to agents.

of this act provided, that when the manufacturer of proviso any brand of fertilizer or manure shall file said sworn statement no agent or dealer shall be required to file -what such statement. The making of any affidavit required deemed perby this chapter falsely, shall be perjury.

jury.

fee, who to

3. The manufacturer, importer, agent or seller of Registration any brand of commercial fertilizer or material used pay. for manurial purposes, shall pay for each brand at the time he files a sworn statement required by section two of this act a registration fee of one dollar per

annum.

whom paid

as

4. The registration fee, required to be paid by section Such fee; to three of this act, shall be paid to the treasurer of the and how West Virginia University for the use of the Agricul- used. tural Experiment Station, and the party making such payment shall take from the said treasurer triplicate receipts receipts therefor, one of which he shall retain, and the how disposed others shall be deposited, one with the director of the of. Agricultural Experiment Station, and the other with the secretary of the board of regents, and by them filed and preserved in their respective offices.

for fee and

issued to

when and by

specify.

5. Immediately after the filing of the receipts Certificate aforesaid, with the director of the Agricultural Ex- manufacperiment Station, said director shall issue a certificate turer, etc.; to the party making such payment stating the amount whom. of fees paid, and the name, brand or trade mark under which the fertilizer is sold; the name and address of what to the manufacturer or importer, the place of manufacture, and that the applicant for said certificate is authorized to sell said fertilizer within the State of West Virginia for the period of one year from the first day of January to the thirty-first day of December, inclusive. Said certificate may be issued at any time -at what for and during the current year, and may be issued time such during the month of December for the year commenc- may be ing on the first day of January thereafter.

good for, how long.

certificates

issued.

Duty of

furnishing

6. It shall be the duty of the director of the West Virginia Agricultural Experiment Station to print or director as to cause to be printed a label or tag, setting forth the printing and sworn statement required in section two of this act. labels and The director shall furnish such labels or tags in quan- tags. tities of one hundred or multiples thereof, to any per

-pay for such tags,

son complying with the requirements of this act, and desiring to sell, offer or expose for sale any commercial fertilizer in this State, and shall receive pay thereetc., and how for at the rate of forty cents for such number of labels disposed of. or tags as may be required to be affixed to one ton of fertilizer, and shall without delay, pay the same to the treasurer of the West Virginia University, for use of the Agricultural Experiment Station, and take duplicate receipts therefor, one of which he shall retain, and the other he shall deliver to the secretary of the board of regents, who shall file and preserve the same in his office

-receipts.

Disburse

ment of receipts, by whom and how.

-included in report.

analysis,

-rules and regulations.

who else may take

7. The board of regents of the West Virginia University shall expend the money received under the provisions of this act in meeting the legitimate expenses of the station; in making analyses of fertilizers; in experimental tests of same, and in such other experimental work and purchases as shall inure to the benefit of the farmers of this State, and shall include in their annual report a statement of the receipts and disbursements thereof.

8. It shall be the duty of the director of the said Samples for experiment station, in person or by deputy, to take duty of direc- samples for analysis from any lot or package of any tor as to. fertilizer or manure, which may be in the possession of any dealer in the State, and he is hereby authorized to prescribe and enforce such rules and regulations as he may deem necessary to carry fully into effect the true intent and meaning of this act; and any agriculturalist, purchaser of any fertilizer or manure in this State, may take a sample of the same under the rules samples, and and regulations of the director of the said experiment station and forward the same to him for analysis, and if the director has reason to believe that the manufacturer of, or dealer in, such fertilizer or manure has made any false or fraudulent representations in regard to said fertilizer, or manure, he shall cause the said sample to be analyzed free of charge, and certify the same to the person forwarding the sample. And -dealers and it shall be the duty of every agent or dealer in fertinotify direc- lizers or manures, within the meaning of this act, in tor, of what. this State when ordering consignments thereof, to

for what;

-analysis free, when.

-what to certify.

agents to

promptly notify the director of the said experiment station of the amount ordered, and the place and ap

proximate time of delivery of said fertilizers and ma

nure.

9.

Said director shall also publish by bulletin, brand, name and location of the manufacturer chemical analysis of every fertilizer

or manure

the Director, and what to pub

lish by bul

an- letin.

alyzed or caused to be analyzed by him. Said last pub- -last publilication to be made, if practicable, before the time at cation. which said fertilizer is to be applied to the soil.

fertilizer

what viola

10. Any manufacturer or vender of any or manure who shall sell or offer or expose for sale Penalty, for any fertilizer or manure without having previously tions. complied with the provisions of this act, as hereinbefore set forth, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars.

