district of quarantine or infection, and showing inspection to have been made within a period of thirty days prior to the arrival of such animal: Provided, however, That in the case of bovine animals the duration of such period of test shall be sixty days or such other period as shall conform to the regulations of the United States department of agriculture. Such certificate shall be made in triplicate, the original to be retained by the owner or person in charge of such animal, and by him attached to the bill of lading accompanying shipment of the animal, the duplicate to be forwarded to the commissioner, and the triplicate to be retained by the veterinarian making the inspection.(1915, c. 13, §7; Code 1923, c. 15D, §14.)

§21. Animals Entering State Without Health Certificate.—It shall be the duty of the owner or owners of any domestic animal, which is to enter this State without a certificate of health, to notify the commissioner in writing stating when, where and how the animal is to be brought into this State. Such notice must reach the commissioner before the animal arrives at the point of destination. Any animal entering the State without a certificate of health may be placed in quarantine by the commissioner under such rules and regulations as he may approve, and held therein at the expense of the owner, and if such animal is found infected with any communicable disease, it shall, at the option of the owner, be killed, without compensation to the owner, or continued in quarantine at the expense of the owner. The expenses incurred in providing such animal or animals with proper quarters, food and water may be recovered by the commissioner from the owner in a suit in the name of the State, as other debts are by law collectible. It shall be unlawful to remove any such domestic animal from quarantine unless it shall have passed a satisfactory examination, and the tuberculin test in the case of bovine animals for dairy or breeding purposes, and unless the charges for the quarters, feed, water and attendance have been paid to the person entitled thereto.(1915, c. 13, §7; Code 1923, c. 15D, §14.)

§22. Unlawful Possession of Animal Brought Into State.—When notified by the commissioner, or any of his agents or employees, not to do so, it shall be unlawful for any person to receive, keep or have in his possession any domestic animal imported or brought into this State in violation of any of the provisions of this article, or to allow any such domestic animal to come in contact with any other domestic animal.(1915, c. 13, §7; Code 1923, c. 15D, §14.)

§23. Regulation of Incoming Dairy or Breeding Animals.—No domestic animal that has been, or is to be, used for dairy or breeding purposes shall be imported or brought into this State except under the following regulations:

There shall be provided for each bovine animal a health certificate and a tuberculin test chart, each in triplicate, from a veterinary inspector of the United States bureau of animal industry, or from the state veterinarian, or duly authorized and officially certified veterinarian of the state whence the animal has been transported or moved. The originals of the certificate and of the chart shall be attached to the waybill, when the animal shall be transported by common carrier, and the duplicates sent so as to reach the office of the commissioner before the animal reaches the point of destination, and the triplicates shall be retained by the veterinarian issuing the certificate. If the animal be brought into the State other than by common carrier, the office of the commissioner shall be notified before such animal shall be brought in. The original certificate and chart shall be in the possession of the person who shall bring such animal into the State, and shall be surrendered to any officer or agent of the commissioner on demand. The duplicates thereof shall be sent to the commissioner as aforesaid. Such notice to the commissioner shall state when, where and how the animal is to be brought into the State. Such certificates and chart shall show that the animal is free from Texas fever ticks, and all communicable diseases. The chart must show that an approved preparation of tuberculin has been used, and that an examination and tuberculin test have been carried out in a manner approved by the commissioner: Provided, however, That from herds which are recorded and certified as free from tuberculosis, either by the state veterinarian or other accredited authority of such state as the commissioner may see fit to recognize for this purpose, or may be so recorded and certified by the United States bureau of animal industry, animals may be permitted to enter the State upon such herd certificate in lieu of the tuberculin test chart hereinbefore required.(1915, c. 13, §8; Code 1923, c. 15D, §15.)

§24. Importation of Dairy or Breeding Animal Unaccompanied by Certificate.—Any bovine animal, not accompanied by the health certificate and tuberculin test chart required by section twenty-three of this article, may be brought into this State only under the direct supervision of an officer, or agent of the commissioner, subject to the provisions of section twenty-one of this article and to the following regulations: Each animal shall be held in close quarantine, at the cost and expense of the owner, at such place, under such conditions and during such time as may be prescribed by the commissioner, and during the period of such quarantine shall be submitted to a physical examination and tuberculin test by an agent of the com missioner. The examination and test shall be at the expense of the owner. If the costs and expenses aforesaid are not paid by the owner, they may be recovered by the commissioner as provided in section twenty-one of this article.(1915, c. 13, §9; Code 1923, c. 15D, §16.)

§25. Commissioner May Decline to Accept Health Certificate or Test Chart.—If the commissioner shall suspect the genuineness of any health certificate or tuberculin test chart relating to imported animals, or shall question the competency of the person of the state of export who shall have issued such chart or certificate, he may decline to accept the same, and refuse to permit the importation of the animals concerned, unless a certificate and chart be furnished from the proper inspector of the bureau of animal industry of the United States, or upon such other certificate or tests as the commissioner shall determine.(1915, c. 13, §8; Code 1923, c. 15D, §15.)

§26. Animals Brought Into State for Slaughter or for Exhibition Purposes.—Sections twenty to twenty-five, both inclusive, of this article, shall not apply to animals brought into the State for immediate slaughter, or for temporary exhibition purposes only, if a permit, conditioned as the commissioner may prescribe, for each animal intended for exhibition, shall first have been obtained from him.(1915, c. 13, §8; Code 1923, c. 15D, §15.)

§27. Unlawful Sale of Animals for Breeding or Dairy Purposes.—It shall be unlawful for any person to sell for dairy or breeding purposes any domestic animals brought into the State for immediate slaughter, or to use or permit to be used any such animal for dairy or breeding purposes, unless and until such animals are first subjected to the tests required by this article.(1915, c. 13, §8; Code 1923, c. 15D, §15.)

§28. Indemnity for Slaughter of Diseased Animals; Agreement.—Whenever, to prevent the spread of any communicable disease, it shall be deemed necessary by the commissioner or any of his agents to cause any diseased animal to be killed, and the owner of such animal shall desire to receive indemnity therefor, he shall be required by the commissioner before the appraisal and slaughter of the animal to execute an agreement that he will thoroughly clean and disinfect all premises that may have been infected by such diseased animal in such manner as the commissioner may prescribe, and, in case such animal is tuberculous, that he will have his entire herd of bovine animals tested with tuberculin by the commissioner or his agent at such times as the commissioner may designate, and will not admit to his herd any bovine animal that has not given a negative reaction to the test. Such agreement shall be in duplicate, one copy to be retained by the signer, and in such form as the commissioner shall prescribe, and shall be signed by the owner or his agent, and shall be effective for a period of two years from the date thereof. All such animals, for which indemnity is claimed by the owner, shall be appraised before being slaughtered, and the owners indemnified as hereinafter provided: Provided, however, That any animal infected with rabies may be slaughtered by the owner or any person authorized to do so without such agreement and appraisal first being had, and if the disease is caused by the bite of a dog, the animal shall be appraised and compensation therefor obtained as provided in article twenty of this chapter.(1915, c. 13, §§17, 18; 1919, c. 104, §§17, 18; Code 1923, c. 15D, §§22, 23.)

§29. When Right of Indemnity Does Not Exist.—The right of indemnity shall not exist nor shall payment be made in any of the following cases: (a) For animals owned by the United States, this State, or any county, city, town or village in this State; (b) for animals brought into this State contrary to the provisions of this article, or where the owner of the animals or person claiming compensation has failed to comply with the provisions of the same; (c) when the owner or claimant at the time of coming into possession of the animal knew or had reason to believe it to be afflicted with a communicable disease; (d) when the owner has been guilty of negligence or carelessly exposed such animals to a communicable disease; (e) when the owner has refused or neglected to comply with the sanitary requirements of the commissioner of agriculture or his agents; (f) when the animals are unregistered bulls or unsexed animals.(1915, c. 13, §17; 1919, c. 104, §17; Code 1923, c. 15D, §22.)

§30. Appraisal of Diseased Animals; Amount; Arbitration; Fees of Arbitrators.—The commissioner or his agent shall act as appraiser and appraise each diseased animal within five days prior to the date of slaughter, basing the amount upon the class and market value of the animal at the time of the appraisal, whether for breeding purposes or for milk or meat production. Animals reacting to any approved test, but not exhibiting any physical evidence of disease, shall be appraised without considering the presence of a diseased condition, but animals exhibiting any physical evidence of disease shall be appraised as diseased animals: Provided, however, That where indemnities are claimed for animals slaughtered on account of being infected with rabies, appraisement shall be based on the value of the animal before it became infected. The amount of appraisal for a nonregistered equine animal shall not exceed seventy-five dollars, for a registered equine animal one hundred dollars, for a non-registered bovine animal one hundred dollars, for a registered bovine animal two hundred dollars, for a nonregistered sheep or swine ten dollars, and for a registered sheep or swine twenty-five dollars. If the amount of appraisal of any animal, as determined by the appraiser, is not satisfactory to the owner of the animal, a written notice of such fact, setting forth the reason for complaint, shall be made at once to the appraiser. The amount of the appraisal shall then be determined by arbitrators, one to be appointed by the appraiser and one by the owner of the animal. If the arbitrators are not able to agree as to the amount of appraisal, a third arbitrator shall be appointed by them, whose decision shall be final. Each arbitrator shall be paid one dollar for each appraisement of five or less than five animals, and two dollars if more than five animals are appraised. Compensation for the arbitrators appointed by the owner and the appraiser shall be paid by the party appointing such arbitrator, and in case a third arbitrator is chosen, such arbitrator shall be paid by the party against whom the decision is made.(1915, c. 13, §§17, 18; 1919, c. 104, §§17, 18; Code 1923, c. 15D, §§22, 23.)

§31. Certificate of Appraisal.—When the animal is to be slaughtered, the commissioner or his agent shall make and deliver to the owner a certificate of appraisal which may cover any number of animals belonging to the same owner, showing the age and description of each animal found to be diseased, the name and place of test, if any, the mark or brand as tuberculous, and any other mark or brand which the animal may bear, the date when and the place to which the animal was sent for slaughter by the veterinarian, the designation of the officer who is to supervise the slaughter, the appraised value of each animal, the name and address of the owner of the animal, and the fact that he has executed the agreement as provided in section twenty-eight of this article.(1915, c. 13, §§17, 18; 1919, c. 104, §§17, 18; Code 1923, c. 15D, §§22, 23.)

§32. Slaughter of Diseased Animals; Supervision; Certificate.—After the agreement has been executed, appraisal made and certificate thereof issued, the commissioner or his agent shall cause the animal to be slaughtered and the carcass disposed of in accordance with the meat inspection regulations of the United States bureau of animal industry, or in such manner as the commissioner shall prescribe. The officer supervising the slaughter shall, immediately thereafter, indorse upon or add to the certificate of appraisement provided for in section thirty-one of this article a certificate of slaughter stating that he has witnessed the slaughter of each of the animals, the place and date thereof, that the number, age, description and brand or mark correspond to those given in the certificate of appraisal, the result of his post-mortem examination, the disposition made of the carcass, and the price received for the same by the veterinarian, which price shall be paid to the owner and credited on the amount of appraisal: Provided, That in case animals are slaughtered as tuberculous the appraisal certificate shall be credited in the manner provided in section thirty-six of this article.

The slaughter may be supervised and certificate thereof may be made by the commissioner or any of his agents or any person possessing the authority of an agent, or an officer of the United States bureau of animal industry. The commissioner may require such other particulars to be added to either of said certificates or the affidavits hereinafter required, and may make and enforce such rules and regulations governing the handling, shipping and slaughter of such animals, as may be deemed necessary.(1915, c. 13, §§17, 18; 1919, c. 104, §§17, 18; Code 1923, c. 15D, §§22, 23.)

§33. Payment of Indemnity.—All claims for indemnity for animals slaughtered as tuberculous shall be paid in the manner prescribed in section thirty-seven of this article. In all other cases when animals are slaughtered as provided by this article the veterinarian shall forthwith forward the certificates of appraisal and slaughter, together with the owner’s claim for indemnity, and his affidavit that he has, in all respects, complied with the agreement provided for in section twenty-eight of this article and with the requirements of the commissioner in respect thereto, to the commissioner, who shall, if the same is found to be correct and the claim not barred by the provisions of section twenty-nine of this article, approve and file the same. The commissioner shall, at the end of each fiscal year, issue his requisition to the state auditor for two-thirds of the value of the certificates of appraisal so approved: Provided, That in case of an outbreak of foot and mouth disease, or any other dangerously contagious or infectious disease among bovine animals, on account of which bovine animals are being destroyed by order of federal authority, and for which animals so destroyed the federal government pays one-half of the indemnity herein provided for, this State shall pay one-half, and only one-half, of such indemnity. The state auditor shall issue his warrant on the state treasurer, in favor of the claimant, for the amount ordered by the commissioner, which amount shall be paid out of the current appropriation made for carrying out the provisions of this article: Provided further, That in case the amount of such certificates of appraisal, and those similarly provided for in section thirty-seven of this article, in any one year, shall exceed the current appropriation therefor, such certificates shall be paid pro rata at the end of each fiscal year.(1915, c. 1, §18; 1919, c. 104, §18; Code 1923, c. 15D, §23.)

§34. Disposal of Carcass of Diseased Animal.—Whenever it shall be necessary to destroy or dispose of the carcass of any animal to prevent the spread of disease, such destruction or disposal shall be made by one of the following methods: (a) Complete cremation of the entire carcass with all its parts and products; (b) boiling the carcass and all its parts and products in water, or heating the same with steam at the temperature of boiling water, continuously during at least two hours; (c) burial of the carcass and all its parts and products in a place that shall not be subjected to overflow from ponds or streams, and which shall be distant not less than one hundred feet from any water course, well, or spring, public highway, house or stable. In burying such carcass it shall be covered with quicklime to a depth of not less than three inches, and the top of such carcass shall not be within two feet of the surface of the ground when the grave is filled and smoothed to the level of the surrounding surface. Such grave shall be so protected that the carcass may not be accessible to dogs or other animals. Whenever any animal infected with any communicable disease shall die or be killed, it shall be the duty of the owner of such animal at once to destroy or dispose of the carcass of such animal in the manner provided in this section. It shall be unlawful to sell any such carcass or any part thereof or any hide or offal therefrom. If the owner of such animal shall not within twenty-four hours dispose of the carcass as provided by law, it shall be the duty of the commissioner, or his agent, to cause the same to be destroyed or disposed of according to law, at the cost of such owner. The expense of such destruction or disposal may be collected from such owner as debts of like amount are by law collectible.(1915, c. 13, §15; Code 1923, c. 15D, §20.)

§35. Tests for Bovine Tuberculosis and Disposition of Infected Animals.—The commissioner, or his agent, or the inspectors of the United States bureau of animal industry, shall possess authority to test with tuberculin any bovine animal kept within the State, subject to such rules and regulations as the commissioner may prescribe. The tuberculin test shall be applied to bovine animals at such times as may be designated by the commissioner in the control and eradication of bovine tuberculosis in this State, and all cows whose milk is sold for human consumption or manufacture, and all uncastrated beef animals, shall be tested with tuberculin in so far as may be possible.

When a bovine animal is found by the officer making the test to give what the commissioner shall have prescribed by his rules and regulations to be a clearly defined reaction to such test, the animal shall be considered to be infected with bovine tuberculosis, and shall be marked or branded upon the left jaw with a capital “T” not less than two inches high, one and one-half inches wide, with mark one-fourth of an inch wide, and such branding shall not be construed as cruelty to animals within the meaning of the penal laws of the State. If such a reacting animal be pure bred and registered or eligible to registry, and the owner of such reacting animal shall desire to keep it, such option is allowed, providing the animal does not, in the judgment of the officer making the examination and test, show evidence of physical breakdown, then or at any time thereafter, probably due to the disease, and it shall then be the duty of the commissioner or his agent to place such animal in quarantine, and the owner thereof shall maintain such animal in quarantine as prescribed by the commissioner or his agents, and the milk products of such reacting animal may be disposed of only as provided in section one, article eleven of this chapter. However, once the owner of such animal has elected to keep it in quarantine, he has thereby forever forfeited the right to exercise the option of having the animal disposed of, as heretofore provided, so as to indemnify such owner for the loss of the animal.

Except as hereinbefore provided, all bovine animals within the State which are deemed tuberculous, either as a result of physical examination or the tuberculin test, shall be slaughtered, and if the owner of any such animal shall demand indemnity therefor, he shall execute the agreement provided for in section twenty-eight of this article, and such animal shall be appraised as provided in section thirty, and appraisal certificate issued as provided in section thirty-one, and the slaughter supervised and certificate of same issued as provided in section thirty-two of this article.(1915, c. 13, §17; 1919, c. 104, §17; Code 1923, c. 15D, §22.)

§36. Rules for Determining Amount of Indemnity.—The owners of animals slaughtered as tuberculous shall be indemnified in such amount as shall be determined by the results of post-mortem inspection by the officer supervising the slaughter and the certificate of appraisal credited according to the following rules: (a) If an animal is found, upon post-mortem inspection, not to show lesions of tuberculosis, the carcass and other edible portions shall be passed as food, and the veterinarian shall sell the same, including all accompanying parts, for the best price obtainable, which price shall be paid to the owner and deducted from the amount of appraisal, and the balance, if any, thus remaining shall be paid to the owner; (b) if any animal is found, upon post-mortem inspection, to be infected with tuberculosis, and the lesions are such that the carcass and parts of the carcass are passed for food, the veterinarian shall sell the same, including all accompanying parts, for the best price obtainable, which price shall be paid to the owner and deducted from eighty per cent of the amount of the appraisal, and the balance, if any, thus remaining, shall be paid the owner; (c) if any animal, upon post-mortem inspection, is condemned for offal, the veterinarian shall sell the hide and offal for the best price obtainable, which price shall be paid to the owner and deducted from forty per cent of the appraisal, and the balance, if any, thus remaining, shall be paid to the owner.(1915, c. 13, §17; 1919, c. 104, §17; Code 1923, c. 15D, §22.)

§37. Payment of Indemnity for Animals Slaughtered as Tuberculous.—After an animal shall have been slaughtered as tuberculous, the veterinarian shall forthwith forward to the commissioner the certificates of appraisal and slaughter, together with the owner’s claim for indemnity, and his affidavit that he has, in all respects, complied with the agreement provided for in section twenty-eight of this article and with the requirements of the commissioner in respect thereto. If the commissioner find the same to be correct, he shall approve them and within thirty days file them with the county court of the county in which such animals are owned at the time they were condemned as tuberculous. If the county court, upon examination of the certificates filed as aforesaid and of the affidavit of the claimant and any evidence that may be presented, shall find the claim is regular and not barred by the provisions of section twenty-nine of this article, and the facts therein set up are true, and that the claimant is entitled to indemnity as herein provided, the county court shall make an order allowing the claimant one-half of the value of the certificate of appraisal, which shall be paid upon the order of the county court out of the general funds of the county. The commissioner shall at the end of the fiscal year issue his requisition to the state auditor for the payment of the remaining one-half of the value of the certificate of appraisal, and the auditor shall issue his warrant upon the state treasurer, in favor of the claimant, for such amount, which shall be paid out of the current appropriations made for carrying out the provisions of this article: Provided, That in case the amount of such certificates of appraisal and those similarly provided for in section thirty-three of this article in any one year shall exceed the current appropriation therefor, such certificates shall be paid pro rata at the end of each fiscal year: Provided further, That any amount of indemnity paid by the federal government shall be deducted equally from the amounts paid by the county and State, respectively.(1915, c. 13, §17; 1914, c. 104, §17; Code 1923, c. 15D, §22.)

§38. Transportation of Diseased Animals.—It shall be unlawful for any person knowingly to drive, move or transport on, across or along any public highway, or in wagons or railroad cars or other vehicles, any animal infected with any communicable disease, except upon express permission in writing from the commissioner or his agents.(1915, c. 13, §16; Code 1923, c. 15D, §21.)

§39. Selling Diseased Animal or Permitting It to Stray.—Without express permission in writing from the commissioner, or his agent, it shall be unlawful for any person to sell or offer for sale, or give away, or allow to stray, any animal infected with any communicable disease or any animal that has reacted to any tuberculin or mallein test, or with such permission to sell, offer for sale, or give away, any such animal, without notifying the purchaser, or any prospective purchaser, or the person to whom the animal shall be sold or given, that the animal is infected or has reacted as aforesaid, or that it has been in a herd infected with such a disease within one year, except when for immediate slaughter in accordance with the meat inspection regulations of the United States department of agriculture; or to dispose of to another in any manner any animal that may be in quarantine until such time as the quarantine shall have been raised by the proper officer, or to dispose of the meat or milk of any animal that may be infected with such communicable disease for use as food or for other purposes except in such manner as shall be provided by the commissioner: Provided, however, That nothing in this section shall be construed as in conflict with or superseding any of the provisions of the State or national pure food or meat inspection laws.(1915, c. 13, §19; Code 1923, c. 15D, §24.)

§40. Penalties.—Any person who shall violate any of the provisions of this article, or who shall obstruct or hinder the commissioner, or any officer or employee, in the performance of his duties under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for the first offense, be fined not more than one hundred dollars, and upon conviction for each subsequent offense fined not more than five hundred dollars, and in addition to such fine may be confined in the county jail for not more than ninety days.(1915, c. 13, §§6, 24; Code 1923, c. 15D, §§13, 28.)

§1. Registration and Enrollment of Certain Male Breeding Animals.—It shall be unlawful for any person to use or offer for use for public service, sell or offer for sale, exchange or transfer in this State, under the representation of being pure bred, any stallion, jack, bull, ram or boar, unless such animal be pure bred and registered in some stud, herd, flock or swine record book, as the case may be, recognized by the United States department of agriculture for the registration of pedigrees, and unless the owner thereof shall have procured a certificate of such registration. In addition to such registration the owner of a stallion or jack shall, and the owner of a bull, ram or boar may, cause the name, description and pedigree of such animal to be enrolled by the department of agriculture and procure a certificate of such enrollment from the department.(1917, c. 13, §§1, 8, 11; 1921, c. 119, §§8, 11; Code 1923, c. 15D, §§72, 79, 82.)

§2. Enrollment Certificate for Stallion or Jack; Certificate of Soundness.—In order to secure such enrollment certificate for a stallion or jack, the owner thereof shall obtain a certificate of its condition of soundness, signed by a practicing veterinarian approved by the commissioner of agriculture, who shall make oath to such certificate before some officer duly authorized to administer oaths, and shall forward the certificate, together with the original stud book certificate of registry of pedigree of the stallion or jack, and all other necessary papers relating to his breeding and ownership, to the commissioner. A certificate of the condition of soundness shall be made upon the application for the first certificate of enrollment, and every two years thereafter until the stallion or jack is ten years old, and if the stallion or jack is ten years old or over on the date of the issuance of the first certificate of enrollment, no subsequent certificate of the condition of soundness shall be required.(1917, c. 13, §3; Code 1923, c. 15D, §74.)

