R. S. 27-Act 126, 1898 fertilizers sold in this State or for use in this State without having been inspected or tagged as provided for in this act shall be conclusively presumed to be fraudulent fertilizers, within the meaning of this prohibitory law, the price of which shall not be collected, and all notes, contracts and obligations based on the sale thereof shall be null and void. [Rules and Regulations for Inspection.] SEC. 12. Be it further enacted, etc., That the Commissioner shall prescribe rules and regulations providing for the inspection of fertilizers; shall collect the monies arising from the issuance of tags as evidence of inspection, and from fines imposed under this act, and shall require the same to be deposited with the Treasurer of the State, and only to be drawn therefrom upon the warrants issued by the Auditor of the State, upon the requisition of the Commissioner; and the said Commissioner shall be entitled to receive no fees for collecting or disbursing said money, except his salary as provided for by law, but he shall be allowed, if needed, a clerk at the salary to be fixed by the said Board of Agriculture and Immigration not to exceed $1200 per annum, and payable out of the Fertilizer Fund; and all sums of money arising from the provisions of this act shall be known as the "Fertilizer Fund," and shall be kept by the Treasurer separate from other public funds, and shall be exclusively used, as far as they may go, to defray the expenses of inspection and analysis herein required, and of making practical and scientific experiments with fertilizers to test their virtue and value. [Disposition of Fees, Fines, etc.] SEC. 13. Be it further enacted, etc., That the net proceeds of all inspection fees imposed by this act, and of all fines and penalties collected under this act (of all which the Commissioner shall keep a correct and detailed account) constituting the Fertilizer Fund, shall be divided between the State Experiment Station at Baton Rouge, the Sugar Experiment Station at New Orleans, and the North Louisiana Experiment Station at Calhoun, Louisiana, to be used for the purpose herein designated as compensation for all analyses, tests and experiments required. That the director of said stations shall be the official chemist of the Louisiana State Board of Agriculture and Immigration; he shall have made all analyses required or authorized under this act and shall attend all chemical and agricultural conventions, the leading objects of which are to discuss questions pertaining to fertilizers. He shall perform such other duties as may be imposed by this act without compensation other than the benefits which may be derived by the stations from their participation in the said Fertilizer Fund, as hereinbefore directed, except his traveling expenses in attending said conventions, which shall be paid out of the Fertilizer Fund. R. S. 27-Act 182, 1898 [Repealing Clause.] SEC. 14. Be it further enacted, etc., That Act No. 72, of 1894, be and the same is hereby repealed in so far as it might operate in the future; but as to the offenses committed, liabilities already incurred, and claims now existing thereunder, it shall be and remain in full force and effect. The Act 72, 1894, similar in its provisions to the foregoing act, was repealed by See. 14 and came before the Supreme Court in State vs. Crozier, 50 An. 245, and State ex rel. Crozier vs. Rost, Judge, 49 An. 1451. The latter case was an applica tion for certiorari and prohibition to test the constitutionality of the act, etc. The court refused the writs and declined to pass then on the issue of constitutionality vel non. In State vs. Crozier, 50 An. 245, the court again declined to pass on the constitutional issue, but held that the statute was quasi-criminal in its nature, and an injunction obtained under its provisions by the Attorney General could not be dissolved on bond. BIOLOGIC STATION. Act 182, 1898, p. 428. AN ACT to create and establish on the Gulf Coast of Louisiana, a Biologic Station for special investigations of problems affecting fish and fisheries. [Purpose and Object.] SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That a Biologic Station for the investigation of problems affecting the fish and fisheries of Louisiana be established and located on the Gulf Coast of this State. [Board of Control.] SEC. 2. Be it further enacted, etc., That the control of said station be vested in a Board of Control, consisting of the Governor of the State, the State Superintendent of Education, the State Commissioner of Agriculture and Immigration, and the Presidents of the State University, the State Normal, the State Industrial Schools and Southwestern Industrial Institute, at Lafayette, Louisiana. That said Board of Control shall have full power and authority to pass all needful regulations and rules for the government and management of said Station; to fix and determine a scale of charges and fees to be paid by all persons using said Station and its apparatus, and availing themselves of its advantages and facilities; to elect honorary members, annual and life, on such terms and conditions as the Board may provide; to accept donations of money or property for the benefit and use of said Station, and to devote the same to the purposes and objects of said Station; to acquire lands necessary to the extension or improvement of the said Station; to receive all funds appropriated by the State or donated by persons, or institutions, and to control and manage the same, and Act 182, 1898-R. S. 28 disburse the same for the necessary expenses of the Station; to fish unmolested, in any of the public waters of the State with dredging apparatus, seines, nets, trawls, surface trawls, and all other instruments and apparatus for the sole purpose of obtaining the materials needed in the prosecuting the purposes and necessary investigations in the directions of the scientific objects for which the Station is established, as set forth in the original act; and generally all powers and authority necessary to carry out the purposes and objects of