Further pen

what tions.

11. Any company, firm or corporation who shall wilfully remove from, or deface or change any label, alty and for or tag, or brand affixed to any package of fertilizer, violaunder the provisions of this act, before such fertilizer has been used for manurial purposes, or who shall sell such fertilizer without such label or tag being affixed thereto at the time of the sale, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offence.

12. Any company, firm or person who shall remove same from or cause to be removed from any package of subject. commercial fertilizer or manure any statement, label or tag affixed thereto, under the provisions of this act and affix or cause the same to be affixed to any other package of commercial fertilizer or manure, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offence.

13. Any company, firm or person, violating any of Same the provisions of this act, or who fails to comply with subject. any of the requirements of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall when no other penalty is prescribed, be fined not less than ten nor more than one hundred dollars for each offence. But this act shall not be construed to apply to any one who manufactures fertilizers for his own use and not for sale.

report viola

attorney.

-what re

Director to 14. The director of said experiment station shall tions, etc., to report to the prosecuting attorney, of the county, prosecuting where the offence was committed, all violations of the provisions of this act. and failure to comply therewith; and a copy of any label, statement or tag required to ceived as evi- be filed with said director or prepared by him, and any analysis made or caused to be made by him, when duly certified by said director, shall be received in evidence in any prosecution or suit for any violation of the provisions of this act.

dence.

Acts repealed.

15. Chapter seventy-two of the acts of eighteen hundred and ninety-one is hereby repealed.

*Code amended.

Disturbances of schools, :societies, etc.

-a misdemeanor; penalty.

(House Bill No. 327.)

CHAPTER 98.

AN ACT to amend and re-enact section nineteen of chapter one hundred and forty-nine of the Code of one thousand eight hundred and ninety-nine.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia:

That section nineteen of chapter one hundred and forty-nine, of the code of one thousand eight hundred and ninety-nine, be amended and re-enacted so as read as follows:

19. If a person wilfully interrupt, molest or disturb, any free school or other school, literary society or any other society formed for intellectual, social or moral improvement, or organized or carried on under or in pursuance of the laws of this State, or any Sunday school, or other school, or school exhibition, or fourth of July celebration, Christmas tree, or church festival, or any other festival, or any society, lawfully carried on, he shall be guilty of a misdemeanor, and fined not less than ten nor more than fifty dollars, and, at the discretion of the court, be confined in the jail of the county not more than thirty days, in addition to said fine.

(Senate Bill No. 119.)

CHAPTER 99.

AN ACT to amend and re-enact section twenty-three of chapter one hundred and forty-five of the Code of West Virginia of 1899.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.]

Be it enacted by the Legislature of West Virginia:

That section twenty-three of chapter one hundred Code and forty-five of the code, be amended and re-enacted amended so as to read as follows:

taining

property by,

writing, etc.

-how pun

23. If any person obtain from another, by any false False prepretence, token or representation, with intent to de- tenses, tokfraud, money, goods or other property which may be ens, etc.; obthe subject of larceny, or if he obtain from another money or any money, goods or other property, which may be the deemed larsubject of larceny, on credit, by representing that ceny. there is money due him, or to become due him, and shall assign his claim for such money, in writing, to the person from whom he shall obtain such money, goods or other property, and shall afterwards collect the same without the consent of such assignee, with intent to defraud, he shall in either case be deemed guilty of larceny; or if any person obtain by any false obtaining pretence, token or representation, with intent to de- signature to fraud, the signature of any other person to a writing, the false making whereof would be forgery; every per-how son so offending against any of the provisions of this ished. section shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than five years, or at the discretion of the court be confined in jail not more than one year and be fined not exceeding five hundred dollars. And any person who shall re-removal of move any of his property out of any county with intent property out to prevent the same from being levied upon by any ex- secreting. ecution, or who shall secrete, assign or convey or tent to deotherwise dispose of any of his property with intent fraud. to defraud any creditor or prevent such property be- -receiving ing made liable for payment of his debts, and any per- such properson who shall receive such property, with such intent, intent. shall be deemed guilty of a misdemeanor and upon con- -how viction thereof shall be fined not less than twenty- punished. five nor more than one thousand dollars and impris

of county,

etc., with in

ty with such