§3. Diseases Disqualifying Stallion or Jack for Enrollment for Public Service.—The presence of faulty conformation, and of any of the following named diseases shall disqualify a stallion or jack for enrollment: Cataract, amaurosis (glass eye), periodic opthalmia (moon blindness), laryngeal hemiplegia (roaring or whistling), pulmonary emphysema (heaves, broken wind), chorea (St. Vitus’ dance, crampiness, shivering, string halt), bone spavin, ring bone, side bone, navicular disease (disease of coffin joint), bog spavin, curb, with curby formation of hock, glanders, farcy, maladie de coit, urethral gleet, mange, melanosis. The commissioner of agriculture is authorized to refuse his certificate of enrollment to any stallion or jack affected with any one of such diseases and to revoke the previously issued enrollment certificate of any stallion or jack found upon investigation by the commissioner or his agents to be so affected.(1917, c. 13, §3; Code 1923, c. 15D, §74.)

§4. Examination on Complaint of Unsoundness of Stallion or Jack.—When a specific complaint signed by three responsible persons is made to the commissioner of agriculture that a stallion or jack is unsound, and on investigation an examination is by the commissioner deemed necessary, such examination shall be made by a veterinarian, but the owner of the stallion or jack shall have the right to employ a veterinarian registered under the laws of this State to act with the veterinarian representing the commissioner, and in case these two shall fail to agree they shall appoint a third registered veterinarian to act as referee, and his decision shall be final.(1917, c. 13, §4; Code 1923, c. 15D, §75.)

§5. Use of Studbooks in Registration.—The commissioner of agriculture, whose duty it shall be to pass upon the merits of each pedigree submitted, shall use as his standard for action (a) the studbooks and signatures of the duly authorized officers of the following foreign horse pedigree registry associations, societies, or companies, recognized by the department of agriculture, Washington, D. C., in bureau of animal industry order number one hundred and seventy-five, November twenty-five, nineteen hundred and ten, and amendment number one thereto, December thirty, nineteen hundred and ten: Belgian, Studbook des Chevaux de Trait Beiges; Societ Cheval de Trait Clydesdale, Clydesdale Studbook, Clydesdale Horse Society of the United Kingdom of Great Britain and Ireland; French Draft, Studbook des Chevaux de Trait Francais, Societe des Agriculture de France; Hackney, Hackney Studbook, Hackney Horse Society; Percheron, Studbook Percheronne de France, Society Hippique Percheronne de France; Shetland Pony, Shetland Pony Stud book, Shetland Pony Studbook Society; Shire, Shire Horse Society Studbook, Shire Horse Society; Suffolk, Suffolk Studbook, Suffolk Horse Society; Thoroughbred, Australian General Studbook; Welsh Pony and Cob, Welsh Pony and Cob Studbook, the Welsh Pony and Cob Society; Belgian, Clydesdale, Hackney, Shire, Suffolk, and Welsh Pony and Cob, Canadian National Records, Ottawa, Canada; (b) the Studbook and signatures of the duly authorized officers of the following American horses and jack pedigree registry associations, societies or companies, certified by the department of agriculture, Washington, D. C., in bureau of animal industry order number one hundred and thirty six, June twenty, nineteen hundred and six, and in the amendments thereto: American Trotter, American Trotting Register, American Trotting Register Association; Arabian, the Arabian National Studbook, the Arabian Horse Club of America; Belgian, National Register of Belgian Draft Horses, the American Association of Importers and Breeders of Belgian Draft Horses; Cleveland Bay, American Cleveland Bay Stud book, Cleveland Bay Society of America; Clydesdale, American Studbook, American Clydesdale Association; French Coach, French Coach Studbook of America, French Coach Horse Society of America; French Draft, National Register of French Draft Horses, National French Draft Horse Association of America; German, Hanoverian and Oldenburg Coach, German, Hanoverian and Oldenburg Coach Horse Studbook, German, Hanoverian and Oldenburg Coach Horse Association of America; Hackney, American Hackney Studbook, American Hackney Horse Society; Morgan, American Morgan Register, American Morgan Register Association; Percheron, Percheron Studbook of America, Percheron Society of America; Saddle Breeding Animals. American Saddle Horse Register, American Saddle Horse Breeders’ Association; Shetland Pony, American Shetland Pony Studbook, American Shetland Pony Club; Shire, American Shire Horse Studbook, American Shire Horse Association; Suffolk, American Suffolk Horse Studbook, American Suffolk Horse Association; Thoroughbred, American Studbook, the Jockey Club; Welsh Pony and Cob, Welsh Pony and Cob Studbook, the Welsh Pony and Cob Society of America; Jacks and Jennets, American Jack Stock Studbook, American Breeders’ Association of Jacks and Jennets; Jacks and Jennets, Standard Jack and Jennet Registry of America, Standard Jack and Jennet Registry Association, and any other recognized American or foreign horse associations and societies or companies. The commissioner of agriculture shall accept as pure bred each stallion or jack for which the pedigree registry certificate is furnished bearing the signatures of the fully authorized officers of one of the above named American associations, societies or companies.(1917, c. 13, §5; Code 1923, c. 15D, §76.)

§6. Form of Enrollment Certificate for Stallion or Jack.—If the commissioner of agriculture shall find the pedigree and registration of a stallion or jack to be correct and genuine and the certificate of condition of soundness to entitle such stallion or jack to enrollment, he shall accept and enroll as pure bred such stallion or jack and shall issue and deliver to the owner thereof a certificate of enrollment which shall be in the following form:

(1917, c. 13, §7; 1923, c. 15D, §78.)

§7. Temporary Enrollment Certificate.—The commissioner of agriculture is authorized in case of emergency to grant a temporary enrollment certificate for a pure bred stallion or jack without a veterinary examination on receipt of an affidavit made by the owner to the effect that to the best of his knowledge such stallion or jack is free from infectious, contagious or transmissible diseases or unsoundness. Temporary enrollment certificates shall be valid until a veterinary examination can be reasonably made, not to exceed ninety days.(1917, c. 13, §3; Code 1923, c. 15D, §74.)

§8. Enrollment Certificate for Bull, Ram or Boar; Record Books Used.—In order to secure an enrollment certificate for a bull, ram or boar, the owner thereof shall forward the original certificate of its registration in a herd, flock or swine record book, as the case may be, to the office of the commissioner of agriculture, whose duty it shall be to examine and pass upon the correctness or genuineness of such certificate filed for enrollment. In making such examination the commissioner shall use as his standard the record books recognized by the United States department of agriculture, and shall accept and enroll as pure bred any animal registered in such record books. If the commissioner shall find the registration of such bull, ram or boar to be correct and genuine, he shall issue and deliver to the owner of such bull, ram or boar a certificate of enrollment under the seal of the state department of agriculture, which certificate shall set forth the name, breed, age and color of the animal and also the volume and page of the herd, flock or swine record book in which such animal is registered.(1917, c. 13, §8; 1921, c. 119, §8; Code 1923, c. 15D, §79.)

§9. Fees for Enrollment; Renewal of Certificate for Stallion or Jack; Duplicate Certificate.—A fee of two dollars shall be paid to the commissioner of agriculture for the enrollment and certificate of any stallion or jack and one dollar for the enrollment and certificate of any bull, ram or boar. All enrollment certificates of stallions and jacks shall expire with the first day of January of each year following the date of issuance and must be renewed annually before the first day of April following, and a fee of fifty cents shall be paid to the commissioner for such renewal. Duplicates of enrollment certificates issued by the commissioner which have been lost, destroyed or mutilated shall be furnished upon return of the old certificate or part thereof to the commissioner, or upon proper showing by affidavit that the original certificate was lost or destroyed, and for each duplicate so issued the commissioner shall charge a fee of ten dollars.(1917, c. 13, §9; Code 1923, c. 15D, §80.)

§10. Transfer of Enrollment Certificate.—Upon the transfer of ownership of any stallion, jack, bull, ram or boar enrolled under the provisions of this article, the enrollment certificate may be transferred by the commissioner of agriculture to the transferee upon the submission of satisfactory proof of such transfer of ownership and the payment of fifty cents.(1917, c. 13, §10; Code 1923, c. 15D, §81.)

§11. Posting Enrollment Certificate; Advertising.—The owner of any stallion, jack, bull, ram or boar used for public service in the State shall post and keep affixed correct copies of the certificate of enrollment of such animal issued under the provisions of this article, in conspicuous places both within and upon the outside of the home stable or inclosure and the stables, buildings or inclosures where such animal is used for public service at any farm or place away from home. Every bill or poster issued by the owner of any male breeding animal enrolled under this article, or used by him or his agent for advertising such animal, shall contain a correct copy of the enrollment certificate printed in boldface type not smaller than “small pica,” and it shall be illegal to print upon any poster any misleading reference to the breeding or condition of soundness of such animal, or to use upon any such bill or poster, or in any other advertising matter whatsoever, the portrait of an animal in a misleading manner. Every newspaper advertisement, post card, circular letter, or other form of advertising matter whatsoever, of any male breeding animal for public service shall show the enrollment certificate number. All advertising that is found, upon inspection by the commissioner of agriculture, to be at variance with the intent and purposes of this article, shall be suppressed or corrected until it shall conform thereto, and the certificate of enrollment of the animal for which such advertising is issued shall be temporarily revoked until such advertising is corrected, and fees charged for the services of said animal during such time shall be illegal and not subject to collection.(1917, c. 13, §6; Code 1923, c. 15D, §77.)

§12. Duties of Commissioner.—It shall be the duty of the commissioner of agriculture to examine, verify and pass upon the merits of the breeding and pedigree of all stallions, jacks, bulls, rams and boars submitted to him for enrollment; to inspect certificates of condition of soundness; to issue enrollment certificates in accordance with the provisions of this article and to provide suitable forms for the same; to publish annually and have on hand for distribution a list, by counties, of all pure bred male breeding animals enrolled with the department of agriculture under the provisions of this article, together with the names and post-office addresses of their respective owners; to make and enforce all necessary rules and regulations, and to perform such other duties as may be necessary to carry out the provisions of this article.(1917, c. 13, §§2, 12; Code 1923, c. 15D, §§73, 83.)

§13. Offenses; Penalties.—Any person who shall fraudulently represent any animal, horse, cattle, sheep or swine to be pure bred, or any person who shall post or publish, or cause to be posted or published, any false pedigree or certificate, or shall use or offer for use any stallion, jack, bull, ram or boar for public servive, or who shall sell or offer for sale, exchange or transfer any such animal within this State, representing such animal to be pure bred, without first having such animal registered and obtaining the certificate of enrollment from the commissioner of agriculture as provided in this article, or who shall violate any of the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned in the county jail not exceeding thirty days, or both fined and imprisoned, in the discretion of the court.(1917, c. 13. §11; 1921, c. 119, §11; Code 1923, c. 15D, §82.)

§1. Sale of Milk From Diseased Cow.—It shall be unlawful for any person to sell, offer or expose for sale, or have in his possession with intent to sell, offer or expose for sale, any milk produced by a cow which has reacted to a tuberculin test, or is affected with a dangerously transmissible disease, as food for human beings or for animals, unless it has been previously heated to at least one hundred and seventy-eight degrees Fahrenheit, or heated to one hundred and forty degrees Fahrenheit and held at that point for at least twenty minutes, except when a special examination has been made under the direction of the commissioner of agriculture and the state commissioner of health and written permission to use such milk has been given by them.(1915, c. 13, §23; Code 1923, c. 15D, §27.)

§2. Manufacture or Sale of Filled Milk.—It shall be unlawful for any person to manufacture, offer or expose for sale or exchange, or have in his possession with intent to sell, offer or expose for sale or exchange, either in bulk or in containers, sealed or unsealed, under any name whatever, any condensed, evaporated, concentrated, powdered, dried or dessicated milk, cream or skimmed milk to which has been added or with which has been blended or compounded any fats or oils other than milk fats, producing what is known as filled milk.*(1923, c. 56, §30.)

§3. Standards of Milk and Milk Products.—It shall be unlawful for any person to manufacture, offer or expose for sale or exchange, or have in his possession with intent to sell, offer or expose for sale or exchange, any milk or milk products that do not conform to rules and regulations promulgated by the public health council and to the following standards or definitions :

(a) Milk is the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, or such longer period as may be necessary to render the milk practically colostrum-free, and shall contain not less than three per cent of milk fat and not less than eight and one-half per cent of solids not fat, and eleven and one-half per cent total solids;

(b) Pasteurized milk is milk that has been subjected to a temperature not lower than one hundred and forty-five degrees Fahrenheit for not less than thirty minutes. Unless it is bottled hot, it is promptly cooled to fifty degrees Fahrenheit, or lower;

(c) Skimmed milk is milk from which a part or all of the cream has been removed, and contains not less than nine per cent of milk solids;

(d) Buttermilk is the product that remains when fat is removed from milk or cream, sweet or sour, in the process of churning. It contains not less than eight per cent of milk solids not fat;

(e) Condensed milk, evaporated milk, concentrated milk, is the product resulting from the evaporation of a considerable portion of the water from the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, and contains, all tolerances being allowed for, not less than twenty-five and five-tenths per cent of total solids and not less than seven and eight-tenths per cent of milk fat;

(f) Sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, is the product resulting from the evaporation of a considerable portion of the water from the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, to which sugar (sucrose) has been added. It contains, all tolerances being allowed for, not less than twenty-eight per cent of total milk solids and not less than seven and eight-tenths per cent of milk fat;

(g) Condensed skimmed milk, evaporated skimmed milk, concentrated skimmed milk, is the product resulting from the evaporation of a considerable portion of the water from skimmed milk, and contains, all tolerances being allowed for, not less than twenty per cent of milk solids;

(h) Sweetened condensed skimmed milk, sweetened evaporated skimmed milk, sweetened concentrated skimmed milk, is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar (sucrose) has been added. It contains, all tolerances being allowed for, not less than twenty-eight per cent of milk solids;

(i) Dried milk is the product resulting from the removal of water from milk, and contains, all tolerances being allowed for, not less than twenty-six per cent of milk fat, and not more than five per cent of moisture;

(j) Dried skimmed milk is the product resulting from the removal of water from skimmed milk, and contains, all tolerances being allowed for, not more than five per cent of moisture;

(k) Cream: Sweet cream is that portion of milk, rich in milk fat, which rises to the surface of milk on standing, or if separated from it by centrifugal force. It is fresh, clean. It contains not less than eighteen per cent of milk fat. Whipping cream is cream which contains not less than thirty per cent of milk fat;

(1) Butter is the clean, non-rancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt, and contains not less than eighty per cent of milk fat and not more than sixteen per cent of moisture. The addition of vegetable butter coloring is permitted;

(m) Cheese is the sound, solid, and ripened product made from milk or cream by coagulating the casein thereof with rennett of lactic acid, with or without the addition of ripening ferments and seasoning, and contains, in the water-free substance, not less than fifty per cent of milk fat. The addition of harmless coloring matter is permitted;

(n) Ice cream is a frozen substance made from pure, wholesome milk products sweetened with sugar and may contain not to exceed one-half of one per cent of gelatine, vegetable gum or other wholesome stabilizer. When wholesome and harmless flavoring extracts are used, ice cream shall contain not less than eight per cent of milk fats and ten per cent of milk solids not fats. When eggs, fruits, nuts, chocolate or cake are used, such reduction in the percentage of milk fat and milk solids not fat shall be allowed as may be caused by the addition of such ingredients.(1923, c. 56, §31.)

§4. Enforcement of Article; Offenses; Penalties.—The enforcement of this article shall be vested in the state department of agriculture. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than fifty dollars for the first offense, and not less than fifty nor more than two hundred dollars for each subsequent offense.(1923, c. 56, §§30, 31.)

§1. Definitions.—The following words, as used in this article, unless the context other wise requires or a different meaning is specifically prescribed, shall have the following meanings:

(a) “Commissioner,” the state commissioner of agriculture;

(b) “Plant” or “plants,” nursery stock, or chard, fruit, forest and shade trees, vines, cuttings, seeds and bulbs, plants or parts of plants, or any products of the foregoing;

(c) “Insects” or “plant disease,” any dangerously injurious insects or plant disease, in any stage of their development, which have been or may hereafter be adjudged and published by the commissioner as necessary to control or eradicate;

(d) “Nursery stock,” all field-grown florist stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees and shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous bulbs and roots;

(e) “Nursery,” any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed or stored;

(f) “Nurseryman,” the person who owns, leases, manages or is in charge of a nursery;

(g) “Dealer,” any person not a grower of nursery stock who buys nursery stock for the purpose of reselling and reshipping, independently of any control of a nursery;

(h) “Agent,” any person selling nursery stock under the partial or full control of a nurseryman, or of a dealer or other agent, or any person engaged with a nurseryman, dealer or agent in handling nursery stock on a cooperative basis.(1915, c. 35, §§1, 2; 1917, c. 17, §§1, 2; Code 1923, c. 62A, §§1, 2.)

§2. Duties of Commissioner.—The commissioner shall perform the following duties:

(a) Prepare and publish, from time to time, a list of dangerously injurious insects and diseases attacking plants which, in his judgment, it is necessary to control or eradicate;

(b) Prescribe and enforce such rules and regulations as may be necessary to carry out the purposes of this article;

(c) Include in his biennial report to the governor a statement of all operations under this article.(1915, c. 35, §1; 1917, c. 17, §§1, 22; Code 1923, c. 62A, §§1, 22.)

§3. Assistants and Employees.—The commissioner shall appoint and fix the compensation of such qualified entomologists, plant pathologists, inspectors, special agents, clerks and other assistants and employees as are necessary to carry out the provisions of this article, whose compensation and traveling expenses incurred in the discharge of their duties shall be paid out of any funds available for the enforcement of this article.(1913, c. 14, §1; 1915, c. 35, §1; 1917, c. 7, §1; Code 1923, c. 62A, §1.)

§4. Local Inspectors.—If, upon preliminary inspection by the commissioner or his assistants, it is found that insects or plant diseases exist in any county in this State to the extent that such insects or plant diseases are likely to spread or be conveyed to other premises to the serious injury of the property thereon, the commissioner may appoint a local inspector for such county and fix his compensation, not to exceed the amount hereinafter provided, and order a full inspection of such county to discover and locate all premises infested or infected with such insects or plant diseases. After inspection by the local inspector he shall report the result of such inspection to the commissioner and to the owners of such premises. The county court of the county shall pay the compensation and expenses of the local inspector appointed for such county. Local inspectors shall file with the commissioner, on blanks to be furnished by him and under such regulations as he may prescribe, itemized accounts of the expenses and costs incurred in the performance of their duties, and a statement of the days actually occupied in the performance of the duties hereinbefore prescribed, and the same, if found to be correct, shall be approved by him and forwarded to the county court in which such inspector is employed, and shall be allowed and paid by such court out of the general funds of such county: Provided, That the county court shall not be compelled to pay on account of local inspectors more than two hundred and fifty dollars in any one year; but the county court of any county may pay any sum in excess of two hundred and fifty dollars that it may deem proper.(1913, c. 14, §§9, 10; 1915, c. 35, §8; 1917, c. 17, §8; Code 1923, c. 62A, §8.)

§5. Harboring Pests and Disposing of Infected Stock.—It shall be unlawful for any person in this State knowingly to permit any insects or plant diseases to exist in or on his premises, unless efforts are being made to eradicate such insects or plant diseases as may exist, or to sell or offer for sale any plant infested or infected with such insect or disease.(1915, c. 35, §3; 1917, c. 17, §3; Code 1923, c. 62A, §3.)

§6. Right to Enter Upon Property for Inspection.—The commissioner, his agents, employees, assistants, local inspectors, and all other persons in their employ, are hereby empowered, during reasonable working hours, to enter upon any public or private premises for the purpose of inspecting, destroying or treating insects or plant diseases or such plants as may harbor such insects or plant diseases. Any person who shall refuse to allow inspection of premises under his care or control, or who shall obstruct or hinder the commissioner, his agents, employees, assistants, local inspectors, or any person in their employ, in the discharge of their duties, shall be guilty of a misdemeanor, and, upon conviction thereof, punished as prescribed by section twenty-seven of this article. A mandatory injunction to compel submission to such inspection may be awarded by any court having jurisdiction in a suit instituted by the commissioner in the name of the State.(1913, c. 14, §7; 1915, c. 35, §7; 1917, c. 17, §7; Code 1923, c. 62A, §7.)

§7. Infested Plants Declared Public Nuisance.—Any plant infested or infected with any insects or plant disease is hereby declared a public nuisance.

§8. Infested Trees Marked and Owner Notified to Treat or Destroy Same; Failure of Owner to Do So.—Should the commissioner, his assistants or local inspectors find any plant infested or infected with any insects or plant disease, they shall mark or tag or otherwise specifically designate such plant. The commissioner shall have power to determine the nature and method of treatment, including destruction, to which all such plants shall be subjected, and he shall give notice of his findings in writing to the owner of the infested or infected premises or plants, his agents, tenants or persons in charge thereof, accompanying every such notice with specific printed or written directions as to the treatment or destruction of the infested or infected plants. Service of such notice may be made by mail or in any manner prescribed by law for the service of other notices, except that, should the person upon whom the notice is to be served be a nonresident, or a foreign corporation, the notice may be served by delivering a copy thereof to the tenant or other person in charge of the premises, or if the tenant or other person in charge be not found, then upon any member of his family, or by posting the notice at the usual place of abode the same as though the tenant or other person in charge were the owner; or if there be no tenant or other person in charge, notice posted at two conspicuous places on the affected premises for five days shall be deemed legal service. If any owner shall fail, within ten days after service of such notice, to treat or destroy such plant or plants in accordance with the directions of the commissioner as aforesaid, then the commissioner, his assistants or employees, shall treat or destroy such plants.(1901, c. 33, §3; 1903, c. 49, §3; 1907, c. 72, §3; 1913, c. 14, §6; 1915, c. 35, §§4, 5; 1917, c. 17, §§4, 5; Code 1923, c. 62A, §§4, 5.)

§9. Compensation for Destruction of Property.—If any owner finds objection to the order of the commissioner for the reason that such order will cause to be destroyed property which is of value to such owner, then the owner shall thereupon notify the commissioner, in writing, the amount of compensation he will claim by reason of the destruction of such property. The filing of the notice, however, shall not act as a stay of such proceedings, but the commissioner, or his assistants, shall proceed to appraise the damage to such property, and if the commissioner, or his assistants, and the owner agree upon the damage for which indemnity is claimed, then each of them shall sign a statement to that effect, which shall be forwarded to the commissioner. If the amount of damage cannot be agreed upon by the commissioner, or his assistants, and the owner, then on the same day the owner shall give written notice of his disagreement to the commissioner or his assistants. The amount of damages shall then be determined by arbitrators, one to be appointed by the commissioner, or his assistants, and one by the owner, and these two shall select a third arbitrator, the decision of any two of whom shall be final. The arbitrators shall reduce their decision to writing and shall forward one copy thereof to the commissioner and another copy to the owner. Arbitrators shall be citizens of the State, of good moral character and owners of real estate, and shall be paid not to exceed three dollars per diem, which amount shall be paid by the commissioner from funds appropriated for the purpose of carrying out the provisions of this article, if the decision made is more than that offered to the owner by the commissioner, or his assistants; but if the compensation is no more than that offered by the commissioner, or his assistants, then the owner shall pay the cost of arbitration.(1915, c. 35, §6; 1917, c. 17, §6; Code 1923, c. 62A, §6.)