said act, in investigating the Fauna and Flora of the Gulf of Mexico, and the waters adjacent thereto. (As amended by Act 163, 1900, p. 246.) SEC. 2. Be it further enacted, etc., That all existing laws, or parts thereof in conflict with the provisions of this act be, and are hereby repealed. (Sec. 2, Act 163, 1900.) [Powers of Board.] SEC. 3. Be it further enacted, etc., That the Board of Control of the Gulf Biologic Station provided for by this act be empowered and directed to locate said Station, to provide for co-operation in its investigations with the United States Commission of Fish and Fisheries, to offer its facilities, under proper regulations, to special investigation and students, in the Biologic Sciences, and to publish in the publication of the State Bureau of Agriculture and Immigration the results of the investigations of said Station that may be of value in the development of the Biologic resources of the State. Act 49, 1886. Adulterated sugar and molasses must be sold as such, and plantation brands must not be used, printed under title "Quarantine." Act 90, 1886. Fraudulent practices of nurserymen, printed under title “Quarantine.'' Act 111, 1886. Jury." Act 129, 1894. title "Quarantine." Act 147, 1894. under title "Police Sec. 383 et seq. Sec. 593 et seq. To encourage sheep husbandry, printed under title "Police Introduction, etc., of diseased fruit trees, etc., printed under Suppression of glanders and other infectious diseases, printed Brands and marks of animals. Colleges of Agriculture and Mechanics. "Agricultural Experiment Stations, see note at p. 661. APPEALS. [When Judge Must Deliver Written Charge to Jury.] 28. In all cases appealable to the Supreme Court, it shall be the duty of the judge to deliver his charge in writing, if the counsel of either party require the same (Act 1831-14-8). See C. P., Art. 515, part 2. R. S. 29-44 29.-Directs changes in C. P., Arts. 573 and 574, so that appeal may be taken by petition or motion in open court, that judge shall fix amount of bond, and that citation of appeal, etc., is not necessary where appeal is by motion. Now embodied in C. P., Arts. 573, 574. Art. 573 Amd. Act 49, 1871, p. 151. 30.-Directs changes in C. P., Arts. 575 and 624, so that notice of judgment is not necessary where there was personal service, or answer filed. In country parishes fifteen days allowed for appeal from end of term. Now embodied in C. P., Arts. 575, 624. C. P., Art. 624. Allows ten days. R. S. directs fifteen days. Quare? 31 to 37.-Relate to fixing of return day, the trial in the Supreme Court, etc., superseded by Act 45 E. S. 1870, Secs. 4, 5, 8, 9, 11, 12, and Act 30, 1878, printed under title "Judiciary Department," Secs. 1902 to 1908, which are like Secs. 31 to 37. The Act of 1870 relates partly to appeals and partly to judiciary department. The sections relating to appeals would most appropriately have been printed under title "Appeals," but it was deemed best not to divide the act, and print part under "Appeals" and part under "Judiciary Department."' 38. Appeal from Justices of the Peace to be tried de novo, but parties may agree upon statement of fact. Now embodied in C. P., Arts. 1129, 1130, 1135, 1136. 39. Appellate Court to render such judgment as should have been rendered. Damages for frivolous appeal. See C. P. Art. 1138. 40. Appeal in contested election cases. Emoluments of office determine jurisdiction of Appellate Court. Appeal is suspensive. See Sec. 1434. 41. Declaration that Act (No. 11 of 1856) went into "effect from and after its passage," and applied to pending as well as future cases. 42. Preference in Supreme Court for contested election cases. See Sec. 1435. 43. Time within which to appeal suspensively. Requisites of bond. How surety may be tested out of term. See C. P. Art. 575, as amended by Act 45 of 1890, p. 38. 44. Appeals in ejectment suits to have preference. See Sec. 2163. R. S. 45-62 45 to 47. Expropriation suits, preference in District Court, in Supreme Court. Title to property expropriated by corporations shall pass clear of all mortgages and privileges. Deposit and distribution of resulting fund. See Secs. 1489 to 1491. 48. Preference for appeals taken since June 1, 1860, and still pending, if transcripts were filed within a certain time. See Sec. 1914. 49. Supreme Court clerks at New Orleans and Monroe shall deliver certain records of appeal to parties or agents or attorneys. See Sec. 1925. 50. Appeals from Parish to District Courts shall be tried de novo. See C. P., Art. 586. 51. Laws governing appeals from District Courts are applicable also to those from Parish Courts. See C. P., Art. 586. 52. Suits to obstruct the collection of tax under Act 114 of 1868 to have preference in court where instituted and in Supreme Court. See Sec. 3351 and Revenue Act 170-1898, now controlling the whole subject. 53 to 57. Appeal to District Court from decision of register in conflicting claims for lands granted to the State by acts of Congress. Register shall deliver transcript and trial shall be de novo. When transcript is filed, clerk shall issue citations and all proceedings shall be as in ordinary cases. Parties entitled to trial by jury, and from District, may appeal to Supreme Court. After final judgment, clerk shall send copy to Register. See Sec. 2976 to 2980. 58. Deposit in appeals from judgments of justice of the peace in New Orleans to Third District Court. 59. Excess and insufficiency of deposit to be settled by clerk and appellant, respectively. Third District Court superseded. Const. 1879, Art. 130. Fee for filing appeal in Civil District governed by Sec. 1, Act 136 of 1880(?). State ex rel. Cittarotto vs. Judge, 37 An. 574. See Act 136, 1880 (printed under title "Costs''), for other notes of cases. 60. Appeals in parish of Jefferson repealed by C. P., Art 575, as amended by Act 45, 1890, p. 38. 61. Appeal under intrusion of office act (Act 156, 1868, p. 199). See Sec. 2604. 62. Judgments of Supreme Court, when final, right to apply for rehearing within the time. See C. P. 911, as amended by Act 18 of 1879, p. 33. |