§10. Payment by County; Reimbursement.—All compensation to owners for destruction of property pursuant to the provisions of this article shall be paid by the county court of the county where the property destroyed is situated, out of the general fund of the county treasury. When such compensation is paid by the county court on account of destruction of cedar trees, the county shall be reimbursed as provided in section eighteen of this article. In all other eases the county shall be reimbursed for one-half of the compensation paid by it, and the court shall file its claim with the commissioner for one-half of the compensation paid by said court, which shall, when approved by the commissioner, be paid as other bills against the commissioner. Whenever, in the judgment of the commissioner, the interest of the State warrants such action, he may order the county to be reimbursed for more than one-half of the compensation paid by it.(1915, c. 35, §6; 1917, c. 17, §6; Code 1923, c. 62A, §6.)

§11. Expense of Treating Infested Premises to be Paid by Owner; Judgment Therefor.—All necessary expense of treating plants infested or diseased with or harboring insects or plant diseases shall be paid by the owner of the real estate from which such infestation is removed pursuant to the provisions of this article. If the amount of such expense is not paid by the owner upon presentation of a bill therefor, it shall be the duty of the prosecuting attorney of the county in which such real estate or a greater part thereof is situated, at the instance of the commissioner, to institute, in the name of the State of West Virginia, an action against the owner for the recovery thereof. The commissioner shall cause an abstract of all judgments recovered under this section to be docketed in the office of the clerk of the county court of the proper county, and when so docketed such judgment shall be a lien superior to all other liens upon the property, except taxes, and in incorporated cities, towns and villages the lien shall be superior to all other liens upon the property, except taxes and assessments for sewering, paving and other public improvements. The lien of any judgment so docketed, when paid, shall be released by the commissioner.(1917, c. 17, §6; Code 1923, c. 62A, §6.)

§12. Action Under Article Not to Affect Damages.—No action of any character taken under the provisions of this article shall abate the damages, if any, suffered by any person by reason of any owner’s premises harboring insects or plant diseases.(1917, c. 17, §6; Code 1923, c. 62A, §6.)

§13. Unlawful to Own or Keep Cedar Tree Which Is Host Plant for Apple Rust; Public Nuisance.—It shall be unlawful for any person to own or keep alive and standing upon his premises any red cedar tree, which is or may be the source for the communicable plant disease commonly known as “rust” of the apple, and any such cedar tree, when growing within a radius of three miles of any apple orchard in this State, is hereby declared a public nuisance.(1925, c. 84, §1.)

§14. Owner to Destroy Diseased Cedar Trees; Notice; How Served.—In any county in this State where “rust” of the apple exists, or there is reason to believe it exists, it shall be the duty of the commissioner, in person or by an assistant, upon the request in writing of ten or more reputable freeholders of any county, to make a preliminary examination and investigation of the locality from which such request may be received, to ascertain if any red cedar tree in such locality is the source of, harbors or constitutes the host plant for such disease, and exists within a radius of three miles of any apple orchard in such locality, and constitutes a menace to the health of such apple orchard. If, upon such preliminary investigation of the locality from which such request is received, it shall appear that there is any cedar tree which constitutes the source, harbor or host plant of such disease, and that such cedar tree exists within a radius of three miles of any apple orchard in such locality and constitutes a menace to the health of such apple orchard, the commissioner, or his assistant, shall give notice in writing to the owner of such cedar tree to destroy the same. Such notice shall contain a brief statement of the facts found to exist whereby and because of which it is deemed necessary or proper to destroy such cedar tree and call attention to the law under which it is proposed to destroy the same and shall be served upon the owner in the manner provided in section eight of this article, and the owner shall, within such time as may be prescribed in such notice, which shall be not less than ten nor more than sixty days, cut down and destroy said cedar tree.(1925, c. 84, §2.)

§15. Treatment of Cedar Trees; Expense.—If, however, in the judgment of the commissioner or his assistant, it is practical to treat any such cedar tree, especially an ornamental tree in door yards, grave yards, cemeteries or parks, which has been declared, as aforesaid, to constitute a menace to any apple orchard in such locality, in such a way as to render it harmless, he may order such treatment to be carried out by the owner under the direction of any agent he may appoint for that purpose. Directions for treatment shall be put in writing by the commissioner and a copy thereof served upon the owner of such tree in the manner provided in section eight of this article. If any owner shall fail, within ten days after service of such notice, to treat any such tree in accordance with the written directions in such notice, the commissioner or his assistants shall treat such tree at the expense of the owner. If the owner fail to pay such expense upon presentation of a bill therefor, the same shall be collected as provided in section eleven of this article.(1925, c. 84, §3.)

§16. Commissioner to Destroy Cedar Trees on Failure of Owner; Expense.—Whenever the owner of any cedar tree refuses or neglects to cut down and destroy the same within the time specified in the notice given by the commissioner, as prescribed by section fourteen of this article, it shall be the duty of the commissioner to cause such tree to be at once cut down and destroyed, and the necessary expense thereof shall be paid by the county court of the county in which such tree is situated out of the general fund of the county upon presentation of a bill therefor approved by the commissioner.(1925, c. 84, §5.)

§17. How Compensation for Destruction of Cedar Trees Determined.—Any owner or owners feeling aggrieved because of the destruction of any such cedar tree or trees in accordance with the provisions of this article, shall have the right to file a petition in the circuit court of the county in which such property is located, for the purpose of having any damages sustained by such owner or owners determined. Such petition shall be filed in the office of the clerk of such court within fifteen days from the date of the destruction of such cedar tree or trees. Notice in writing of the filing of such petition, together with a copy thereof, shall forthwith be transmitted by such clerk to said commissioner. Such court shall allow such answer to be filed to such petition by said commissioner as may be proper, and the matter shall thereupon be heard in such court, and should it be determined by the court that the owner of such cedar tree or trees has been damaged because of any action of said commissioner under and by authority of this article, the amount thereof, together with the costs of such proceeding, shall be paid out a of the general fund of such county upon an order duly entered by such circuit court.(1925, c. 84, §7.)

§18. Levy on Apple Orchards to Reimburse County for Compensation and Costs Paid.—Every county paying damages out of the general fund of the county for the destruction of cedar trees or paying costs of destruction of such trees, under the provisions of this article, shall be reimbursed by a specific levy, made by the county court of said county at the commencement of the next ensuing fiscal year, of a not exceeding one dollar per acre on all apple orchards in said county planted ten years or more, and not exceeding fifty cents per acre apple orchards in said county planted more than two years and less than ten years. One-half of the amount of the levy shall be upon orchards planted more than two years and less than ten years, and one-half of such levy upon orchards planted ten years or more, and the county court shall fix such amounts per acre as will, in the aggregate, net the amount necessary to reimburse the county for all damages and costs previously paid out for the destruction of cedar trees under the provisions of this article.(1925, c. 84, §§8, 9.)

§19. Duty of Assessor to List Apple Orchards.—It shall be the duty of the assessor of each county in this State to list all the apple orchards in his county, giving the names of the owners thereof, the acreage of apple orchards owned which have been planted more than ten years, and the acreage of apple orchards owned which have been planted more than two years and less than ten years.(1925, c. 84, §8.)

§20. Application for Nursery Inspection.—Persons desiring to sell or ship nursery stock shall make application in writing before July first of each year to the commissioner for inspection of their stock. Persons failing to comply with this section shall be liable for charges to cover traveling expenses of the inspector.(1915, c. 35, §11; 1917, c. 17, §11; Code 1923, c. 62A, §11.)

§21. Nursery Inspection.—Prior to October fifteenth of each year, the commissioner, or his assistants, shall inspect all nursery stock grown in the State, and issue a certificate stating the condition of such nursery and the number of acres or fraction thereof, in such form as may be prescribed by the commissioner, but such certificate shall not be issued to any nurseryman until he has fully complied with section twenty-five of this article. Any nurseryman who shall wilfully make a false declaration of the grade, character, variety or quality of stock in a nursery or offered for sale, or of the acreage of any nursery inspected for him, or who shall conceal any stock from inspection, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined as provided in section thirty of this article.(1901, c. 33, §2; 1903, c. 49, §2; 1907, c. 72, §2; 1913, c. 14, §3; 1915, c. 35, §§9, 18; 1917, c. 17, §§9, 17; Code 1923, c. 62A, §§9, 17.)

§22. Quarantine of Infested Plant Material.—The commissioner is hereby empowered to prohibit and prevent the removal, shipment or transportation of plant material and any other material into the State, or from any private or public property, or property owned or controlled by the State, or any area of the State, which in his judgment may contain dangerously infested or infected nursery stock, or plant or other material of any kind, for such periods and under such conditions as in his judgment seem necessary in order to prevent the further spread of the infestation or infection, giving such notice thereof as he may prescribe and during the existence of such order no person shall remove or ship from such area any such material whatsoever, except by special permission or direction (certificate) of the commissioner. In case the commissioner, his assistants or a local inspector shall find present on any nursery or dealer’s premises or any packing ground, or in any cellar or building used for storage or sale of nursery stock, any injurious insect or plant disease, he shall notify the owner or person having charge of the premises, in writing, to that effect, and shall withhold his certificate, hereinafter provided for, until the premises are freed from such injurious insect or plant disease, as hereinafter provided. It shall be unlawful for any person, after receiving such notice, to ship or deliver, or cause to be shipped or delivered, any nursery stock from such premises.(1901, c. 33; 1903, c. 49; 1907, c. 72; 1913, c. 14; 1915, c. 35; 1917, c. 17, §10; Code 1923, c. 62A, §10.)

§23. Notice of Arrival of Foreign Nursery Stock.—Every person receiving directly or in directly any nursery stock from foreign countries shall notify the commissioner of the arrival of such shipments, the contents thereof and the name of the consignor; and also hold such shipment unopened until duly inspected or released by the inspector. In case any infested or infected stock is discovered in such shipment the shipment shall be subject to the provisions of this article.(1917, c. 17, §12; Code 1923, c. 62A, §12.)

§24. Certificate or Permit to be Attached to Nursery Stock Sold; Duties of Carriers.—It shall be unlawful for any nurseryman to deliver or give away, within the boundaries of this State, plants commonly known as nursery stock, which have not been duly inspected in accordance with the provisions of this article and do not carry plainly attached to each car load, box, bale or package, a copy of a certificate or permit as herein provided, except that in case of nursery stock shipped into the State from without, the commissioner shall provide by regulation for the acceptance of proper certificates from other states, and, when so accepted, the commissioner shall issue an official tag designating the fact, which tag must be attached to all such shipments, but no nursery stock shall be sold or shipped under the certificate issued as provided herein that was not raised in the nursery for or to which the certificate was issued, until such stock has been duly examined, as provided here in, and found to be apparently free from any dangerously injurious insect pest or plant disease. All transportation companies and common carriers bringing nursery stock into this State shall immediately, upon receiving such consignment, notify the commissioner of the fact that such consignment is in their possession or en route to some point within the State, and give the names of the consignor and consignee, the point of shipment, the designation of such consignment and whether it bears the official tag hereinbefore required. It shall be unlawful, after the promulgation of the rules and regulations provided for in this article, for any person to transport, by land or water, plants commonly known as nursery stock, in violation of the same, and every such offense shall constitute a misdemeanor.(1913, c. 14, §8; 1915, c. 35, §13; 1917, c. 17, §13; Code 1923, c. 62A, §13.)

§25. Registration of Nurserymen.—It shall be unlawful for any person, either for himself or as agent for another, to offer for sale, sell, deliver or give away, within the bounds of this State, any plants known as nursery stock, unless such person shall have first procured from the commissioner a certificate of registration, which certificate shall contain such rules and regulations concerning the sale of nursery stock as the commissioner may prescribe, who shall have full power, and is hereby authorized and required, to cancel and withdraw any certificate upon satisfactory evidence that any rules and regulations governing the sale of nursery stock within this State have been violated by the holder of the same. The commissioner shall not issue any certificate of registration, except upon the payment of the sum of twenty dollars. All such certificates as may be granted shall expire and become null and void June thirtieth next succeeding the issuance thereof. Any person, either for himself or as agent for another, who shall sell, offer for sale, deliver or give away any plants, commonly known as nursery stock, without exhibiting a copy of the certificate of registration as herein provided for to each and every person to whom he shall sell, offer for sale, deliver or give away any such plants, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined as provided in section thirty of this article. This section shall not be construed so as to prevent a neighbor from giving away a plant or tree which is not from a nursery.(1903, c. 48; 1905, c. 61; 1913, c. 14; 1915, c. 35, §14; 1917, c. 17, §14; Code 1923, c. 62A, §14.)

§26. Dealers’ Registration Certificates.—Every dealer engaged in selling or soliciting orders for nursery stock within this State shall secure a dealer’s certificate by furnishing a sworn affidavit that he will buy and sell only stock which has been duly inspected and certified by an official state inspector, and that he will maintain with the inspector a list of all sources from which he secures his stock. Such certificate shall expire and become null and void June thirtieth next succeeding the date of issuance thereof, and before such certificate is issued the dealer shall pay to the commissioner a fee of twenty dollars.(1903, c. 48; 1905, c. 61; 1913, c. 14; 1915, c. 35, §15; 1917, c. 17, §15; Code 1923, c. 62A, §15.)

§27. Salesmen; Certificates of Authority.—Any person growing or dealing in nursery stock, before receiving such certificate of registration, shall file with the commissioner the names of all traveling salesmen or agents representing such person in this State, and shall subsequently file with the commissioner the names of any other traveling salesmen or agents when so employed. Any person, firm or corporation acting as an agent for another in the sale of fruit-bearing trees in this State shall carry with him, at all times when engaged in selling trees, a certificate in writing signed by his principal, and properly acknowledged, showing his authority to act as such an agent, and, upon request, shall exhibit the same to the purchaser and shall leave with the purchaser a copy of the purchase contract.(1903, c. 48; 1905, c. 61; 1913, c. 14; 1915, c. 35, §16; 1917, c. 17, §16; Code 1923, c. 62A, §16.)

§28. Misrepresentation of Nursery Stock.—All persons selling nursery stock in the State shall, if required, furnish to the commissioner copies of all their literature, which is printed or otherwise duplicated, including catalogs, price lists, order forms, contracts and agreements which are furnished for the use of agents or customers or both. Any person who shall wilfully misrepresent the grade, character, variety or quality of nursery stock offered for sale by any nursery dealer or agent shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to the penalties prescribed by section thirty of this article.(1903, c. 48; 1905, c. 61; 1913, c. 14; 1915, c. 35, §18; 1917, c. 17, §17; Code 1923, c. 62A, §17.)

§29. European Corn Borer.—The commissioner of agriculture may cooperate with the United States department of agriculture, and shall adopt and carry out such measures as he may deem advisable, to prevent or control the ravages of the insect commonly known as the European corn borer (pyrausta nubilalis, Hubn.). He may also establish and promulgate such quarantines and quarantine restrictions as he may deem necessary as to any areas affected by said pest or any areas in this State adjacent to any affected area, whether within or without the State, and may adopt, issue, and, through his authorized agents, enforce rules and regulations supplemental to such quarantines, including the right of said commissioner or his authorized agents to prohibit and prevent the movement within this State, without inspection, or the shipment or transportation in any manner whatsoever within this State, of any agricultural or horticultural product, or any other material whatsoever capable of carrying said pest in any living stage of its development, and may seize, possess and destroy any agricultural or horticultural product, or other material of any character whatsoever, shipped or transported in violation of such quarantine, or the rules and regulations supplemental thereto. Any person having in his possession or control any agricultural or horticultural product, or any other material known to be infested with such pest, shall immediately cause the same to be destroyed; and whenever any land in this State is infested with such pest, the owner or persons having control thereof shall, upon notice from the commissioner so to do, comply with such reasonable requirements as to special type of plowing or treatment, or other farm operation, as may be prescribed by said commissioner under the rules and regulations promulgated by him, and within the time limit prescribed by him.(1927, c. 25.)

§30. Requisitions for Expenditures.—Any appropriations made for carrying out the provisions of this article shall be expended upon properly itemized requisitions certified by the commissioner.(1915, c. 35, §22; 1917, c. 17, §21; Code 1923, c. 62A, §21.)

§31. Offenses; Penalties.—Any person violating any section of this article or any rule or regulation promulgated by the commissioner thereunder shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed one hundred dollars. Justices of the peace shall have concurrent jurisdiction with the circuit, criminal and intermediate courts to enforce the penalties prescribed by this article.(1915, c. 35, §§19, 20; 1917, c. 17, §§18, 19; Code 1923, c. 62A, §§18, 19.)

§1. Definitions.—The following words, as used in this article, or in any rule or regulation authorized thereunder, unless the context other wise requires or a different meaning is specifically prescribed, shall have the following meanings:

(a) “Commissioner,” the state commissioner of agriculture;

(b) “Inspector,” the state commissioner of agriculture, or any person duly authorized and employed to carry out any of the provisions of this article;

(c) “Communicable bee disease,” American or European foul brood or any other disease which is contagious or infectious in its nature, and injurious to honey bees in their eggs, larval, pupal or adult stages.(1917, c. 12, §1; 1921 c. 124, §1; Code 1923, c. 15D, §67.)

§2. Inspection; Treatment of Diseases; Destruction of Diseased Bees, Honey and Appliances.—The inspector shall, so far as practicable, upon information, examine all reported apiaries, and other apiaries in that locality not reported, to ascertain the existence of any communicable bee diseases, and if satisfied of the existence of any such diseases, he shall give the owner or person in charge of the diseased apiary full instructions how to treat them. The inspector shall visit all such diseased apiaries a second time after a period of ten days, and, if necessary, burn all colonies of bees that he may find not properly treated and cured of such disease, together with all honey and appliances which would spread disease.(1917, c. 12, §2; 1921, c. 124, §2; Code 1923, c. 15D, §68.)

§3. Duty to Report Diseases; Sale or Removal of Infected Bees or Honey Prohibited.—It shall be the duty of the owner or person in charge of any apiary wherein any communicable bee disease exists to at once notify the inspector of the existence of such disease, and it shall be unlawful for any person to sell, barter, give away or remove, without the consent of the inspector, any diseased bees (be they queens, workers or colonies), honey or appliances, or to expose other bees to the danger of such disease.(1917, c. 12, §3; 1921, c. 124, §3; Code 1923, c. 15D, §69.)

§4. Raising and Selling of Queen Bees; Using Honey in Mailing Cages.—It shall be unlawful for any person to sell or ship queen bees from any queen raising apiary, unless the same shall have been inspected at least twice during each summer season by an inspector, or to use honey in mailing cages for the transportation of bees, unless the same shall have been boiled for at least thirty minutes.(1917, c. 12, §5; 1921, c. 124, §5; Code 1923, c. 15D, §71.)

§5. Certificate Prerequisite to Sale or Transportation of Honey.—It shall be unlawful for any person to sell honey in this State to which is not attached a signed statement or certificate of the producer that the honey was drawn from apiaries free from communicable bee diseases, or to ship, bring or transport in any manner into this State bees or honey to which is no atttached a certificate of the inspector or duly authorized bees or honey originate, certifying that such bees are free from communicable bee diseases or that such honey was drawn from apiaries free from such diseases. It shall be unlawful for any transportation company to convey such bees or honey unaccompanied by such certificate.(1921, c. 124, §3a.)

§6. Enforcement.—The commissioner of agriculture shall have the authority to make and enforce such regulations as, in his judgment, may be necessary for the enforcement of the provisions of this article. In the enforcement of such regulations and the provisions of this article, the inspector shall have access to all apiaries or places where bees or honey are kept.(1917, c. 12, §4; 1921, c. 124, §4; Code 1923, c. 15D, §70.)

§7. Offenses; Penalties.—Any person who shall violate any of the provisions of this article, or any regulation made in pursuance thereof, or who shall resist or hinder in any way any officer, or his agents, in the discharge of their duties under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.(1917, c. 12, §4; 1921, c. 124, §4; Code 1923, c. 15D, §70.)

§1. Definition.—The term “commercial feeding stuffs,” as used in this article, or in any rule or regulation authorized thereunder, unless the context otherwise requires or a different meaning is specifically prescribed, shall mean all feeding stuffs used for feeding live stock and poultry, except whole seeds or grains, the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buck wheat, flaxseed, kafir and milo; whole hays, straws and corn stover, when unmixed with other materials, together with all other materials containing sixty per cent, or more, of water.(1919, c. 34, §1; Code 1923, c. 15D, §98; 1929, c. 48, §1.)

§2. Label of Feeding Stuffs.—Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within the State shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel;

(b) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market;

(d) The minimum per cent of crude protein;

(e) The minimum per cent of crude fat;

(f) The maximum per cent of crude fiber;

(g) The specific name of each ingredient used in its manufacture with a statement of the amount or per cent of each such ingredient as salt, charcoal, carbonate and phosphate of lime, grit and such inferior or objectionable materials as the commissioner may prescribe.

The crude protein, crude fat and crude fiber shall be determined by the methods in force at the time by the association of official agricultural chemists of the United States, and the names of ingredients shall be in accordance with the definitions of feeding stuffs of the association of feed control officials of the United States.(1919, c. 34, §2; Code 1923, c. 15D, §99; 1929, c. 48, §2.)

§3. Certificate of Registration; Tankage, Meat Meal or Scraps.—Every manufacturer who shall sell, offer or expose for sale, or distribute, in this State any commercial feeding stuff shall, before the same is sold, offered or exposed for sale, obtain from the commissioner of agriculture a certificate of registration for each brand of feed to be sold, offered or exposed for sale. The commissioner of agriculture shall have full power, and is hereby authorized and required, to cancel and withdraw any certificate upon satisfactory evidence that any rules and regulations covering the sale of commercial feeding stuffs has been violated by the holder of the same. The commissioner shall not issue any certificate of registration except upon the filing with the commissioner of a certified copy of the statement specified in section two of this article for each brand of commercial feeding stuffs, accompanied by a fee of five dollars for each brand, which moneys shall become a part of the general revenue of the State. All certificates so issued shall become null and void on June thirtieth next succeeding the issuance thereof. Tankage, meat meal or meat scrap shall not be sold in this State through dealers or otherwise, except under the regulations of government inspection of tankage, meat meal or meat scraps, and each container shall have a prescribed label from the bureau of animal industry in compliance with the act of congress of June thirtieth, nineteen hundred and six.(1919, c. 34, §3; Code 1923, c. 15D, §100; 1929, c. 48, §3.)

§4. Refusal or Cancellation of Registration.—The commissioner of agriculture shall have power to refuse to register any commercial feeding stuffs under a name, brand or trade-mark which would be misleading or deceptive or which would tend to mislead or deceive as to the materials of which it is composed, or when the specific name of each and all ingredients used in its manufacture are not stated, or when the amounts or percentages of materials as set forth in section two of this article are not certified: Provided, however, That the commissioner of agriculture shall refuse to register any mixed or commercial feed containing such inferior ingredients as sawdust, sweepings, damaged or salvaged feeds, cottonseed hulls, rice hulls, peanut hulls, buck wheat hulls, whole or ground, and such inferior material ground on hammer mills for deception, such as oat or wheat straw knuckles, stems, off-grade timothy, clover or any grasses or elevator sweepings, refuse, dust or alfalfa meal made from stalks, stems, knuckles or alfalfa hay unfit for commercial use, except alfalfa meal made from hay that will grade as choice number one of second or third cutting as provided by United States department of agriculture grading standards, and such other ingredients as the commissioner upon investigation may find to be harmful, or to have little, if any, feeding value. He shall also have the power to refuse to register more than one commercial feeding stuffs under the same name or brand when offered by the same manufacturer, jobber, importer, firm, association, corporation or person. Should any commercial feeding stuffs be registered in this State, and it is afterward discovered that such registration is in violation of any of the provisions of this article, the commissioner shall have the power to cancel such registration. The commissioner shall have the power to refuse to allow any manufacturer, importer, jobber, firm, association, corporation or person to lower the guar anteed analysis or change the ingredients of any brand of his or their commercial feeding stuffs during the term for which registered unless satisfactory reasons are presented for making such change.(1919, c. 34, §5; Code 1923, c. 15D, §102; 1929, c. 48, §4.)

§5. Duplicate Registration Not Require.—Whenever a manufacturer, importer, jobber, firm, association, corporation or person manu facturing or selling a brand of commercial feeding stuff shall have filed the statement required by section three and the same has been registered by the commissioner, no other agent, importer, jobber, firm, association, corporation or person shall be required to file for registry such statement for such brand.(1919, c. 34, §6; Code 1923, c. 15D, §103; 1923, c. 54, §103; 1929, c. 48, §5.)

§6. Feeding Stuffs Exempt From Registration and Tagging.—Any commercial feeding stuffs, manufactured and prepared from pure grain at any mill in this State and sold by the manufacturer thereof, shall not be required to be registered and tagged.(1919, c. 34, §12; Code 1923, c. 15D, §109.)

§7. Statements to be Furnished Purchasers.—Whenever any commercial feeding stuffs as defined in section one are offered or exposed for sale in bulk or otherwise stored, the manufacturer, importer, jobber, firm, association, corporation or person keeping the same for sale shall keep on hand cards upon which shall he printed the statement required by the provisions of section two, and when such feeding stuffs are sold at retail in bulk or in packages belonging to the purchaser, the manufacturer, jobber, firm, association, corporation or person shall furnish the purchaser, upon request, with a card or cards upon which appears the statement required by the provisions of section two.(1919, c. 34, §4; Code 1923, c. 15D, §101; 1923, c. 54, §101; 1929, c. 48, §6.)

§8. Annual Examination and Analysis of Feeding Stuffs.—The commissioner of agriculture shall annually cause to be analyzed at least one sample of every commercial feeding stuff that is found, sold, offered or exposed for sale, or distributed in this State. The methods of analysis shall be those in force at the time by the association of official agricultural chemists of the United States. The commissioner shall publish annually, in pamphlet or bulletin form, the result of all analyses and other examinations required by this section, for the guidance of purchasers of commercial feeding stuffs in this State.(1919, c. 37, §7; Code 1923, c. 15D, §104; 1929, c. 48, §7.)

§9. Commissioner of Agriculture to Enforce Article; Rules and Regulations; Authority to Enter on Premises.—The commissioner of agriculture shall enforce the provisions of this article, and prescribe and enforce such rules and regulations as he may deem necessary to effectuate the same. The commissioner, in person, or by deputy, shall have free access to all places of business, mills, buildings, carriages, cars, vessels, and parcels of whatsoever kind used in the manufacture, transportation, importation, sale or storage of any commerical feeding stuffs, with power and authority to open any parcel containing or supposed to contain any commercial feeding stuffs, and, upon tender and full payment of the selling price, to take therefrom samples for analysis.(1919, c. 34, §§7, 10; Code 1923, c. 15D, §§104, 107; 1923, c. 54, §107; 1929, c. 48, §8.)

§10. Prosecutions.—Whenever it appears to the commissioner, or his deputy, that any of the provisions of this article have been violated, the commissioner shall certify the facts to the proper prosecuting attorney, and furnish him with a copy of the results of the analysis or other examination of such feeding stuffs, duly authenticated by the analyst or other officer making the examination under the oath of such officer: Provided, That if it shall appear from any such examination that any of the provisions of this article have been violated, the commissioner shall cause notice to be given to the manufacturer or dealer from whom such sample was taken. Any party so notified shall be given an opportunity to be heard in his defense, under such rules and regulations as may be prescribed by the commissioner, before the facts shall be certified to the proper prosecuting attorney.(1919, c. 34, §8; Code 1923, c. 15D, §105; 1929, c. 48, §9.)

§11. Offenses; Penalties.—Any manufacturer, importer, jobber, firm, association, cor poration or person, who shall sell, offer or expose for sale, or distribute, in this State, any commercial feeding stuffs without having attached thereto or furnished therewith such labels or tags, as required by this article, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the commissioner or his authorized agent in the performance of his duty in connection with the provisions of this article, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs as defined in section one without complying with the requirements of the provisions of this article; or who shall sell, offer, or expose for sale or distribute in this State any commercial feeding stuffs which contain a smaller per cent of crude protein or crude fat, or a larger per cent of crude fiber than is certified to be contained therein, or who shall fail properly to state the specific name of each and every ingredient used in its manufacture, and the amount or per centage of each and every inferior ingredient as set forth in section two of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars for the first violation, and not less than one hundred nor more than two hundred dollars for each subsequent violation.(1919, c. 34, §9; Code 1923, c. 15D, §106; 1923, c. 54, §106; 1929, c. 48, §10.)

§1. Definitions.—The word “fertilizer,” as used in this article, or in any rule or regulation authorized thereunder, unless the context other wise requires or a different meaning is specifically prescribed, shall mean any article, substance or mixture applied to the soil for the purpose of increasing the productiveness thereof, excepting only the dung of domestic animals when sold as such without brand, name or trade-mark, and all forms of agricultural lime and bacterial preparations when sold with or with out brand, name or trade-mark.(1917, c. 44, §1; Code 1923, c. 62B, §1; 1923, c. 52, §1.)

§2. Filing Certificate for Registry; Duplicate Registry Not Required.—Every person who shall sell, offer or expose for sale in this State any fertilizer shall, before the same is sold, offered or exposed for sale, file for registry with the commissioner of agriculture an affidavit clearly and truly setting forth:

(a) The name, brand or trade-mark under which the fertilizer is to be sold;

(b) The name and address of the manufacturer, jobber or importer and the place of manufacture;

(c) The composition of the fertilizer, including the percentage of every constituent relied upon as contributing to the value of the fertilizer and the materials from which such constituents are derived. The statements as to materials shall be quantitative.

Such affidavit shall be filed annually, but may be filed at any time for the calendar year, and may be filed in the month of December for the year following: Provided, That when the manufacturer, jobber or importer shall file the affidavit required by this section, no agents or dealers selling the same fertilizer for him under his name and brand shall be required to file such affidavit.(1891, c. 72, §2; 1901, c. 97, §§2, 3, 5; 1917, c. 44, §2; Code 1923, c. 62B, §2; 1923, c. 52, §2.)

§3. Fertilizer Prohibited From Sale or Registry.—No person shall sell, offer or expose for sale, nor shall any person be allowed to register, any fertilizer, unless the same contains twelve per cent, or more, of total available plant food: Provided, That animal manures and animal tankage, when sold with brand, name or trade-mark, may be registered and sold without containing the minimum requirements of twelve per cent total available plant food.(1923, c. 52, §2.)

§4. Statement to be Attached to Fertilizer Package.—Every bag, barrel or other package of fertilizer sold, offered or exposed for sale in this State shall have branded thereon or conspicuously attached thereto a statement showing:

(a) That the manufacturer, jobber or importer has complied with the provisions of this article;

(b) The name, brand or trade-mark of the fertilizer;

(c) The net weight of the package;

(d) The name and address of the manufacturer;

(e) The guaranteed analysis of the fertilizer and a quantitative statement of the materials from which each of the constituents is derived as set out in the affidavit required in section two of this article.(1879, c. 25, §1; 1891, c. 72, §1; 1901, c. 97, §1; 1917, c. 44, §3; Code 1923, c. 62B, §3; 1923, c. 52, §3.)

§5. Fertilizer Exempted From Article.—The provisions of this article shall not apply to fertilizer materials sold to fertilizer manufacturers to be prepared or treated by them and resold.(1917, c. 44, §3; Code 1923, c. 62B, §3; 1923, c. 52, §3.)

§6. Analysis of Fertilizer.—The commissioner of agriculture, in person or by deputy, shall take samples of any fertilizer on sale in this State and shall cause such samples to be analyzed according to the methods of the association of official agricultural chemists, official at the time, and publish the results of analyses from time to time. Any purchaser of fertilizer within the State may take a sample of the same, in accordance with such rules and regulations as the commissioner may establish, and forward the sample for analysis, and if the commissioner has reason to believe that the fertilizer from which the sample is taken is not as guaranteed in the statement attached to such fertilizer, he shall cause the sample to be analyzed free of charge and certify the result of the analysis to the person forwarding such sample.(1879, c. 25, §3; 1891, c. 72, §8; 1901, c. 97, §8; 1917, c. 44, §4; Code 1923, c. 62B, §4; 1923, c. 52, §4.)

§7. Enforcement Powers of Commissioner.—The enforcement of the provisions of this article shall be vested in the state department of agriculture, and the commissioner of agriculture is authorized to make and enforce such rules and regulations as may be necessary to carry out the intent and purposes of this article. The commissioner is authorized, in person or by deputy, to enter, during business hours, any store room or other place where fertilizers are sold, offered or exposed for sale for the purpose of taking samples therefrom for analysis.(1891, c. 72, §8; 1901, c. 97, §8; 1917, c. 44, §§4, 5; Code 1923, c. 62B, §§4, 5; 1923, c. 52, §§4, 5.)

§8. Violations to be Reported to Prosecuting Attorney.—The commissioner of agriculture shall promptly report to the prosecuting attorney of the county in which the offense was committed any violations of this article and all failures to comply therewith.(1891, c. 72, §14; 1901, c. 72, §14; 1917, c. 44, §5; Code 1923, c. 62B, §5; 1923, c. 52, §5.)

§9. Offenses; Penalties.—Any person who shall sell, offer or expose for sale any fertilizer without first having filed the affidavit required by section two of this article, or without having branded on or attached to the bag, barrel or other package containing such fertilizer the statement required by section four of this article, or any fertilizer containing less than twelve per cent of total available plant food, or who shall receive or remove any fertilizer without its having been registered or branded as required by this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than one hundred dollars for the first offense, and not less than fifty nor more than five hundred dollars for each subsequent offense.(1891, c. 72, §§10, 11, 12, 13; 1901, c. 97, §§10, 11, 12, 13; 1917, c. 44, §§5, 6; Code 1923, c. 62B, §§5, 6; 1923, c. 52, §§5, 7.)

§1. Definitions.—The following words, as used in this article, or in any rule and regulation authorized thereunder, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings:

(a) “Agricultural seeds,” the seeds of Canada blue grass, Kentucky blue grass, brome grass, fescues, kafir corn, millet, tall meadow oat grass, sorghum, Sudan grass, timothy, alfalfa, soybeans, alsike clover, crimson clover, red clover, white sweet clover, yellow sweet clover, Canada field peas, cow peas, vetches and other grasses and forage plants, buckwheat, flax, rape, barley, corn, oats, rye, wheat, vegetable seeds which are commonly known as “vegetable seeds” and which are of the kind used for the purpose of raising garden and truck crops, and other seeds which may be defined by the commissioner of agriculture as agricultural seeds, which are sold, stored, offered or exposed for sale or distribution, or had in possession with intent to sell with in this State for seeding purposes;

(b) “Noxious seeds,” the seeds or bulblets of any of the following plants: Wild onion (allium vineale), Johnson grass (sorghum halapense), quack grass (agropyron repens), dodder (cuscuta spp.), Canada thistle (carduus arvensis), hawk weed (hieracium spp.), sow thistle (sonchus spp.), buckhorn (plantago lanceolata), English charlock or wild mustard (brassica arvensis), corn cockle (agrostemma githago), ox-eye daisy (chrysanthemum leucanthemum), Indian mustard (brassica juncea), star thistle (centaurea solstitialis), wild carrot (daucus carota), galinsoga (galinsoga parviflora), and such other weeds as the commissioner of agriculture may determine to be noxious and a menace in West Virginia: Provided, however, That prior to the promulgation of the order defining that any weed seed or seeds are noxious within the definition of this article, a public hearing upon due notice thereof shall be given to persons affected by such order, at which hearing such persons may appear in person or by attorney: Provided further, That the order determining that any weed seed or seeds shall be deemed to be noxious shall not be effective until six months after the promulgation and publication of such order;

(c) “Weed seeds,” all seeds, and bulblets of noxious weeds, and, in addition thereto, all seeds other than agricultural seeds;

(d) “Foreign seeds,” any noxious or weed seeds, or any agricultural seeds other than the particular kind or variety of agricultural seeds represented as being the contents of a package or container of agricultural seeds;

(e) “Inert matter,” sand, dirt, sticks, stones, chaff, broken seeds and any other matter not included under “foreign seeds.”(1915, c. 36; 1919, c. 103, §§1, 2, 8; Code 1923, c. 15D, §§43, 44, 50; 1927, c. 26, §1.)

§2. Label of Seeds by Seller.—Every lot of agricultural seeds and vegetable seeds as defined in section one of this article, except as herein otherwise provided, when sold, stored, offered or exposed for sale or distributed in this State in bulk, packages or other containers of one pound or more, shall have affixed thereto, in a conspicuous place, on the exterior of the container of such agricultural seeds, a plainly written or printed tag, or label, in the English language, stating:

(a) Commonly accepted name of the kind and variety of such agricultural seeds;

(b) The approximate percentage, by weight, of purity, meaning the freedom of such agricultural seeds from foreign seeds and inert matter;

(c) The approximate total percentage, by weight, of weed and foreign seeds;

(d) The name and approximate number per ounce of each kind of the seeds or bulblets of the noxious weeds listed in subdivision (b), section one of this article, as follows:

(1) In excess of one such seed or bulblet in each five grams of timothy, red top, tall meadow oat grass, orchard grass, Canada blue grass, Kentucky blue grass, fescues, brome grasses, perennial and Italian rye grasses, western rye grass, crimson clover, red clover, white clover, alsike clover, sweet clover, alfalfa, and all other grasses and clovers not otherwise classified,

(2) In excess of one such seed or bulblet in each twenty-five grams of millet, rape, flax and other seeds not classified in paragraphs one (1) or three (3) of this subdivision,

(3) In excess of one such seed or bulblet in each one hundred grams of oats, rye, barley, buckwheat, vetch and other seeds as large as, or larger than, wheat;

(e) The approximate percentage of germination, together with the month and year such seed was tested;

(f) The full name and address of the seeds man, importer, dealer or agent, or other person, firm or corporation, selling, offering or exposing for sale or distribution such agricultural seeds in this State for seeding purposes.(1915, c. 36; 1919, c. 103, §2; Code 1923, c. 15D, §44; 1927, s, c. 26, §2.)

§3. Label Requirements of Mixtures.—Mixtures, when in bulk, packages, or other containers of one pound or more, containing not more than two kinds of agricultural seeds in excess of five per cent by weight of the total mixture, shall have affixed thereto, in a conspicuous place on the exterior of the container of such mixture, a plainly written or printed tag, or label, in the English language stating:

(a) That such seed is a mixture;

(b) The name and percentage of each kind of agricultural seed present in such mixture in excess of five per cent by weight of the total mixture;

(c) The approximate total percentage by weight of weed seeds as defined in subdivision (c), section one of this article;

(d) The name and approximate number per ounce of each kind of seeds or bulblets of the noxious weeds listed in subdivision (b), section one of this article, which are present singly or collectively in excess of one seed or bulblet in each fifteen grams of such mixture;

(e) The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of five per cent by weight, together with the month and year in which the seed was tested;

(f) The full name and address of the seeds man, importer, dealer, agent, or other person, selling, offering or exposing for sale or distribution, such mixture in this State for seeding purposes.(1915, c. 36; 1919, c. 103, §3; Code 1923, c. 15D, §45; 1927, c. 26, §3.)

§4. Label Requirements of Special Mixtures.—Mixtures other than those defined in section three of this article, when in bulk, packages or other containers of one pound or more, shall have affixed thereto in a conspicuous place on the exterior of the container of such mixture, a plainly written or printed tag, or label, in the English language stating:

(a) That such seed is a special mixture;

(b) The name and percentage of each kind of agricultural seed present in such mixture in excess of five per cent by weight of the total mixture;

(c) The approximate total percentage by weight of weed seeds as defined in subdivision (c), section one of this article;

(d) The name and approximate number per ounce of each kind of the seeds or bulblets of the noxious weeds listed in subdivision (b), section one of this article, which are present singly or collectively in excess of one seed or bulblet in each fifteen grams of such mixture;

(e) The full name and address of the seeds man, importer, dealer, agent, or other person, selling, offering or exposing for sale or distribution, such mixture in this State for seeding purposes.(1915, c. 36; 1919, c. 103, §4; Code 1923, c. 15D, §46; 1927, c. 26, §4.)

§5. Inconsistent Label Statements.—No statements regarding the quality of such agricultural seeds or mixtures, if inconsistent with the requirements of this article, shall be written or printed on the tag or label required by this article, or placed inside, or affixed to any container, or bulk, of agricultural seeds or mixtures sold, offered or exposed for sale or distribution, or held in possession with intent to sell, within the State for seeding purposes.(1915, c. 36; 1919, c. 103, §6; Code 1923, c. 15D, §48; 1927, c. 26, §5.)

§6. Shipping Requirements.—Agricultural seeds shipped to any point in this State for seeding purposes shall be subject to the provisions and requirements of this article, and transportation companies shall be required to see that all such agricultural seeds carried by them are tagged or labeled as provided in this article.(1915, c. 36; 1919, c. 103, §7; Code 1923, c. 15D, §49; 1927, c. 26, §6.)

§7. Seeds Exempt From Provisions of Article.—The provisions of this article shall not apply to the following seeds:

(a) Agricultural seed, or mixtures of the same, when plainly marked on the outside of the container “not clean seed,” or “not tested seed,” provided such seed or mixtures are sold to, or held by, merchants to be recleaned before being offered or exposed for sale or distribution upon the general market;

(b) Cereals or other agricultural seed when sold exclusively for manufacturing, food or feeding purposes, unless sold, offered or exposed for sale or distribution under variety names;

(c) Seed sold directly to and in the presence of the consumer and taken from a container properly labeled in accordance with the provisions of this article, unless the consumer shall, at the time of sale, request that the seller furnish the statement required by this article.

The provisions of this article shall not apply to the sale of seed that is grown by any farmer on his own premises, and by him sold and delivered thereon to the purchaser, to be used by the latter for seeding purposes, unless such pur chaser obtains from the seller at the time of the sale thereof, a certificate that the seed is sold by him subject to the provisions of this article.(1915, c. 36; 1919, c. 103, §§2, 5; Code 1923, c. 15D, §§44, 47; 1927, c. 26, §7.)

§8. Inspection and Testing of Seeds.—It shall be the duty of the commissioner of agriculture, either by himself or his analysts, inspectors or assistants, to inspect, examine and make analysis of, and test, any agricultural seed stored, sold, or offered for sale or distribution in this State for seeding purposes, at such time and place and to such extent as he may determine. The sample of the seed to be tested or analyzed shall be throughly mixed and divided into two samples of at least two ounces each and securely sealed. One of the samples shall be left with or on the premises of the vendor, or party in interest, and the other retained by the commissioner, analyst, inspector, or assistant, for analysis. The methods of examination and testing shall be those in force at the time by the official seed analysts of North America.(1915, c. 36; 1919, c. 103, §11; Code 1923, c. 15D, §53; 1927, c. 26, §8.)

§9. Commissioner to Publish Result of Seed Tests and List of Weed Seeds.—In case the sample drawn as herein provided, upon test and analysis, is found to fall more than a reasonable tolerance below the statement of the tag or label attached to the lot from which such sample was secured, or to violate any of the provisions of this article, the vendor or consignee of such lot of seed shall be notified and a copy of such notice mailed to the person whose tag or label was found affixed thereto, and it shall be the duty of the commissioner of agriculture to publish, or cause to be published, at least once a year, the results of the examination, analysis and test of any sample of agricultural seeds, or mixtures of such seeds. Such publication shall contain a list of the names of the seeds that have been defined by the commissioner as weed seeds, and may contain such other information as the commissioner may deem advisable.(1915, c. 36; 1919, c. 103, §12; Code 1923, c. 15D, §54; 1927, c. 26, §9.)

§10. Inspection of Seeds for Citizens.—Any citizen of this State shall have the privilege of submitting to the commissioner of agriculture samples of agricultural seeds for test and analysis, subject to such rules and regulations as may be adopted by the commissioner.(1915, c. 36; 1919, c. 103, §18; Code 1923, c. 15D, §56d; 1927, c. 26, §10.)

§11. Seeds Prohibited for Sale.—Agricultural seeds, as defined in section one of this article, or mixtures of the same, shall be considered unfit for seeding purposes and are hereby prohibited from being sold, offered, or exposed for sale or distribution within this State for seeding purposes when:

(a) Such agricultural seeds or mixtures contain the following weed seeds: Quack grass, Canada thistle, dodder species, or perennial sow thistle in excess of one seed in five grams;

(b) Such agricultural seeds or mixtures contain more than three per cent by weight of weed seeds.(1915, c. 36; 1919, c. 103, §8; Code 1923, c. 15D, §50; 1927, c. 26, §11.)

§12. Enforcement; Power to Enter on Premises and Take Samples; Seizure of Seeds Not Complying With Law.—The enforcement of the provisions of this article is hereby placed in the department of agriculture under the supervision of the commissioner of agriculture who shall maintain a laboratory with necessary equipment, appoint such analysts, inspectors and assistants, and make and enforce such rules and regulations as may be necessary to carry out the provisions of this article. The commissioner, analysts, inspectors, or assistants, shall have free access, at all reasonable hours, upon and into any premises, or structures, to make examination of any agricultural seeds, whether such seeds are upon the premises of the owner or consignee of such seeds, or on the premises or in the possession of any warehouse, elevator, railway or steamship company, and he is hereby given authority in person, or by his analysts, inspectors, or assistants, upon notice to the dealer, his agent, or the representative of any warehouse, elevator, railway or steamship company, if present, to take for analysis a sample of such agricultural seed from a parcel, package, lot or other container, or number of parcels, packages, lots or other containers. The commissioner of agriculture may cause to be seized and held any lot of agricultural seeds found to violate any of the provisions of this article until the law has been complied with or the violation otherwise disposed of.(1915, c. 36; 1919, c. 103, §§10, 11, 17; Code 1923, c. 15D, §§52, 53, 56c; 1927, c. 26, §12.)

§13. Offenses; Penalties.—Any person who shall sell, offer or expose for sale or distribution, or have in possession with intent to sell, within this State, any agricultural seeds or mixture for seeding purposes, without complying with the requirements of this article, or who shall sell, offer or expose for sale or distribution, or have in possession with intent to sell, within this State, any agricultural seeds or mixtures for seeding purposes, which are improperly or falsely labeled, or which do not meet the requirements of section eleven of this article, or who shall improperly or falsely mark or label any such seed or mixture, or who shall interfere in any way with any officer in the discharge of his duties under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.(1915, c. 36; 1919, c. 103, §§9, 13, 17; Code 1923, c. 15D, §§51, 55, 56c; 1927, c. 26, §13.)

§14. Prosecutions.—If the commissioner of agriculture shall find, upon examination, analysis or test, that any person has violated any of the provisions of this article, he or his duly authorized agent may institute proceedings in a court of competent jurisdiction to have such person convicted thereof, or the commissioner of agriculture, in his discretion, may report the results of such examination to the prosecuting attorney of the county in which such violation occurred, together with the sworn statement of the analyst, duly acknowledged, and such evidence of said violation as he shall deem necessary.(1915, c. 36; 1919, c. 103, §13; Code 1923, c. 15D, §55; 1927, c. 26, §14.)

§15. Expenses of Enforcement.—Such salaries and expenses as may be necessary for the proper enforcement of the provisions of this article shall be paid, by warrant upon the auditor of this State, and countersigned by the commissioner of agriculture, out of the appropriation to defray the expenses of the department of agriculture. The commissioner of agriculture shall keep an accurate account of the expenses necessary to a proper enforcement of this article, and shall make full report of the working of this article, together with the necessary costs for the enforcement of the same, in his report to the governor.(1915, c. 36; 1919, c. 103, §19; Code 1923, c. 15D, §56e; 1927, c. 26, §15.)

§16. Liability in Damages for Impure Seed; Measure of Damages.—Any person selling or furnishing agricultural seed or mixtures of the same, whose name appears on any tag or label required by this article, shall, in addition to the penalties imposed by this article, be liable to any one sustaining damages by reason of the failure of such seed or mixture to measure up to the standard required by this article, or the improper or false labeling of such seed or mixture, or the violation of any of the provisions of this article, notwithstanding any statement disclaiming liability that may be made by such seller or any waiver that may be signed by such purchaser. The measure of damages in every such action shall be confined to the actual damage sustained for the amount of the purchase price of the seeds used, the amount for labor expended in sowing, planting or cultivating the same, and a reasonable amount as rental for the land used.(1915, c. 36; 1919, c. 103, §§14, 16; Code 1923, c. 15D, §§56, 56b; 1927, c. 26, §16.)

§17. Commissioner of Agriculture Process Agent of Nonresident Sellers of Seed; Venue; Process.—The commissioner of agriculture is hereby made an attorney in fact for any person engaged in the business of selling agricultural seeds within this State, who resides out of the State, or in a different county of the State from the buyer, to accept service for such person, or upon whom service may be had, of process instituting any action or proceeding in any court of this State for the recovery of damages pursuant to the provisions of the next preceding section of this article. Suit may be instituted in any court of competent jurisdiction of this State in the county where the buyer resides or where the sale was made. The clerk of the court shall issue an original summons, and a copy to be served on the commissioner of agriculture, and he shall, in addition to such original and copy, issue as many copies of such summons as there are defendants, and it shall be the duty of the commissioner of agriculture to mail a copy of the same to each defendant at his last known address.(1919, c. 103, §15; Code 1923, c. 15D, §56a; 1927, c. 26, §17.)

§1. Definition of Lawful Fence.—Every fence of the height and description hereinafter mentioned shall be deemed a lawful fence as to any horses, mules, ass, jennet, cattle, sheep, swine or goats, which could not creep through the same, that is to say:

(a) If built of common rails, known as the worm fence, four and one-half feet high;

(b) If built with posts and rails, or posts and plank, or pickets, four feet high;

(c) If built with stone, two feet wide at base, and three and one-half feet high;

(d) If a hedge fence, four feet high. If any hedge fence be built upon a mound, the same from the bottom of the ditch shall be included in estimating the height of such fence;

(e) If built with posts and wire, or pickets and wire, five feet high, and shall consist of not less than six strands, the first strand five inches, the second strand ten inches, the third strand seventeen inches, the fourth strand twenty-five inches, the fifth strand thirty-six inches, and the sixth strand forty-eight inches from the ground; and if with more than six strands, the space between the strands shall in no case be greater than hereinbefore provided. The space between the posts shall, in no case, be greater than sixteen feet.

All fences heretofore built under the existing law and in compliance therewith shall be and remain and may be kept up as lawful fences.(Code 1868, c. 60, §1; 1872-3, c. 148, §1; 1882, c. 115, §1; 1883, c. 32, §1; 1891, c. 64, §1; 1895, c. 35, §1; Code 1923, c. 60, §1.)

§2. Rivers and Streams as Lawful Fences Establishment or Discontinuance.—All rivers and streams, and parts thereof, within this State, which are lawful fences at the time this takes effect, under existing laws, shall continue such until otherwise ordered by the county court of the county. The county court of any county, upon the written application of any owner or tenant of lands on any river or stream in such county, or which constitutes a boundary line thereof, may, in its discretion, by order entered of record, declare and establish such river or stream, or any part of either, a lawful fence as to any stock named in section one of this article. Notice of the application shall be given by posting a copy thereof at the front door of the courthouse of the county and by publishing the same for three successive weeks in some newspaper published in the county, or, if there be no such newspaper, then in some newspaper of general circulation in the county. Any person interested may appear and oppose such application. The county court may, upon like application and notice of any person, annul or amend any order made by said court establishing any river or stream, or any part of either, as a lawful fence; but such order shall not be made within one year from the date of the order sought to be annulled or amended, and shall not take effect until six months after it is made.(Code 1868, c. 60, §2; 1872-3, c. 148, §2; 1882, c. 115, §2; Code 1923, c. 60, §2.)

§3. Hedge Fence.—All hedge fences along public roads, or division hedge fences between farms or on any land or premises, shall be kept trimmed so that their branches shall not extend into the public road, or upon the lands of an adjoining owner, more than eighteen inches over the dividing line. For failure to keep the hedge fence so trimmed, after ten days’ notice in writing by the county engineer or supervisor of roads, or by parties owning the adjoining land or premises, the owner shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one dollar for each day such fence shall remain untrimmed after the ten days’ notice expires.(1901, c. 6, §1; Code 1923, c. 60 §4a.)

§4. Partition Fence; Liability for Trespass of Animals.—All partition fences shall be lawful fences, unless otherwise agreed upon by the adjoining owners by a writing executed in duplicate and duly acknowledged, in which case, if such fence be kept in good repair, there shall be the same liability for damages occasioned by trespass of animals owned by said adjoining owners as if such fence were a lawful fence.

§5. Apportionment of Construction and Maintenance of Partition Fence.—Where two or more persons have lands adjoining, each of them shall make and maintain a just proportion of the partition fence between them, unless the lands, or portion thereof, of the adjoining owner are uninclosed and not used for residential, agricultural or grazing purposes, in which case the owner thereof may elect to let such lands, or the portion thereof uninclosed and not so used, lie open.(Code 1868, c. 60, §4; 1872-3, c. 148, §4; Code 1923, c. 60, §4.)

§6. Sharing Cost of Constructed Fences.—Where a person has chosen to let his land lie open, if he shall afterwards inclose or use such land, or portion thereof, for residential, agricultural or grazing purposes, he shall refund to the adjoining owner a just proportion of the value of the partition fence adjoining such lands, or portion thereof, inclosed or so used that shall have been made by such adjoining owner, regardless of whether or not such fence at the time is a lawful fence.(Code 1868, c. 60, §5; 1872-3, c. 148, §5; Code 1923, c. 60, §5.)

§7. Notice of Intention to Build or Repair Partition Fence.—Any person desiring to build a partition fence, or to repair the same when it is not a lawful fence, may give notice in writing to the proprietor of any adjoining lands, or to his agent, of his intention to build or repair such fence and requiring him to build or repair his just portion thereof, which notice shall, in case such fence is to be built, state the kind and description of such fence proposed to be built. The party so served with such notice shall, within ten days thereafter, in case his lands, or portion thereof, are uninclosed and not used for residential, agricultural or grazing purposes, and he elects to let such lands, or portion thereof uninclosed and not so used, lie open, serve written notice of such election on the party desiring to build or repair such fence, and upon his failure so to do he shall be liable to the party building or repairing such partition fence for his just proportion of the expenses thereof in case he fails to build or repair the same.(Code 1868, c. 60, §10; 1872-3, c. 148, §10; Code 1923, c. 60, §10.)

§8. Disputes Relating to Partition Fences.—If a dispute arises between the owners of adjoining lands concerning the proportion or particular part of a fence to be built or maintained by either of them, or the amount to be paid by one party to the other for any fence already built or maintained, or the kind of fence to be built and maintained by the parties, or any other matters relating to the building or maintenance of a partition fence between them, such dispute shall be settled by three freeholders to be agreed upon by them as arbitrators; and, if they cannot agree, by three disinterested free holders to be appointed as arbitrators by the county court on motion of either party, after reasonable notice to the other.(Code 1868. c. 60, §§6, 7; 1872-3, c. 148, §§6, 7; Code 1923, c. 60, §§6, 7.)

§9. Arbitration; Recovery of Amount Ascertained by Arbitrators.—The arbitrators so selected shall examine the premises and hear the allegations and proofs of the parties, and the decision of any two of them shall be final and bind the parties to such dispute and all parties holding or claiming under them. The decision of the arbitrators shall be reduced to writing and shall contain a description of the fence to be built or kept in repair, or both, and of the proportion to be maintained by each party, which decision shall forthwith be filed in the office of the clerk of the county court, and recorded in a book kept by the clerk for that purpose. Any amount ascertained by the arbitrators to be paid by one party to the other may be recovered in any court having jurisdiction of the case.(Code 1868, c. 60, §§7, 8, 9; 1872-3, c. 148, §§7, 8, 9; Code 1923, c. 60, §§7, 8, 9.)

§10. Liability of Owners Who Have Been Allotted Part of Partition Fence.—When each of the adjoining owners of a partition fence has been allotted a particular part thereof to maintain, and either owner fails or refuses to keep in good repair the part of such fence so allotted to him, he shall be liable in damages to the adjoining owner for all damages occasioned by animals kept by him trespassing on such adjoining premises as a result of such failure or refusal to repair. The adjoining owner may serve written notice on the owner whose duty it is to keep his part of such fence in repair, requiring him to repair the same, and if such owner fails or refuses so to do within ten days after the service of such notice, the adjoining owner may repair such part of the fence, and the owner whose duty it is to keep the same in repair shall be liable to him for all the expenses of such repair.

§11. Presumptions as to Fence.—In any controversy in which the sufficiency of a fence under the provisions of this chapter shall come in question, it shall be presumed that the same was, at the time to which such controversy relates, a lawful fence and in good condition and repair, unless the contrary be proven.(Code 1868, c. 60, §11; 1872-3, c. 148, §11; Code 1923, c. 60, §11.)

§1. Stock Trespassing on Inclosed Grounds; Damages.—If any horse, mule, ass, jennet, cattle, sheep, swine, or goat shall enter into any grounds inclosed by a lawful fence, the owner or manager of any such stock shall be liable to the owner or tenant of such grounds for any damage he may sustain thereby, and the party so injured may, if he find such stock on his premises, impound them, or a sufficient number thereof, subject to the provisions of sections eight, nine and ten of this article, until such damages and costs of keeping have been paid.(Code 1860, c. 99, §8; Code 1868, c. 60, §3; 1872-3, c. 148, §3; 1882, c. 115, §3; 1917, c. 31, §3; 1919, c. 59, §3; Code 1923, c. 60, §3.)

§2. Unlawful Running at Large of Stock on Road or Railroad Right of Way.—It shall be unlawful for any horse, mule, ass, jennet, cattle, sheep or goat to run at large on any public road or highway or railroad right of way, and should any such stock injure or destroy the property of another while so running at large, the owner or manager thereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than ten dollars.(1917, c. 31, §3; 1919, c. 59, §3; Code 1923, c. 60, §3.)

§3. Unlawful Running at Large of Certain Male Animals and Swine.—It shall be unlawful for any stallion, jack or bull over one year old, buck sheep over four months old, buck goat over six months old, or swine, to run at large, and the owner or manager of any such stock running at large shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than ten dollars.[1882, c. 131, §1; Code 1913, c. 60, §3bl (Ser. §3420); 1929, c. 67.]

§4. Unlawful Running at Large of Stock of Nonresidents of State.—It shall be unlawful for any horse, mule, ass, jennet, cattle, sheep, swine, or goat owned by any person not a citizen of this State to run at large in this State.[1882, c. 173, §3; Code 1913, c. 60, §llaIII (Ser. §3436)

§5. Liability of Owner for Damage by Stock Unlawfully Running at Large.—Should any stock, while running at large contrary to the provisions of sections two, three or four of this article, injure or destroy the property of another, the owner or manager of any such stock shall, notwithstanding any penalty imposed by said sections, be liable to the party whose property shall have been injured or destroyed for the amount of damage sustained by him by reason of such injury or destruction. And the party so injured may, if he find such stock on his premises, impound them, or a sufficient number thereof, subject to the provisions of sections eight, nine and ten of this article, until such damages and costs of keeping be paid.(1917, c. 31, §3; 1919, c. 59, §3; Code 1923, c. 60, §3; 1929, c. 67.)

§6. Impounding Stock Unlawfully Running at Large.—It shall be lawful for any person finding any stock running at large contrary to the provisions of sections two, three or four of this article, to impound such stock, subject to the provisions of sections eight, nine and ten of this article, until the costs of keeping such a stock be paid.[1882, c. 131, §1; Code 1913, c. b 60, §3bl (Ser. §3420).]

§7. Forcible Retaking of Impounded Stock; Penalty.—Any person who shall forcibly take a possession of any stock impounded under the provisions of sections one, five or six of this article, or section one of article nineteen of this chapter, without paying the amount therein allowed the person so impounding such stock, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than fifty dollars.[1882, c. 131, §3; Code 1913, c. 60, §3bIII (Ser. §3422)

§8. Impounding Stock When Owner Is Known Resident of State; Arbitration of Damages; Right to Sell Impounded Stock.—If the owner of any stock impounded under the provisions of this article, or article nineteen of this chapter, be a resident of this State and known to the person impounding the stock, such person shall, within three days from the date thereof, serve written notice on such owner stating therein, (a) the stock impounded, setting forth the number of each kind and the natural or artificial marks of each one of every kind, (b) the date such stock was taken up, (c) the place where impounded, (d) the cause for impounding the stock, and (e) the amount claimed as damages, if any, by reason of the injury or destruction of property by such stock and the costs for keeping the same, for which such person shall be entitled to an amount not to exceed that allowed a sheriff for keeping similar stock. If the owner considers the amount claimed excessive, he shall forthwith serve written notice on the person impounding the stock that he has appointed one freeholder, naming him, to ascertain the injury and damages sustained and the costs for keeping the stock. The person impounding the stock shall forthwith appoint one freeholder, and the two thus appointed shall ap point a third. Should either party fail or re fuse to make such appointment within twenty-four hours after being notified so to do, any justice of the county may do so on application of either party. The freeholders appointed shall act as arbitrators and, after being duly sworn, shall ascertain the injury and damages sustained, if any, and the costs for keeping such stock. The decision of any two of the arbitrators shall be final and shall be reduced to writing and a copy thereof furnished to each of the parties. Each arbitrator shall be allowed a fee of two dollars for his services, which shall be paid by the party against whom the decision is made. Within three days after the arbitrators have rendered their decision, or, in case no arbitration is demanded by the owner, within three days from the service of the first notice required by this section, the person impounding the stock shall advertise and sell the same as provided in section ten of this article, unless the damages and costs be sooner paid.

§9. Impounding Stock When Owner Is Unknown or a Nonresident of the State.—If the owner of any stock impounded under the provisions of this article, or article nineteen of this chapter, be a nonresident of this State, or unknown to the person impounding such stock, such person shall, within three days from the date thereof, appear before a justice of the peace of the county wherein the stock was taken up and make and file his affidavit, setting forth therein the facts required in the first notice provided in section eight of this article and that the owner of the impounded stock is a non resident of this State, or is unknown to the affiant, and within twenty-four hours thereafter shall advertise the impounded stock for sale and sell the same as provided in section ten of this article, unless the damages and all costs be sooner paid. Any person claiming right or ownership to such stock may appear before such justice and file his affidavit showing that he is the lawful owner of the stock or entitled to possession thereof, and, at any time before sale, upon presentation of a certificate of such justice of the filing of such affidavit and payment of the amount claimed as damages and all costs, shall be entitled to repossess his stock. If such person considers the amount claimed excessive, he shall, after filing such affidavit, forthwith serve written notice on the person impounding the stock that he has appointed one freeholder, naming him, to ascertain the injury and damages sustained and the costs for keeping the stock, the service of which notice shall stay any sale which may have been advertised prior thereto. Two other arbitrators shall then be appointed and the injury and damages and costs of keeping ascertained as provided in section eight of this article and the impounded stock readvertised for sale within the time prescribed in said section, unless the damages and costs be sooner paid: Provided, That in all cases where a citizen of this State may claim right or ownership to stock impounded under section four of this article, the person so claiming shall file with such justice his affidavit showing that he is a citizen of this State, that the stock impounded is bona fide his property, and that he did not acquire right thereto for the purpose of defeating the provisions of said section four, and, upon presentation of a certificate of such justice of the filing of such affidavit and the payment of all costs other than that for the keeping of the stock, at any time before sale, shall be entitled to repossess his stock, but such repossession shall in nowise affect any right of action against the owner for damages sustained by reason of the trespass of his stock.

§10. Sale of Impounded Stock; Disposition of Proceeds.—The sale of stock impounded under the provisions of this article, or article nineteen of this chapter, shall be at public auction to the highest bidder for cash, and shall be advertised by posting notices thereof in three public places in the district wherein the stock is impounded at least ten days preceding the day of sale, and a copy of the first notice required by section eight of this article, or, in case the owner of the stock to be sold is unknown or a nonresident of the State, a copy of the first affidavit required by section nine of this article shall be attached to and posted with each sale notice. The proceeds of the sale shall be applied; first, to the payment of all costs incident to the sale; second, to the payment of any damages sustained and costs of keeping the impounded stock; and third, the residue, if any, shall be paid to the owner of the stock sold; if the owner be unknown and application therefor be not made within ninety days from the day of sale, the same shall be paid into the county treasury.

§11. Entry of Stock of Nonresidents Without Consent of Landowner Prohibited.—It shall be unlawful for any person who is not a resident of this State to drive, or cause, or suffer, or permit to be driven, any of his cattle, horses, hogs or sheep on any of the lands of any citizen of this State, whether such lands be inclosed or not, without permission of the owner or owners for that purpose first had and obtained.[1882, c. 173; Code 1913, c. 60, §llal (Ser. §3434).]

§12. Entry of Stock of Nonresidents Deemed Trespass; Damages.—Every entry of any such cattle, horses, hogs or sheep contrary to the provisions of section eleven shall be deemed in law a trespass by the owner, person or persons having the charge or care of such cattle, horses, hogs or sheep, and the owner of all such cattle, horses, hogs or sheep shall be liable in damages to the person or persons aggrieved, in a sum not exceeding twenty cents on each head of horses and cattle and ten cents on each head of hogs or sheep thus trespassing, for each and every day that they shall be and remain on the lands or premises of any citizen in this State, to be recovered before any justice of the peace of the county in which such trespasses may have been committed.[1882, c. 173; Code 1913, c. 60, §llall (Ser. §3435).]

§1. Running at Large of Stock Prohibited; Penalty; Liability of Stock Owner for Damages.—It shall be unlawful for any horse, mule, ass, jennet, cattle, sheep, swine, goat or geese to run at large, and should any such stock, while running at large, injure or destroy the property of another, the owner of such stock shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than ten dollars, and shall, in addition to such penalty, be liable to the party whose property may have been injured or destroyed for the amount of damages sustained by him by reason of such injury or destruction, and the party injured may, if he find such stock on his premises, impound them, or a sufficient number thereof, subject to the provisions of sections eight, nine and ten, article eighteen of this chapter, until such damages and costs of keeping have been paid.[1872-3, c. 77, §1; 1885, c. 45, §1; Code 1913, c. 60, §3al (Ser. i §3416).]

§2. Election to Determine Adoption of Optional Stock Law.—The provisions of this article shall not be enforced in any county or district in this State, until it be adopted by a majority of the voters in such county or district at an election, at which the question shall be submitted for their adoption or rejection: Provided, That any county or district which has heretofore adopted the provisions of chapter forty-five of the Acts of eighteen hundred and eighty-five, or of said chapter as amended by chapter forty-two of the Acts of eighteen hundred and ninety-seven, shall not be required to vote on the adoption of the provisions of this article, and the same shall be in force and effect in such county or district as if adopted in the manner prescribed in section three of this article.[1885, c. 45, §3; 1897, c. 42, §3; Code 1913, c. 60, §3aIII (Ser. §3418).]

§3. Stock Law Election; Duty of County Court When Law Is Adopted.—The county court of any county in this State, upon the petition of one hundred voters from each district in the county, or upon petition of one hundred voters in any district therein, filed not less than sixty days prior to a general election, shall, by order entered of record, submit to a vote of such county or district, as the case may be, at such election the question of adopting the provisions of this article in said county or district, and the board of ballot commissioners shall prepare separate ballots from that of the official ballot to be voted at such election, and shall have printed thereon the following:

Notice of such election shall be given by publication and posting of such ballot in the same manner provided for the publication and posting of the official ballot to be voted at such election. The same officers conducting such general election at each voting place shall conduct the election on the question submitted by the court and ascertain and certify the result thereof in the same manner, so far as applicable, as the general election, and the board of canvassers of the county, at the time of canvassing the result of the general election, shall canvass the vote taken on the question submitted and ascertain and declare the result thereof and enter the same in the election record. If a majority of the votes cast for and against the optional stock law be “for optional stock law,” the provisions of this article shall be in force in the county or district voting on the question from the first day of the next regular term of the county court of the county, and it shall be the duty of said court, on that day, to enter of record an order stating the result of the vote on the question submitted and declaring the provisions of this article to be in force in the county or district voting on the question.[1885, c. 45, §4; 1907, c. 44, §4; Code 1913, c. 60, §3aIV (Ser. §3419).]

§1. Dogs Subject to Taxation; Personal Property.—Any dog above the age of eight months shall be subject to taxation and shall be and is hereby declared to be personal property within the meaning and construction of the laws of West Virginia.(1925, c. 83, §1.)

§2. Collection of Head Tax on Dogs; Amount; Duties of Assessor and Sheriff; Assessment of Dogs as Personal Property; Disposition of Head Tax.—It shall be the duty of the county assessor and his deputies of each county within this State, at the time they are making assessment of the personal property within such county, to assess and collect a head tax of one dollar on each male dog and two dollars on each female dog found within their jurisdiction, and in the event that the owner, keeper or person having in his possession or allowing to remain on any premises under his control any dog above the age of eight months, shall refuse or fail to pay such tax, when the same is assessed, or within fifteen days thereafter, to the assessor or deputy assessor, then such assessor or deputy assessor shall certify such tax to the sheriff of his county who shall take charge of the dog for which the tax is delinquent and impound the same for a period of fifteen days, for which service he shall be allowed a fee of one dollar and fifty cents to be charged against such delinquent taxpayer in addition to the taxes herein provided for. In case the tax and the impounding charge herein provided for shall not have been paid within the period of fifteen days, then the sheriff may sell the impounded dog and deduct the impounding charge and the delinquent tax from the amount received therefor, and return the balance, if any, to the delinquent taxpayer. Should the sheriff fail to sell the dog so impounded within the time specified herein, he shall kill such dog and dispose of its body. In addition to the head tax on dogs, the owner of any dog above the age of eight months shall be permitted to place a value upon such dog and have such dog assessed as other personal property. The assessor collecting the head tax on dogs shall be allowed a commission of ten per cent upon all such taxes collected by him, and shall turn in to the county treasury ninety per cent of such taxes so collected, which shall be credited to a fund for the compensation of persons who have suffered loss or damage on account of the destruction, loss or injury by dogs of any sheep, lamb, goat or kid, and claims for such loss or damage shall be presented to and allowed, when satisfactorily proven, by the county court, and the said court shall issue drafts, payable out of said fund, in settlement of such claims, together with the compensation allowed to the sheriff for killing and burying dogs, when such claims cannot be by law collected from the owner or keeper of such dog or dogs.

Any surplus funds remaining unexpended and not needed for the payment and satisfaction of claims and expenses arising under the provisions of this article shall be annually paid into and credited to the teachers’ funds of the different magisterial and independent school districts of the county in proportion to the school population of each. But the funds thus used shall be in amount deemed proper and safe in the judgment and discretion of the county court.(1925, c. 83, §§1, 7.)

§3. Concealing Taxable Dog From Assessor; Penalty.—Any person who shall hide, conceal or secrete any taxable dog or refuse to disclose to the assessor, or other officer herein required to enforce the provisions of this article, the location or whereabouts of any such dog, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by confinement in the county jail at hard labor for a period not in excess of sixty days, or by payment of a fine not in excess of one hundred dollars, or both, in the discretion of the court or justice trying the case.(1925, c. 83, §5.)

§4. Taxes on Dogs Not Collected by Assessor.—All taxes on dogs not collected by the assessor shall be collected by the regular tax collecting officer of the county and placed to the credit of the fund for the compensation of persons who have suffered loss or damage on account of the destruction, loss or injury by dogs of any sheep, lamb, goat or kid in the same manner as other taxes are collected and placed to the credit of the different funds.(1925, c. 83, §3.)

§5. Dogs Protected by Law; Unlawful Killing of Same; Aggrieved Owner’s Remedy.—Any dog upon which taxes are paid, as provided in this article, and which is kept and controlled as herein required, shall be protected by law, and any person who shall unlawfully kill or injure, administer poison to or knowingly expose the same so that it shall be taken by any such dog, or shall, in any other manner, intentionally and unlawfully cause the death or injury of any such dog shall be guilty of a misdemeanor, and, if such dog be of the assessed value of more than twenty dollars, shall, upon conviction, be imprisoned in the county jail at hard labor, for a period not in excess of twelve months, or fined not in excess of two hundred dollars, or both, in the discretion of the court; and if such dog be of twenty dollars or less in assessed value, he shall be imprisoned in the county jail at hard labor for a period not in excess of six months, or fined not in excess of fifty dollars, or both, in the discretion of the court. Any person whose dog shall be killed wrongfully and unlawfully by any other person shall have a right of action against the person liable for the wrongful death of such dog, but in no such case can a recovery be had in excess of the assessed value of such dog. In no case can a recovery be had if either the head or the property tax against such dog be delinquent at the time such dog may have been killed or injured. It shall be the duty of all sheriffs, deputy sheriffs, justices, constables, police officers and state policemen to aid in the enforcement of the provisions of this article, and for each dog killed and buried by any such officer or other person, or at his expense, he shall be paid the sum of one dollar, to be paid by the person liable to pay taxes upon such dog, if the same is collectible, and if said fee of one dollar cannot be collected from the person liable therefor, then the same shall be paid by the county court, upon satisfactory proof that the same is due, out of the fund herein provided for.(1925, c. 83, §2.)

§6. Dog Running at Large; Liability of Owner.—Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.(1925, c. 83, §5.)

§7. Dog Killing or Worrying Livestock; Recovery of Damages From Owner of Dog or County Court.—If any dog shall have killed or assisted in killing, wounding or worrying any sheep, lambs, goats or kids out of the inclosure of the owner of such dog, the owner or keeper of such dog shall be liable to the owner of such sheep, lambs, goats or kids in the amount of the damages sustained, to be recovered in an action before any court or justice having jurisdiction of such action; and it shall not be necessary to sustain such action to prove that the owner of such dog knew such dog was accustomed to do such worrying, killing or wounding; but a recovery under this section shall bar and preclude the owner of such sheep, lambs, goats or kids from obtaining compensation from the county court under the provisions of this article. If such person suffering such loss or damage can not ascertain the owner or keeper of such dog, or if such owner or keeper is not financially responsible, then the person suffering such loss or damage may file his claim with, and prove the same before, the county court of the county in which such loss or damage is sustained, in the manner provided in this article, and the court shall pay such loss or damage out of the fund provided for such purposes and according to the provisions of this article. When compensation is so obtained from the county court, said county court is authorized to sue under this section and recover as the owner of the sheep, lambs, goats or kids might have done, and the amount so recovered shall be paid into the county treasury; but no suit shall be commenced unless authorized by the county court.(1925, c. 83, §1; 1929, c. 13, §50.)

§8. Same; Assessment of Damages; Appraisers.—Authority is hereby given to justices of the peace and notaries public within this State, and within their respective jurisdictions, to summon three substantial, upright and worthy bona fide residents, citizens and taxpayers of his county to assess the damages suffered by any person on account of the destruction, loss or injury of any sheep, lambs, goats or kids by dogs within the county. Such appraisers shall be appointed upon the request of any person suffering damages on account of such destruction, loss or injury, and shall go upon the ground and investigate fully the extent of such destruc tion, loss or injury, taking all the evidence deemed necessary to arrive at the facts to be passed upon in arriving at the amount of damage, if any, suffered by the party making the complaint. Before such appraisers may be summoned by such justice or notary public, such complainant shall be required to make a sworn complaint before such justice or notary public, setting out in plain, easily comprehended terms the facts concerning his damage to the best of his knowledge. And after making a full in vestigation of the facts involved, such appraisers, with the assistance of such justice or notary public, shall make a sworn statement and report the facts ascertained and the damages suffered, which report and statement shall be filed with the county court or the clerk thereof in vaca tion. The fees and mileage for services allowed in such eases shall be the same as are allowed justices, witnesses and arbitrators in justices’ courts in this State for similar services. In the event that such appraisers find that the complainant has suffered no damage, then the complainant shall be responsible for and pay all the costs and expenses of such proceeding; and in the event that such complainant has suffered damages on account of the destruction, loss or injury of any such domestic animals, according to the finding of such appraisers, then in such event the owner, keeper or person permitting the dog, or dogs, causing such damage to remain upon premises under his control shall be liable for all damage sustained by the complainant, including all costs and necessary expenses, all of which shall be collectible by an action at law before any court or justice having jurisdiction of the matter. All papers in connection with any such claim shall be filed and preserved in the office of the clerk of the county court.(1925, c. 83, §7.)

§9. Same; When Lawful to Kill Dog.—Any person may kill any dog that he may see chasing, worrying, wounding or killing any sheep, lambs, goats or kids outside of the inclosure of the owner of such dog, unless the same be done by the direction of the owner of such sheep, lambs, goats or kids.(1929, c. 13, §49.)

§10. Same; Unlawful to Harbor Dog; Penalty.—Any person who shall harbor or secrete or aid in secreting any dog which he knows or has reasons to believe has worried, chased or killed any sheep, lambs, goats or kids, not the property of the owner of such dog, out of his inclosure, or knowingly permits the same to be done on any premises under his control, shall be guilty of a misdemeanor, and, upon conviction thereof before any court or justice having jurisdiction thereof in the county in which the offense is committed, shall be fined not less than ten nor more than fifty dollars, and, at the discretion of the court or justice, imprisoned in the county jail not more than thirty days; and each day that such dog is harbored, kept or secreted shall constitute a separate offense.(1929, c. 13, §50.)

§11. Same; Duty of Owner to Kill Dog; Proceeding Before Justice on Failure of Owner to Kill.—The owner or keeper of any dog that has been worrying, wounding, chasing or killing any sheep, lambs, goats or kids, not the property of such owner or keeper, out of his inclosure, shall, within forty-eight hours after having received notice thereof in writing from a reliable and trustworthy source, under oath, cause such dog to be killed. If the owner or keeper refuse to kill said dog as hereinbefore provided, any justice of the peace, upon information, shall summon the owner or keeper of such dog, and, after receiving satisfactory proof that his dog did the mischief, shall issue a warrant on application being made by the owner of the sheep, lambs, goats or kids killed, and give it into the hands of the constable, special constable or sheriff, who shall kill the dog forthwith. The cost of such proceedings shall be paid by the owner or keeper of the dog so killed, including a fee of fifty cents to the officer killing the dog. The owner or keeper of the dog so killed shall, in addition to the costs, be liable to the owner of the sheep, lambs, goats or kids, or to the county court, for the value of the sheep, lambs, goats or kids so killed or injured.(1925, c. 83, §4; 1929, c. 13, §51.)

§12. Unlawful for Alien to Own or Harbor Dog.—It shall be unlawful for any unnaturalized foreign-born resident of this State to own, keep or permit to remain upon any premises under his control a dog of any kind within this State, and any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof before any court or justice of the peace having jurisdiction of the offense, shall be imprisoned in the county jail at hard labor not in excess of sixty days, or fined not in excess of one hundred dollars, or both, in the dis cretion of the court or justice trying the same.(1925, c. 83, §6.)

§13. Offenses; Penalties.—Any person who shall violate any of the provisions of this article for which no specific penalty is prescribed shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars, and, in the discretion of the court or justice trying the case, may be confined in the county jail not to exceed thirty days. Justices of the peace shall have concurrent jurisdiction with the circuit, criminal and intermediate courts to enforce the penalties prescribed by this article.(1929, c. 13 §52.)

§1. Jurisdiction of Circuit Courts to Organize Drainage Districts; Definition of Terms.—Original jurisdiction, power and authority are hereby conferred upon all circuit courts of this State to establish and organize drainage, levee and reclamation districts in this State, and to the end that the public design and intention of this article may be carried into full force and effect, power and authority are hereby conferred upon such courts to provide ways and means consistent with the provisions of this article for the organization, operation and maintenance of drainage, levee and reclamation districts in this State.

The jurisdiction, power and authority conferred upon the circuit courts of this State by this article shall include the establishing, organizing and providing for the operation and maintenance of drainage, levee and reclamation districts in this State, which districts, when organized, shall have the power to construct all levees, ditches, drains or canals, pumping plants, flood-gates, and other needed improvements, or to have constructed, straightened, widened, deepened, strengthened and improved any levee ditch, drain, creek or water courses within this State, all for the purpose of reclaiming, draining or improving any low, wet, swampy or over flowed lands in this State, or to prevent the over flow of lands, or to protect towns, municipalities and cities from such overflow therein: Provided, however, That in so doing navigation upon navigable streams in this State shall not thereby be impaired: Provided further, That such improvement will result in public benefit, or will promote the public health, or will be conducive to the general welfare of the community in which the proposed district is established.

Whenever the words “court,” “judge” and “clerk of the court” are used in this article, they shall be construed to mean “circuit court,” “circuit judge” and “clerk of the circuit court,” respectively, unless otherwise indicated.(1917, c. 26, §1.)

§2. Precedence Over Other Cases.—Proceedings under the provisions of this article shall have precedence on the dockets of all circuit courts of this State over all other civil cases, except election cases and special proceedings which heretofore by other laws may have been given precedence on the courts’ dockets. If the court does not act promptly in complying with the terms of this article, it may be compelled to do so by mandamus.(1917, c. 26, §2.)

§3. Petition to Establish District.—Proceedings to establish and organize a drainage, levee or reclamation district shall be commenced by three or more owners of real property within the proposed district, whose lands will be affected by the proposed improvement, filing a petition in the circuit court, or before the judge thereof in vacation, of the county wherein such lands and other property proposed to be organized into a drainage, levee or reclamation district are situated. Upon the filing of such petition the court, or the judge thereof in vacation, shall require a bond in sufficient penalty to be given and filed, with good and sufficient surety, and conditioned for the payment of all preliminary costs and expenses that may be incurred in case the district is not formed. If the lands to be included in the proposed district are situated in two or more counties, then the petition may be filed in the office of the clerk of the circuit court, or before the judge thereof in vacation, of either of the counties in which such lands are situated, and such court shall retain jurisdiction thereafter regardless of county lines.

The petition shall describe in a general way, and by reference to roads, streams, railroads and other landmarks, the body of land or other property proposed to be reclaimed, drained, leveed, improved and embraced within the district, and shall set forth in a general way the conditions existing and the advantages that will result from the proposed improvement. It also shall indicate opposite the name of each signer the approximate acreage of each signer which will be affected. Said petition also shall contain a prayer that the lands described therein be declared a drainage district under the provisions of this article. The petition may be amended or supplemented at any time before the drainage, levee or reclamation district is fully and completely organized.

The petition may be signed by any landowner, male or female, married or single; guardians or committees may sign for their wards, and trustees, executors and administrators may sign for the estates represented by them. If the signature of any corporation, by its authorized officer or officers, is attached thereto, attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to such petition. Any person having signed the petition shall have no right to have such proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition.(1917, c. 26, §3.)

§4. Appointment of Engineer; Duties and Compensation; Publication of Notice.—Immediately after such petition shall have been filed it shall be the duty of the court, or the judge thereof in vacation, to enter upon its records an order appointing an engineer to be selected by the petitioners, provided the engineer whom they select is a qualified and suitable person. If the engineer designated by the petitioners is, in the opinion of the court, not a proper person, the court shall appoint such other engineer as it may deem qualified to perform the duties imposed upon him by this article. Such engineer shall forthwith proceed to ascertain in a general manner the limits of the region which will be benefited by the proposed improvements, and the names of the landowners and the approximate acreage of each landowner’s holdings, as nearly as they can be determined without actual survey, and file a report of his findings with the clerk of the circuit court at the earliest date practicable. In his report the engineer shall give a general idea of the improvements required and an approximate estimate of their cost, together with such other suggestions as he may think will be of service to the court in passing on the prayer of the petitioners. For service rendered in this connection the compensation of the engineer shall be fixed by the court.

Immediately upon the filing of the engineer’s report, the clerk of the circuit court shall give notice by causing publication to be made once a week for three consecutive weeks in two newspapers of opposite politics, if such there be, published in each county in which are situated lands of the proposed district, the last insertion to be made at least fifteen days prior to the first day of the next regular or special term of the circuit court at which such petition is to be heard. Such notice shall be substantially in the following form which shall be deemed sufficient for all purposes of this article:

The circuit court of the county in which the petition shall have been filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of such district, without regard to county lines, for all purposes of this article.(1917, c. 26, §4.)

§5. Objections; Action of Court; Appeal; Filing of Decree in Office of Clerk of County Court.—Any owner of real estate or other property in such proposed district who may not have signed the petition and who objects to the organization and formation of the proposed drainage district shall, on or before the first day of the term of court at which the cause is to be heard, file his objection or objections to the organization of such proposed drainage district. Such objection or objections shall be limited to a denial of the statements in the petition and shall be heard by the court in a summary manner without unnecessary delay, and in case all such objections are overruled, if the court shall be of the opinion that the establishment of a drainage district will be to the advantage of the owners of real property therein, or will be conducive to the public health, utility, convenience and public welfare, it shall, without making further inquiry, enter an order establishing a district, which district shall have the power and authority to acquire, hold and convey property, levy taxes and collect the same, and shall have all the powers and authority necessary to carry out the provisions of this article, and may sue and be sued under the name and style of...............................drainage district. Such order shall have all the force and effect of a judgment. If the court finds that the property set out in the petition should not be organized into a drainage district, it shall dismiss such proceedings and adjudge the costs against the signers of the petition in proportion to the acreage represented by each petitioner. Any owner of real property within the district may appeal from the judgment of the court within twenty days after the same has been made, but if no appeal is taken within that time such judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district and upon the owners thereof, and any owner of property in the district may within a like time appeal from an order refusing to establish such district. Such appeals must be accompanied by a bond approved by the court conditioned for the payment of costs if the appeal should be decided against the appellant. If the court orders the drainage district established, a copy of the findings and decree of the court shall be filed in the office of the clerk of the county court in each of the counties having lands and other property in such drainage district where the same shall become a permanent record.(1917, c. 26, §5.)

§6. Meaning of Owners; Election of Board of Supervisors.—Within thirty days after any drainage district shall have been organized and established under the provisions of this article the circuit clerk of the court organizing such district shall call a meeting of the owners of real estate or other property situate in such district, at a day and hour specified, in some public place in the county in which the district was organized, for the purpose of electing a board of three supervisors, to be composed of owners of real estate in such district, two of whom at least shall be residents of the county or counties in which such district is situate, or some adjoining counties. Notice of such meeting shall be given by such clerk by causing publication thereof to be made once a week for two consecutive weeks in two newspapers of opposite politics, if such there be, published in each county in which lands of the district are situate, the last insertion to be at least ten days before the day of such meeting. The landowners, when assembled, shall organize by the election of a chairman and a secretary of the meeting who shall conduct the election. At such election each owner shall be entitled to one vote in person or by proxy for every acre of land or mile of right of way owned by him in such district, and the three persons receiving the highest number of votes shall be declared elected as supervisors. Such supervisors shall immediately by lot determine the terms of their office, which shall be respectively one, two and three years, and they shall serve until their successors shall have been elected and qualified.(1917, c. 26, §6.)

§7. Annual Meeting of Owners and Election of Supervisor.—In the same month of each year after the election of the first board of supervisors, the board of supervisors shall call a meeting of the owners of land and other property herein described in the district by publication, in the same manner as provided for in section six, and such owners shall meet at the time and place fixed by the board of supervisors and elect one supervisor therefor in like manner as prescribed in the preceding section, who shall hold his office for three years or until his successor is elected and qualified; and in case of a vacancy in the office of supervisor, the remaining supervisors may fill such vacancy by appointment until the next annual meeting, when a successor shall be elected for the unexpired term: Provided, That after the report of the appraisers has been confirmed by the court under the provisions of section fifteen, only owners of land and other such property having benefits assessed against it shall be entitled to vote at the annual meetings held under the provisions of this section.(1917, c. 26, §7.)

§8. Oath of Supervisor; Effect of Failure to Qualify.—Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that he will honestly and impartially perform the duties devolving upon him in office as supervisor of the drainage district in which he was elected, and that he will not neglect any of the duties imposed upon him by this article. Any supervisor-elect who fails to qualify by taking such oath and filing the same in the office of the secretary of the drainage district within ten days after his election shall be deemed to have declined such election, and the vacancy shall be filled as herein provided.(1917, c. 26, §8.)

§9. Organization of Board of Supervisors; Duties and Compensation.—The board of supervisors immediately after their election shall choose one of their number president of the board, and elect some suitable person secretary, who may or may not be a member of the board. Such board shall adopt a seal with a suitable device, and shall keep a record of all its proceedings, as hereinafter provided, which shall be open to the inspection of all owners of real estate and other property herein described of the district, as well as to all other interested parties. The board shall report to the land owners at the annual meeting held under the provisions of section seven of this article what work has been done, either by the engineers or otherwise. The members of the board shall receive, for attending to business for and in behalf of such district, actual transportation expenses, which shall be audited by the board before payment and each member shall receive four dollars per day as compensation for his services while actually engaged in work for the district: Provided, however, That if the secretary be a member of the board, he shall be entitled to compensation as hereinafter provided.(1917, c. 26, §9.)

§10. Appointment of Chief Engineer; Adoption of Plan for Reclamation.—Within thirty days after organizing, the board of supervisors shall appoint a competent civil and drainage engineer as chief engineer, who may be an individual, co-partnership, or corporation. The chief engineer may, by and with the consent of the board of supervisors, consult any eminent engineer or engineers and obtain his or their opinion and advice concerning the reclamation of the lands in the district. He shall have authority to engage such assistants as may be needed. He shall make all necessary surveys of the lands within the boundary lines of such district, as described by the petition, and of all lands adjacent thereto that may or will be improved or reclaimed in part or in whole by any system of drainage or levees that may be outlined and adopted, and such engineer shall make a report in writing to the board of supervisors with maps and profiles of such surveys, which report shall present a plan for draining, leveeing and reclaiming the lands and property described in the petition or adjacent thereto from overflow or damage by water. Such maps and profiles shall also indicate as far as necessary the physical characteristics of the lands and location of any public roads, railroads, other public utilities, and other rights of way, roadways, and other property and improvements located on such lands. The chief engineer shall make a report in writing to the board of supervisors, showing the progress that has been made at such times as the board may require. When the final report of the chief engineer is submitted the board of supervisors shall have authority to employ a reputable consulting engineer or engineers to pass on the adequacy of the proposed improvements as covered in the chief engineer’s report and plans. When the board is satisfied of the adequacy of the plans it shall adopt the report and plans and thereafter such adopted report shall be the plan for draining, leveeing or reclaiming such lands and other property from overflow or damage by water, and it shall after such adoption be known and designated as “the plan for reclamation,” which plan shall be filed with the secretary of the board of supervisors and by him copied into the records of the district.(1917, c. 26, §10.)

§11. Raising of Funds to Pay Preliminary Expense; Disposition of Funds.—For the purpose of paying expenses incurred or to be incurred in organizing such district, making surveys of the same, assessing benefits and damages, and to pay other expenses necessary to be incurred, before the board of supervisors shall be empowered by subsequent provisions of this article to provide funds to pay the total cost of works and improvements of the district, the board of supervisors of any drainage district organized under the provisions of this article shall, as soon as elected and qualified, levy a uniform tax of not more than fifty cents per acre upon each acre of land and each mile of right of way within such district, as shown by the preliminary report of the engineer re quired by section four of this article. In case the boundary lines of the district shall be extended under the provisions of a subsequent section of this article so as to include lands and other property not described in the petition, the same uniform tax shall be made on such lands and other property as soon as the same shall have been annexed and included in the district. In case lands are included in the district and assessed in accordance with this provision which it subsequently develops should not have been included, taxes collected from such lands shall be returned to the owners of such lands. Such tax shall be due and payable as soon as assessed and if not paid within sixty days after the tax has been levied the same shall become delinquent. It shall become a lien on the land and other property against which it has been assessed and the delinquent list shall be certified by the secretary of the district to the sheriff of the county wherein the property so assessed is situated, and the same shall be collected by the sheriff in the same manner as state and county taxes, and bear the same penalty. In case the sum received from such assessment exceeds the total cost of items for which the same has been levied, the surplus shall be placed in the general fund of the district and used to pay cost of construction: Provided, That if the district be dissolved before the improvements are completed, the amount of the surplus, if there be any, shall be prorated and refunded to the landowners paying such uniform tax.(1917, c. 26, §11.)

§12. Board of Appraisers.—After the board of supervisors has adopted the plan for reclamation the secretary of such board shall file a certified copy of same, together with a copy of the order of such board approving the “plan for reclamation,” with the clerk of the circuit court in which the district was organized. The court shall then in term time, or the judge in vacation, by an order, appoint a board of three appraisers who are in no way interested in such proceedings, for the purpose of assessing benefits and damages that may result from the making of the improvements described and set forth in the “plan for reclamation” approved by the board of supervisors. The secretary of the board of supervisors shall transmit to such board of appraisers a certified copy of the petition and of “the plan for reclamation,” which has been approved by the board of supervisors. The members of the board of appraisers, at a meeting to be held within ten days after their appointment, shall each take and subscribe to an oath before the clerk of the court that they will faithfully and impartially discharge their duties and make a true report of the work done by them. If any person appointed as an appraiser fails to take the oath within the prescribed time, he shall be deemed as having declined the appointment and the court or judge shall make further appointment either in term time or vacation. They shall at the same meeting organize by electing one of their number as chairman. A majority of said board of appraisers shall constitute a quorum and shall control the action of the board on all questions. The secretary of the board of supervisors shall furnish to the board of appraisers a complete list of lands and corporate and other property described in the petition.(1917, c. 26, §12.)

§13. Assessment of Benefits and Damages; Extension of District to Include Other Lands; Report of Appraisers; Compensation.—Within thirty days after qualifying, as provided in the previous section, the appraisers shall begin their duties; and the chief engineer or one of his assistants shall accompany such appraisers at all times and shall render his opinion in writing when called for. The appraisers shall proceed to view the premises and determine the value of all land and other property, within or without the district, to be acquired and used for rights of way or other works set out in the “plan for reclamation” and shall assess the amount of benefits, and the amount of damages, if any, that will accrue to each parcel of land, public highway, railroad and other right of way, railroad, roadway and other property, from carrying out and putting into effect the “plan for reclamation” heretofore adopted. The appraisers, in assessing the benefits to rights of way, railroad, roadway and other rights of way, rail road, roadway and other property not traversed by such works and improvements as provided for in “the plan for reclamation,” shall not consider what benefits will be derived by such property after other drains, ditches, improvements or other plans for reclamation shall have been constructed, but they shall assess only such bene fits as will be derived from the construction of the works and improvements set out in “the plan for reclamation,” or as the same may afford protection from overflow to such property. The appraisers shall give due consideration and credit to any other ditch or other systems of reclamation, which may have already been constructed and which afford partial or complete protection to any tract or parcel of land in the new district, and if the appraisers shall find that any drain or other works have been constructed under any general or special law of this State, which can be used in making the drains and improvements herein contemplated, they shall include the same in their report, and thereafter the board of supervisors may order such drains or such works to be used, so far as they extend, for the purpose of the drainage district in which they are situated, and that the district or other owners of such drains or other improvements or persons having an interest therein by virtue of having contributed money, material or labor in the construction of the same, shall be allowed, in proportion to the interest held or owned in said drains or improvements, a compensation which shall not exceed the amount of such drainage district’s indebtedness as evidenced by outstanding script, bonds or other evidences of indebtedness. The railroad and other rights of way, railroad and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost by reason of the protection to be derived from the proposed works and improvements. The appraisers shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged; and when they return no such assessment of damages as to any tract of land, it shall be deemed a finding by them that no damage will be sustained.

If the board of appraisers finds that other lands not embraced within the boundaries of the district will be affected by the proposed improvement, they shall assess the estimated benefits and damages to such land and shall specifically report to the court the assessments which they have made on the lands beyond the boundaries of the district as already established. It shall then be the duty of the clerk of the circuit court to give notice by publication once each week for three successive weeks in two newspapers of opposite polities, if such there be, in the county where such lands lie, describing the lands which have been assessed, and the owners of real property so assessed shall be allowed twenty days after the publication of such notice to file with the clerk of the circuit court their protest against being included within the district. The circuit court shall at its next session investigate the question whether the lands beyond the boundaries of the district so assessed by the appraisers will in fact be benefited or damaged by the making of the improvement; and from its findings in that regard either the property owners affected by the assessment of the appraisers or the district may within twenty days file an appeal. If the finding is in favor of the district, the limits of the district shall be extended so as to embrace any lands that may be affected by the making of the improvements, and such lands shall be subject to the taxes provided for in section eleven of this article. The appraisers shall have no power to change “the plan of reclamation” heretofore provided for.

The board of appraisers shall prepare a report of their findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column one, “owner of property assessed”; column two, “description of property assessed”; column three, “number of acres assessed”; column four, “amount of benefits assessed expressed in dollars and cents”; column five, “number of acres taken for right of way”; column six, “value of property taken”; column seven, “damages assessed.” They shall also, by and with the advice of the engineer of the district, estimate the cost of works set out in “the plan for reclamation,” which estimate shall include the cost of property required for rights of way and damages and the actual expenses of organization and administration, as estimated by the board of supervisors, and shall itemize and tabulate the same. Such reports shall be signed by at least a majority of the appraisers and filed in the office of the circuit clerk in which the petition was filed. The secretary of the board of supervisors, or his deputy, shall accompany such appraisers while engaged in their duties, and shall perform all the clerical work of such board; he shall also, under the advice, supervision and direction of the attorney for the district, prepare their report. The board of appraisers shall report to the board of supervisors the number of days each had been employed and the actual expenses incurred. Each appraiser shall be paid five dollars per day for his services, and necessary expenses in addition thereto.(1917, c. 26, §13.)

§14. Publication of Appraisers’ Report.—Upon the filing of the report of the appraisers, the clerk of such court shall give notice thereof by causing publication of such report to be made once a week for three consecutive weeks in two newspapers of opposite politics, if such there be, published in each county in the district. And notice shall be in form as follows:

Provided, That where lands in different counties are contained in such report, it shall not be necessary to publish in each county the appraisers’ report on all of such lands in such district, but only that part relating to property situate in the respective counties.(1917, c. 26, §14.)

§15. Exceptions to Report; Action of Court Thereon; Review of Assessments.—The drainage district, or any owner of land or other property in such district, may file exceptions to such report, or to any assessment for either benefits or damages, within ten days after the last day of publication of the notice provided for in the preceding section. All exceptions shall be heard by the court and determined in a summary manner so as to carry out liberally the purposes and needs of the district, and if it appears to the satisfaction of the court, after having heard and determined all of such exceptions, that the estimated cost of constructing the improvement contemplated in “the plan for reclamation” is less than the benefits assessed against the land and other property in such district, then the court shall approve and confirm such appraisers’ report so modified and amended. The court shall adjudge and apportion the costs incurred by the exceptions filed and shall condemn any land or other property, within or without the boundary lines of the district, that is shown by the report of the appraisers to be needed for rights of way, holding basins and other works, or that may be needed for material to be used in constructing such works, following, as nearly as possible, the procedure that is now provided by law for the appropriation of land and other property taken for telegraph, telephone and rail road rights of way. The clerk of such circuit court shall transmit a certified copy of the court’s decree and a copy of the appraisers’ report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district, who shall make and transmit a certified copy of such decree and that part of the report affecting land in each county to the clerk of the county court of each county having lands in the district, or affected by such report, where the same shall become a permanent record. If, after determining the objections made to the appraisers’ report, the court shall find that the estimated cost of works and improvements as approved by the board of appraisers, or as amended by the court, exceeds the estimated benefits, the court shall then render its decree declaring the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors, shall have been paid; and if the uniform tax levied under the provisions of section eleven of this article be found insufficient to pay all such costs, the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency.

Any owner of real property within the district who conceives himself to be aggrieved by the assessment of benefits or damages, or who deems that the assessment of any land in the district is inadequate, shall present his complaint to the circuit court at the first regular, adjourned, or special session held more than ten days after the last publication of such notice, and such court shall consider the same and enter its finding thereon either confirming such assessment of increasing or diminishing the same, and its findings shall have the force and effect of a judgment from which an appeal may be taken within twenty days, either by the property owners or by the supervisors of the district.(1917, c. 26, §15.)

§16. Assessment of Damages by Jury.—Any property owner may accept the assessment of damages in his favor made by the appraisers, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so unless he gives to such board of supervisors, within thirty days after the assessment is filed, notice in writing that he demands an assessment of damages by a jury, in which event the board of supervisors shall institute in the circuit court an action to condemn the lands that must be taken or damaged in the making of such improvement, which action shall be in accordance with the proceedings for condemnation of rights of way by railroad, telegraph and telephone companies, with the right of paying into court a sum to be fixed by the circuit court or judge and of proceeding with the work before assessment by the jury. If there is more than one claimant to the lands and to the fund paid into court, all claimants may be made parties defendant in such suit, leaving the claimants to contest in that action their respective rights to the fund.(1917, c. 26, §16.)

§17. Powers of Board of Supervisors; Contracts; Persons Who May Not Contract; Payments to Contractors.—The board of supervisors of such district shall have full power and authority to build, construct, excavate and complete all or any works and improvements which may be needed to carry out, maintain and protect “the plan for reclamation.” To accomplish that end such board of supervisors is hereby authorized and empowered to employ men and teams and to purchase machinery, employ men to operate the same and directly have charge of and construct the works and improvements, or by the use of other or more efficient means than provided for in the plans adopted. They may, in their discretion, let contracts for such works and improvements, either as a whole or in sections, and when such contract or contracts are to be let, they shall be advertised and let to the lowest and best bidder, who shall give a good and approved bond, in an amount equal to the contract price, with ample security, conditioned that the contractor will well and promptly carry out the contract for such work and improvements. The contract shall be in writing, and there shall be attached thereto and made a part thereof complete plans and specifications of the work to be done and the improvements to be made under such contract, which plans and specifications shall be prepared by the chief engineer, and before the work is commenced the contract shall be approved by the board of supervisors and signed by the president of the board and the contractor, and shall be executed in duplicate. No supervisor, secretary, treasurer, or engineer of any drainage district shall be awarded any such contract, or have any interest in the profits thereof, either directly or indirectly. The chief engineer shall be the superintendent of construction of all the works and improvements, and shall, whenever required, and at least once each year, make a full report to such board of all work done and improvements made, and make such suggestions and recommendations to the board as he may deem proper.

It shall be the duty of the board of supervisors to have the amount of work performed by any contractor estimated from time to time, as may be desirable, by the chief engineer, and the board shall draw its warrants in favor of the contractor for not more than eighty per cent of the amount of work so required, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.(1917, c. 26, §17.)

§18. Levying of Tax.—After the lands and other property, with the assessed bene fits and the decree and judgment of court, have been filed in the office of the clerk of the county court of each county in which any of such lands are situate, as provided in section fifteen of this article, then the board of supervisors shall without any unnecessary delay, levy a tax of such portion of such benefits on all lands and other property in the district to which benefits have been assessed as may be found necessary by the board of supervisors to pay the costs of the completion as shown in the “plan for reclamation” and in carrying out the objects of such district, plus ten per cent of such total amount for emergencies. The taxes so levied shall be a lien upon all the real property in the district from the time the same is levied, and shall be entitled to preference over all demands, encumbrances, executions or liens whatsoever except state and county taxes, and shall continue until such taxes, with any penalty and costs that may accrue thereon, shall have been paid. The tax shall be apportioned to and levied on each tract of land or other property in such district in proportion to the benefits assessed and not in excess thereof, and in case bonds are issued as hereinafter provided, then the amount of the interest, as estimated by the board of supervisors, which will accrue on such bonds shall be included and added to such tax, but the interest to accrue on account of the issuing of such bonds shall not be construed as a part of the costs of construction in determining whether or not the expenses and costs of making such improvements are or are not equal to or in excess of the benefits assessed. Within thirty days after the assessment of bene fits is made and the amount of taxes to be levied against each piece of property has been determined, the property owners shall have the privilege of paying such taxes in full. The secretary of the board of supervisors, as soon as such total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied, in the form of a well bound book, which book shall be indorsed and named “drainage tax record of ....................................................drainage district ....................................................,” which indorsement shall also be printed or written at the top of each page in such book and shall be signed and certified by the president and secretary of the board of supervisors, attested by the seal of the district, and the same shall thereafter become a permanent record in the office of the secretary.(1917, c. 26, §18.)

§19. Subsequent Taxes; Certification to Sheriff.—The board of supervisors shall each year thereafter determine, order and levy the amount of the annual installment of the total taxes levied under the preceding section, which shall become due and be collected during said year at the same time that state and county taxes are due and collected, which annual installment and levy shall be evidenced and certified by such board not later than July first of each year to the sheriff of each county in which any of the lands or other property subject to such drainage district tax are situated. The certificate of such installment tax shall be in substantially the following form:

State of West Virginia

County of.....................

To..............................., sheriff of said county: This is to certify that by virtue and authority of the laws of West Virginia relating to drainage districts, the board of supervisors of ..............................................drainage district of West Virginia has levied and does hereby levy the sum of $......................as the annual installment of tax for the year 19....... of the total tax levied under the provisions of said laws; and the board of supervisors of such district, by and with the authority of said laws, has levied also the sum of $.................... as a maintenance tax for such year. Said annual installment of tax and maintenance tax on the real estate and other property in such drainage district situate in your county are set out in the following table, in which are: First, the names of the owners of such lands and other property, as they appear in the decree of the court organizing such district, are as they appear on the records of the clerk of the county court on the first day of April of each year subsequent to the decrees of the court; second, the descriptions of such lands and other property opposite the names of such owners; third, the amount of such installment of tax levied on each tract of real estate and other property; and fourth, the amount of maintenance tax levied against the same. Such taxes shall be collectible and payable for the present year at the same time that state and county taxes are due and collected, and you are directed and ordered to demand and collect such taxes between the first day of October and last day of December of the present year, and this certificate “drainage tax book” shall be your warrant and authority for making such demand and collection.

Witness the signature of the president of such board of supervisors, attested by the seal of such district, and the signature of the secretary of said board, this............day of.............................., 19.....

..............................

President of District.

Then shall follow a table of schedules showing in properly ruled columns, first, the names of the owners of such lands and other property; second, the description of such lands and other property opposite the names of such owners; third, the amount of such annual installment tax levied on each tract of land or piece of property; fourth, the amount of maintenance tax; fifth, a blank column in which the sheriff of the county shall record the several amounts as collected by him; sixth, a blank column in which the sheriff shall record the date of payment of the different sums; seventh, a blank column in which the sheriff shall record the names of the person or persons paying the several amounts. The columns in which the annual installment tax and the maintenance tax, if any, appear shall be correctly totaled and the total amount shall correspond to the amount set out in the above mentioned certificate. Such certificate and table shall be prepared in the form of a well bound book which shall be indorsed and named “drainage tax book”................................. drainage district.........................................county, West Virginia, for the year 19......., which indorsement shall also be printed at the top of each page in said book.(1917, c. 26, §19.)

§20. Collection of Taxes.—It shall be the duty of the sheriff of each county in which lands or other property of any drainage district organized under this article are situate, to receive the “drainage tax book” each year, and he is hereby empowered and it shall be his duty to promptly and faithfully collect the tax therein set out and to exercise all due diligence in so doing. He is further directed and ordered to demand and collect such taxes at the same time that he demands and collects state and county taxes due on the same and other properties. Where any tract or part thereof has been divided and sold or transferred, the sheriff shall receive taxes on any part of any tract, or parcel of land, or other property charged with such taxes and give his receipt accordingly. The certificate and “drainage tax book” herein provided for shall be the warrant and authority of the sheriff for making such demand and collection. The sheriff shall make due return of all “drainage tax books” each year to the secretary of the board of supervisors of the aforesaid drainage district, and shall pay over and account for all moneys collected thereon at the end of each month to the treasurer of such district, and shall make an annual return of same at the close of each year. The sheriff shall, in such “drainage tax book,” verify such return by affidavit. The seeretary shall each year, within ten days after the annual return of such sheriff is delivered to him, prepare and certify to such sheriff a “drainage back tax book” containing the list of lands and other property so returned by such sheriff as delinquent, deliver the same to him, and take his receipt therefor, and such sheriff shall proceed to collect such delinquent drainage taxes and demand payment therefor in the same manner as hereinafter provided. Before receiving the aforesaid “drainage tax book” the sheriff of each county in which lands or other property of the drainage district are located shall execute to the board of supervisors of the district a bond with at least two good and sufficient sureties in a sum that is equal to the probable amount of any annual installment of such tax to be collected by him during any one year, conditioned that such sheriff shall pay over and account for all taxes so collected by him according to law. Such bond, after approval by the board of supervisors, shall be deposited with the secretary of the board, who shall be custodian thereof, and who shall produce the same for inspection and use as evidence whenever and wherever lawfully requested so to do. Whenever the sheriff shall give such bond with a fidelity and indemnity company as surety, the drainage district shall pay such premium thereon as may be provided by law.(1917, c. 26, 620.)

§21. Dates When Taxes Payable; Suit to Collect Delinquent Taxes; Suit by Bondholder.—All taxes levied under the terms of this article shall be payable between the first day of October and the last day of December of each year; and if any taxes levied by the board of supervisors in pursuance to this article are not paid at maturity, the sheriff shall not embrace such taxes in the taxes for which he shall sell the lands, but he shall report such delinquencies to the board of supervisors of such district, who shall add to the amount of the tax a penalty of twenty-five per cent. The board of supervisors shall enforce the collection of such delinquent taxes by chancery proceedings in the circuit court of the county in which the lands are situated; and said court shall give judgment against such lands, or other property, for the amount of such taxes and the penalty of twenty-five per cent, and interest on the same, from the end of the period allowed for the collection thereof, at the rate of six per cent per annum, and all costs of the proceedings. Such judgment shall provide for the sale of such delinquent lands for cash, by a commissioner of the court, after advertisement hereinafter set out. Such proceeds and judgment shall be in the nature of proceedings in rem, and it shall be immaterial that the ownership of such lands be incorrectly alleged in such proceedings, and such judgment shall be enforced wholly against such lands or other property so assessed, and not against any other property or estate of the defendant. All or any part of such delinquent lands or other property for each of such counties may be included in one suit for each county, instituted for the collection of such delinquent taxes, together with interest, penalties and costs, as afore said; and notice of the pendency of such suit shall be given by publication once each week for four successive weeks in two newspapers of opposite politics, if such there be, published in the county where such suits may be pending, before judgment is entered for the sale of such lands or other property; which public notice may be in the following terms:

Board of Supervisors,.............Drainage District

v.

Delinquent lands.

All persons having or claiming an interest in any of the following described lands are hereby notified that suit is pending in the circuit court of...............................county, West Virginia, to enforce the collection of certain drainage taxes on the subjoined list of lands, the name of each supposed owner having been set opposite his or her or its lands, together with the amounts severally due from each, to-wit:

(Then shall follow a list of supposed owners, with a descriptive list of such delinquent lands, and the amounts due thereon respectively as aforesaid, and such public notice may conclude in the following form:)

All persons and corporations interested in such lands are hereby notified that they are required by law to appear within thirty days after the first publication hereof and make defense to such suit, or the same will be taken for confessed and final judgment will be entered directing the sale of such lands for the purpose of collecting such taxes, together with the payment of interest, penalty and costs allowed by law.

...............................

Clerk of said Court.

Such suit shall be set for trial at the first term of court after the completion of such publication, unless a continuance be granted for good cause shown, within the discretion of the court; and such continuance may be granted as to a part of such lands or defendants, without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted, and in all cases where notice has been properly given as aforesaid, and where no answer has been filed, or if filed, and the cause decided for the plaintiff, the court by its decree shall grant the relief as prayed for in the complaint and shall direct such commissioner to sell the lands or other property described in the complaint at the front door of the courthouse of the county wherein the decree is entered, at public outcry, to the highest and best bidder for cash in hand, after having first advertised such sale (such advertisement may include all the lands described in the decree) once each week for two successive weeks in two newspapers of opposite politics, if such there be, published in the county, and if no newspaper, then such advertisement may be published in some newspaper in an adjoining county. If all the lands or other property be not sold on the day as advertised, such sale shall continue from day to day until completed. The commissioner shall sell such lands as directed, and the court, upon approval and confirmation of such sale, shall appoint a commissioner to execute proper deeds conveying to the purchaser the lands and other property so sold, and the title to such lands and other property shall thereupon become vested in such purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or committee the right they now have by law to appear and except to such proceedings within three years after their disabilities are removed.

In all suits brought under this section a reasonable attorney’s fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the costs.

In case the supervisors shall fail to commence suit within sixty days after the taxes become delinquent, the holder of any bond issued by the district shall have right to bring suit for collection of the delinquent assessments, and the proceedings in such suit brought by the bond holder shall in all respects be governed by the provisions applicable to suits by the supervisors.(1917, c. 26, §21.)

§22. General Conduct of Suit; Purchase by Commissioner in Name of Board of Supervisors; Redemption.—Such suits shall be conducted in the name of the drainage district, and in accordance with the practice and proceedings of chancery courts in this State, except as herein otherwise provided, save that oral testimony may be heard; and this law shall be liberally construed to give to such assessment and tax lists the effect of a bona fide mortgage for valuable consideration, and a first lien upon such lands or other property as against all persons having an interest therein. In such suits it shall be sufficient to allege generally and briefly the organization of the district and the nonpayment of the taxes, setting forth the description of the lands proceeded against, and the amount chargeable to each tract, with prayer for foreclosure: Provided, That no informality or irregularity in holding any of the meetings provided for herein, or in the valuation or assessment of the lands, or in the name of the owners, or the number of acres therein, shall be a valid defense to such action; nor shall any defense to such suit be interposed save only the plea of payment: Provided further, That in any case where the lands, or other property, are offered for sale by such commissioner, as provided by this article, and the sum of the tax due, together with interest, costs and penalty, is not bid for the same, such commissioner shall bid the same off in the name of the board of supervisors of such drainage district, bidding therefor the whole amount due as aforesaid; and upon confirmation of such sale, the court shall appoint a commissioner who shall make a proper deed therefor, as in other cases under this article, conveying such land to such drainage district; and such deeds, when duly executed in conformity to the provisions of this article, and recorded, shall be received as evidence in all cases showing an indefeasable title in said purchaser, unassailable in either law or equity. The former owner shall have the right to redeem any property sold at such sale within one year after the same is offered for sale by paying the purchaser the amount paid by him in the purchase of the property and any other tax thereon he may have paid, plus ten per cent interest on the whole amount.(1917, c. 26, §22.)

§23. Lien of Bonds; How Collected.—All bonds issued by supervisors under the terms of this article shall be a lien on all lands or other property so assessed in the district, and the board of supervisors shall see to it that a tax is levied annually and collected under the provisions of this article so long as it may be necessary to pay any bond issued or obligation contracted under its authority; and the making of such assessments or levy and collection may be enforced by mandamus.

If any bond or interest coupon or any bond issued by such board is not paid within thirty days after its maturity, it shall be the duty of the circuit court of the proper county, on application of any holder of such bond or interest coupon so overdue, to appoint a receiver to collect the taxes aforesaid; and the proceeds of such taxes and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by such board which are then due and payable; and such receiver may be directed by suit to foreclose the lien of such taxes on such lands; and the suits so brought by such receiver shall be conducted in all matters as suits by the board as hereinbefore provided, and with like effect, and the decrees and deed therein shall have the same presumptions in their favor: Provided, however, That when all such past due sums have been paid, the receiver shall be discharged, and the affairs of the district conducted by the board of supervisors of such district as hereinbefore provided.(1917, c. 26, §23.)

§24. Treasurer of District; Salary, Bond and Duties; Audit of Books.—The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of such district, except as otherwise provided herein. Such secretary shall receive such salary, payable monthly, as the board of supervisors may fix, and all necessary expenses. He shall obtain from the office of the clerk of the county court of the county or counties within which any land in the drainage district is situate records of transfer of property within such district made prior to April first of each year subsequent to the date of confirmation of the assessments by the court. He shall receive and receipt for all the drainage taxes collected by the sheriff, and he shall receive and receipt for the proceeds at all tax sales made under the provisions of this article. The treasurer shall give a bond in such amount as shall be fixed by the board of supervisors, conditioned that he will well and truly account for and pay out, as provided by law, all moneys received by him as taxes from the county collector or collectors, or as proceeds from the sales of delinquent taxes, or from any other source whatever on any account or claim of said district, which bond shall be signed by at least two sureties, approved and accepted by the board of supervisors, and such bond shall be in addition to the bond for proceeds of sale of bonds, which is required by a subsequent section of this article. The bond of such treasurer may, if the board so direct, be furnished by a surety or bonding company, which shall be approved by the board of supervisors. Such bond shall be placed and remain in the custody of the president of the board of supervisors, and shall be kept separate from all papers in the custody of the secretary and treasurer. The treasurer shall keep all funds received by him from any source whatever deposited at all times in some bank, banks or trust company to be designated by the board of supervisors. All interest accruing on such funds shall be extended each month to the credit of such district and statement thereof made to the board of supervisors. It shall be the duty of the super visors to audit or have audited the books of such treasurer as of June 30th of each year, and they shall publish a financial statement, within thirty days thereafter, showing the amount of money received, the amount paid out during such year, and the amount in the treasury at the beginning and end of each year. The treasurer of the district shall pay out funds of the district only on warrants authorized by the board of super visors, signed by the president of the board and attested by the signature of the secretary and treasurer, and showing the purpose for which issued.(1917, c. 26, §24.)

§25. General Powers of Board of Supervisors to Drain, Protect and Reclaim Land.—In order to effect the drainage, protection and reclamation of the land and other property in the district subject to tax, the board of supervisors is authorized and empowered to straighten, widen, change the course and line of any drain in or out of such district; to fill up any creek, drain, channel, river, water-course or natural stream; to divert or divide the flow of water in or out of such district; to construct and maintain sewers, drains, dikes, dams, sluices, revertments, drainage ditches, pumping stations, syphons, and any other works and improvements deemed necessary to preserve and maintain the works in or out of such district; to construct roadways over embankments; to construct any and all such works and improvements across, through or over any public highway, railroad, right of way, track, grade, fill or cut in or out of such district; to remove any fence, building or other improvements in or out of such district; and shall have the right to hold, control and acquire by donation or purchase, and, if need be, condemn, any land, easement, railroad or other right of way, sluice, or franchise in or out of such district for right of way, or for any of the purposes herein provided, or for the material to be used in constructing and maintaining such works and improvements for draining, protecting and reclaiming the lands in such district. Such board shall also have the right to condemn, for the use of the district, any land or property within or without such district not acquired or condemned by the court on the report of the appraisers assessing benefits and damages, and shall follow the procedure that is now provided by law for the appropriation of land or other property taken for telegraph, telephone and railroad rights of way.(1917, c. 26, §25.)

§26. Employment of Attorney.—The board of supervisors may employ an attorney or attorneys to act for the district and to advise such board. Such employment shall be evidenced by an agreement in writing, which, as far as possible, shall specify the exact or approximate amount to be paid to such attorney for all services and expenses. Such attorney shall conduct all legal proceedings and suits in court where the district is a party or interested, and shall in all legal matters advise the board of supervisors, all officers, employees or agents of such district and board, and generally look after and attend to all matters of a legal nature for such district.(1917, c. 26, §26.)

§27. Record of Board of Supervisors.—The board of supervisors of any district organized under this article shall cause to be kept a well bound book, entitled “Record of board of supervisors of............................................................ district,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees, and any and all corporate acts, which record or records shall at all times be open to the inspection of any one interested, whether taxpayers or bondholders.(1917, c. 26, §27.)

§28. Right to Enter and Appropriate Land; Title of District; Compensation of Owner.—The board of supervisors shall not have the right to enter upon or appropriate any land for right of way, or other works of the districts, until the price awarded to the owners of such land by the commissioners shall have been paid to such owners or into the hands of the circuit clerks of the courts organizing such districts for the use of such owners; and if the sums awarded be not so paid within five years from the date of filing the commissioners’ reports, all proceedings as to the taking of such property for rights of way and other works not so paid for shall abate at the cost of said district. Whenever any land is acquired by any district under the provisions of this article and the price of such property has been paid the owner by the district, the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district, and subject to its use, profit, employment and final disposition. The price awarded for all land acquired by any district for rights of way, or other works, and the amount of damages assessed by the board of appraisers and confirmed by the court to any tract or parcel of land or other property in the district shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner, and that portion of any tract or parcel of land or other property not taken for the use of the district shall be assessed for the benefits accruing in accordance with the provisions of previous sections of this article.(1917, c. 26, §28.)

§29. Crossing of Highway by Ditches; Cost of Construction; Enlarging or Changing Bridge, Culvert or Trestle.—Where any public ditch or drain constructed under the provisions of this article crosses a public highway or the right of way of any railroad, tramway, or any public utility, the cost of constructing such ditch or drain across such highway, railroad, tramway or other public utility shall be paid by the drainage district. When, in crossing such highway or right of way, the ditch or drain follows a natural water-course or the natural flow of the water, and it becomes necessary to construct, enlarge or reconstruct any bridge, culvert, aqueduct or other structure, such structures shall be constructed so as to conform to the plans and specifications of the chief engineer as provided for in “the plan for reclamation,” at the expense of the county in the case of crossing public highways, and at the expense of the rail road, tramway or other public utility when public utilities are involved. In all cases where the ditch or drain does not follow a natural water course but the water is diverted from its natural flow by the improvements, all necessary bridges, culverts, aqueducts and other structures across; public highways, rights of way of railroads, tramways and other public utilities shall be constructed at the expense of the district, but such structures shall thereafter be maintained by and at the expense of the county or public utilities as the case may be.

Whenever it becomes necessary for any county or any public utility to construct, enlarge or reconstruct any bridge, culvert, aqueduct or other structure under the provisions in the paragraph immediately preceding, such changes shall be made within the time directed by the circuit court either in term or vacation. In case such changes or adjustments are not made within the prescribed time, the board of supervisors may proceed to make such necessary changes at the expense of the county or public utility.

In case it is necessary to pass any dredge boat or other equipment through a bridge, aqueduct, trestle or other structure of any railroad company or other public utility, county, district, or municipality, the board of supervisors shall give twenty days’ notice to the owner of said structure that the same shall be removed temporarily by a certain date to allow the passage of such equipment, or that an agreement be immediately entered into in regard thereto. The owner of such structure shall keep an itemized account of the cost of the removal, and, if necessary, of the replacing of such structure, and such actual cost shall be paid by the district. In case the owner of such structure shall refuse to provide for the passage of such equipment, the board of supervisors may remove such structure at its own expense, interrupting traffic in the least degree consistent with good work and without delay or unnecessary damage. In case they shall be prevented from doing so, the owner of such structure shall be liable for damages for the resulting delay.(1917, c. 26, §29.)

§30. Unpaid Warrants to Draw Interest.—In case any warrant issued under this article is not paid when presented to the treasurer of the board of supervisors of the district, because of lack of funds in the treasury, such fact shall be indorsed on the back of such warrant, and such warrant shall draw interest thereafter at the rate of six per cent per annum until such time as there is sufficient money on hand to pay the amount of such warrant and the interest then accumulated.(1917, c. 26, §30.)

§31. Surety Bonds Made Payable to District.—All surety bonds required to be given by this article shall be made payable to the district in its corporate name, in which name all suits shall be instituted and prosecuted. All penalties on any bond herein named shall be payable to and recoverable by such district. All bonds required by this article shall cover defaults of deputies, clerks or assistants of the officers appointing them.(1917, c. 26, §31.)

§32. No Action to Abate on Account of Death or Disability.—No action under this article shall abate by reason of the death or disability of any party to any proceeding, but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or their legal representatives, and summons must be served on such heirs, devisees and legal representatives at least five days before the day set for hearing the cause, and such summons may be served in vacation or term time. If the heirs, devisees or legal representatives of the deceased party are nonresidents, notice shall be given them in the manner and for the time provided in section four of this article, and the cause shall then proceed in all respects as in case of the original parties in court.(1917, c. 26, §32.)

§33. Definition of “Owner”; Effect of Failure to Summon Owner.—The word “owner,” as used in this article, shall mean the owner of the freehold estate, as appears by the deed of record, and it shall not include reversioners, remaindermen, trustees, or mortgagees, who need not be notified by publication, or served by process, but shall be represented by the present owners of the freehold estate in any proceeding under this article: Provided, however, That all procedure under this article being in rem, failure to notify or summon into court any owner or other person shall in nowise invalidate any act, proceeding, order or decree, under this article or under any act or law invoked in aid thereof.(1917, c. 26, §33.)

§34. Amendment of Petition; Notice; Objections to Amendment; Hearing by Court; Appointment and Duty of Appraisers.—The board of supervisors for and in behalf of any drainage district organized under the provisions of this article, or the owners of land adjacent to such district, shall have the right to file a petition in the office of the clerk of the court organizing the district praying the court to amend its former decree incorporating the district, by correcting the names of landowners, by striking out any such names, by adding, striking out and correcting the descriptions of any lands within or alleged to be within the boundary lines of any such district, or in any other manner amend its decree. Such petition may ask permission of the court for such board to amend or change “the plan for reclamation,” or to correct any errors, omissions or other mistakes that have been discovered in “the plan for reclamation”; or may ask that the boundary lines of such district be extended so as to include lands described by and included in the petition and the decree of the court incorporating the district. If such petition asks the court for permission to change “the plan for reclamation” or that the boundary lines of such district be in any manner changed, it shall also ask the court to appoint three appraisers as provided for under the provisions of section twelve to appraise the land that shall be taken for rights of way or other works, or assess the benefits and damages to any or all lands and other property already in the district or that may be annexed to the district by the proposed amendments and changes in “the plan for reclamation” or the proposed change in the boundary lines of said district. As soon as such petition shall have been filed the clerk of the court shall give notice for the time required by section four of this article, such notice to be substantially in the following form:

Any owner of land or other property located in the district, or any owner of land or property located outside of the district, who will be affected by the proposed changes, amendments and corrections enumerated in the petition, shall have the right to file objections to the granting of the prayer of such petition on or before the first day of the term of the court at which the petition is to be heard. The court shall hear such petition and all objections that may have been filed against such petition in a summary manner and enter its decree according to its findings. The clerk of such court shall, within fifteen days after the granting of such decree, transmit a certified copy of such decree and a copy of the petition to the secretary of the board of supervisors, who shall transmit a copy of the same to the clerk of the county court of each county having land in the district. Each such county clerk shall file and preserve the same in his office. If such decree provides that “the plan for reclamation” may be amended, changed or corrected, or the boundary lines of the district extended, the court shall appoint three appraisers having the same qualifications as the appraisers appointed under the provisions of section twelve of this article, to appraise property to be taken, assess benefits and damages and estimate the cost of improvements the same as is required of appraisers acting under the provisions of section fourteen of this article. Such appraisers shall make their report in writing and file the same with the circuit clerk, after which the case shall be proceeded with in the same manner as is now provided for in the previous sections of this article for the organization of drainage districts: Provided, That if the petition be dismissed, the petitioner shall pay the cost, but if the petition be sustained in whole or in part the objectors shall pay the court costs.(1917, c. 26, §34.)

§35. Serial Bonds; How and When Issued.—The board of supervisors may, if in their judgment it seems best, issue serial bonds not to exceed ninety per cent of the total amount of unpaid taxes levied under the provisions of section eighteen of this article, in denominations of not less than one hundred dollars, bearing interest from date at a rate not to exceed six per cent per annum, payable semi-annually, to mature at annual intervals within fifteen years, commencing after a period not later than five years, to be determined by the board of supervisors, both principal and interest payable at some convenient banking house or trust company’s office to be named in such bonds, which bonds shall be signed by the president of the board of supervisors, attested with the seal of such district and by the signature of the secretary of such board. All of such bonds shall be executed and delivered to the treasurer of such district, who shall sell the same with accrued interest to the best possible advantage in such quantities and at such times as the board of supervisors may direct. Such bonds shall show on their face the purpose for which they are issued, and shall be payable out of the money derived from the aforesaid taxes. A sufficient amount of the drainage tax shall be appropriated by the board of supervisors for the purpose of paying the principal and interest of such bonds and the same shall, when collected, be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six per cent per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment. Any expenses incurred in paying such bonds and interest thereon and a reasonable compensation to the bank or trust company for paying same shall be paid out of the other funds in the hands of the treasurer and collected for the purpose of meeting the expenses of administration. It shall be the duty of such board of supervisors, in making the annual tax levy as heretofore provided, to take into account the maturing bonds and interest on all bonds, and to make ample provisions in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of section eighteen of this article are not sufficient to pay the principal and interest on all bonds issued, then the board of supervisors shall make such additional levy or levies as are necessary for this purpose, and under no circumstances shall any tax levies be made that will in any manner or to any extent impair the security of such bonds or the fund available for the payment of the principal and interest of the same. Such treasurer, at the time of the receipt by him of such bonds, shall execute and deliver to the president of the board of supervisors of such district a bond with good and sufficient sureties, to be approved by such board of supervisors, conditioned that he shall account for and pay over as required by law and as ordered to do by such board of supervisors any and all money received by him on the sale of such bonds, or any of them, and that he will only sell and deliver such bonds to the purchaser or purchasers thereof under and according to the terms herein prescribed, and that he will return, duly canceled, any and all bonds not sold, to the board of supervisors, when ordered by such board so to do, which bond shall remain in the custody of the president of such board of supervisors, who shall produce the same for inspection or for use as evidence whenever and wherever legally requested so to do. Such treasurer shall promptly report all sales of bonds to the board of supervisors, and the board shall, at the proper time, issue warrants for the payment of the maturing bonds so sold, and the interest payments coming due on all bonds sold and a reasonable compensation to the bank or trust company, and such treasurer shall place sufficient funds at the place of payment to pay the same. In case proper warrants are not issued by the board of supervisors as herein provided, then the treasurer shall of his own accord place funds at the place of payment, and the canceled bonds and coupons and the receipt of the bank or trust company shall be accepted in lieu of warrants. The successor in office of any such treasurer shall not be entitled to such bonds or the proceeds thereof until he shall have complied with all the foregoing provisions applicable to his predecessor in office: Provided, That if it should be deemed more expedient by the board of supervisors, as to moneys, derived from the sale of bonds issued, such board may, by resolution, select some suitable bank or banks or other depository, as temporary treasurer or treasurers, to hold and disburse such moneys on the orders of the board as the work progresses, until such fund is exhausted or transferred to the treasurer by order of such board of supervisors. The funds derived from the sale of such bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees and salaries as may be authorized by law, and shall be for no other purpose.(1917, c. 26, §35.)

§36. Right of Supervisors to Formulate New Plans, Make Additional Assessments, etc.—Where “the plan for reclamation” of the drainage district is found insufficient to reclaim in whole or in part any or all of the land of the district, the board of supervisors shall have the right to formulate new or amended plans containing new ditches, levees or other works, and additional assessments may be made in conformity with the provisions of section thirteen, the same to be made in proportion to the increased benefits accruing to the lands because of the additional works. If it should be found at any time that the amount of total tax levied under the provisions of section eighteen is insufficient to pay the cost of the works set out in “the plan for reclamation,” or additional work done under the provisions of this section, the board of supervisors may make an additional levy to provide funds to complete the work, provided the total of all the levies of such tax does not exceed the total amount of benefits assessed.(1917, c. 26, §36.)

§37. Removal of Officer or Employee.—The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by such board.(1917, c. 26, §37.)

§38. Connection of Ditches or Drains; Consent Thereto.—At the time of the construction in any district incorporated under this article of “the plan for reclamation” hereinbefore referred to, all ditches or systems of drainage already constructed in such district and all water-courses shall, if necessary to the drainage of any of the lands in such district, be connected with and made a part of the works and improvements of the plan of drainage of such district. But no ditches, drains or systems of drainage constructed in such district shall be connected therewith, unless the consent of the board of supervisors shall be first had and obtained, which consent shall be in writing and shall particularly describe the method, terms and conditions of such connection, and shall be approved by the chief engineer. Such connections, if made, shall be in strict accord with the method, terms and conditions laid down in such agreement. If the landowner or owners wishing to make such connection are refused by the board of supervisors or decline to accept the consent granted, such landowner or owners may file a petition for such connection in the circuit court having jurisdiction in such district, and the matter in dispute shall in a summary manner be decided by such court, which decision shall be final and binding on the district and landowner or owners. No connection with the works or improvements of such plan of drainage of such district or with any ditch, drain or artificial drainage wholly within such district shall be made, caused or affected by any landowner or owners, company or corporation, municipal or private, by means of any ditch, drain, cut, fill, roadbed, levee, embankment or artificial drainage, wholly without the limits of said district, unless such connection is consented to by the board of supervisors, or in the manner hereinbefore provided.(1917, c. 26, §38.)

§39. Maintenance and Preservation of Ditches; Tax Therefor; Duties of Sheriff.—To maintain and preserve the ditches, drains, levees or other improvements made pursuant to this article and to strengthen, repair and restore the same, when needed, and for the purpose of defraying the current expenses of the district, the board of supervisors may, upon the completion of such improvements, and on or before the first day of July in each year thereafter, levy a tax upon each tract or parcel of land and upon corporate property within the district, to be known as a “maintenance tax.” Such maintenance tax shall be apportioned upon the basis of the net assessments of benefits accruing for original construction, shall not exceed ten per cent thereof in any one year, and shall be certified to the sheriff of each county in which lands of such districts are situated in the same manner and at the same time as the annual installment tax is certified. The sheriff of the county shall demand and collect the maintenance tax and the return thereof at the same time and in the same manner as is provided herein for the annual installment tax.(1917, c. 26, §39.)

§40. Consolidation of Adjacent Districts.—Any two or more adjacent districts, whether incorporated in the same or different counties, may be united and consolidated in one district, and such new district and the board of super visors thereof shall have the rights, powers and privileges of any districts organized under this article. In order to effect such consolidation, the board of supervisors of each of the original districts shall call an election in the same manner as elections of supervisors, stating the time, place and object of such election. If a majority of the acreage voting in each district vote in favor of the proposition to unite and consolidate such districts, the board of supervisors of each district shall present a petition to the circuit court of the county in which the greatest amount of the land is located, accompanied with a complete return of such election, in which petition shall be stated the name of the original district, when established, the names of the owners of the lands and boundaries of the district. When such petition has been filed, the circuit clerk shall give notice of such filing in the manner provided for giving notice in section four of this article, which notice shall state the contents of such petition and the objects sought and the term of court at which such matter is to be heard. Any person owning land in either of such districts, on or before the first day of such court, may file objections to the regularity or sufficiency of any of the proceedings had in the premises, and if such objections are overruled, or if no objections are made, the court shall enter an order that any two or more of the several districts so asking shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organized under this article, and the lands so included in the new district shall be subject to all liens, liabilities and obligations of the original districts, and a new board of supervisors shall be elected, as is now provided in case of election of supervisors, and all orders made in regard to extension of time, boundaries, or uniting districts shall be spread on the records of the circuit court, and a certified copy thereof shall be filed with the recorder of deeds of each county in which any of such lands are located.(1917, c. 26, §40.)

§41. Penalty for Obstructing Drain or Damaging Drainage Work.—Any person who shall obstruct a drain or damage drainage works constructed under the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars, and he shall also be liable to the district for double the cost of removing such obstructions and repairing such damage.(1917, c. 26, §41.)

§1. Definitions.—All vinegar made by fermentation without distillation must carry in solution only the extractive matter derived exclusively from the fruit, grain, sugar or syrup from which it was derived and fermented. All vinegars herein defined shall comply with the provisions of this article.

The terms “cider vinegar” and “apple vinegar,” or words of similar import, shall be construed to mean the product made exclusively from the expressed juice of fresh apples, or parts of fresh apples, by alcoholic and subsequent acetous fermentations without distillation.

The term “evaporated apple products vingar,” or “vinegar made from evaporated apple products,” or words of similar import, shall be construed to mean the product made by the alcoholic and subsequent acetous fermentations, without distillation, of the aqueous extract obtained from clean, sound, dried apples, dried chopped apples, dried apple skins or cores, dried apple pomace or boiled cider.

The terms “wine vinegar” and “grape vinegar,” or words of similar import, shall be construed to mean the product made exclusively from the expressed juice of fresh whole grapes by alcoholic and subsequent acetous fermentations without distillation.

The term “malt vinegar,” or words of similar import, shall be construed to mean the product made by the alcoholic and subsequent acetous fermentations, without distillation, of an in fusion of barley fruit or cereals whose starch has been converted by malt.

The term “sugar vinegar” or words of similar import, shall be construed to mean the product made by the alcoholic and subsequent acetous fermentations, without distillation, of solutions of sugar, syrup, molasses or refiner’s syrup.

The terms “glucose vinegar” or “corn sugar vinegar,” or words of similar import, shall be construed to mean the product made by the alcoholic and subsequent acetous fermentations, without distillation, of solutions of corn sugar or glucose prepared from corn starch.

The terms “spirit vinegar” and “distilled vinegar,” or words of similar import, shall be construed to mean the product made by the acetous fermentation of dilute distilled ethyl alcohol.

§2. Adulterated Vinegar.—Vinegar, as defined in section one, which fails to comply with such definitions or which contains any substance or ingredient not derived exclusively from the fruit, grain, sugar or syrup from which it was made, except as provided in section four, shall, for the purposes of this article only, be deemed adulterated.

All vinegar, whether made by fermentation or by the process of distillation with subsequent acetification, which contains less than four grams of acetic acid in one hundred cubic centimeters of the vinegar at twenty degrees centigrade, shall be deemed adulterated.(1927, c. 50, §§3, 4.)

§3. Certain Products Not to be Sold as Vinegar.—The product made by the destructive distillation of wood known as pyroligneous acid, or acetic acid derived from other sources than hereinbefore provided, or a product in which any such acid shall be used, mixed, or com pounded, shall not be sold, offered or had in possession for sale as vinegar.(1927, c. 50, §5.)

§4. Packages Must Show Acid Strength.—Packages containing vinegar, as defined in section one, which has been reduced with water must be plainly marked, “Reduced to................ per cent acid strength,” indicating the acidity to which it has been reduced.(1927, c. 50, §6.)

§5. Containers; How Marked.—Each cask, barrel or other container of vinegar, as defined in section one, shall be plainly marked with the name of the manufacturer and place where such vinegar was made or the name and place of business of the distributor thereof, preceded by the words “manufactured for” or “distributed by” or some equivalent phrase, and the kind of vinegar contained therein, in the terms above defined, and no person shall falsely mark any package containing any vinegar so defined, with any other brand or designation or with any additional words, marks or description, which shall be false or deceptive in any particular whatever.(1927, c. 50, §7.)

§6. When Manufacture and Sale Prohibited.—No person, firm or corporation shall manufacture, sell, offer, or have in possession for sale, in this State:

(a) Any vinegar defined in section one which does not comply with the definitions therein set forth and the provisions of this article;

(b) Any adulterated or misbranded vinegar;

(c) Any vinegar or product or product made in imitation of any vinegar defined in section one;

(d) Any vinegar to which any artificial coloring matter has been added of any kind whatever.(1927, c. 50, §8.)

§7. Offenses; Penalties.—Any person violating any provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars for the first offense, and not less than five dollars nor more than two hundred dollars for each subsequent offense.(1927, c. 50, §9.)