besides liable to a penalty of one hundred and fifty dollars ($150) for each omission, which penalty may be sued for either by the Commissioner of Agriculture or by any other person for the uses hereafter declared. And it shall be the duty of the Attorney General and of the several District Attorneys when requested by the Commissioner of Agriculture to enjoin any person, firm or corporation resident or non-resident, from manufacturing or selling fertilizers in this State or selling fertilizers for use in this State, without complying with each and all the requirements of this act, without bond or advanced cost. Any person who shall counterfeit or use a counterfeit of the tag prescribed by this act, knowing the same to be counterfeit, or who shall use them a second time, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars ($500), one-half of which fine to be paid to the informer; which fine may be doubled or tripled at each second or third conviction, and so on progressively for subsequent conviction. SEC. 7. That all fertilizers or chemicals for manufacturing or composting the same, offered for sale or distribution in this State, shall have printed upon or attached to each bag, barrel, or package, in such a manner as the Commissioner of Agriculture may, by regulation, establish the true analysis of such fertilizer or chemical as claimed by the manufacturer, showing the per cent. of valuable ingredients such fertilizers or chemicals contained. SEC. 8. That the Commissioner of Agriculture may inspect or cause to be inspected and may obtain or cause to be obtained at his discretion, fair samples of all fertilizers sold or offered for sale in this State or offered for sale or sold for use in this State, from manufacturers or dealers, and shall have them analyzed by the official chemist, and shall publish the analysis for the information and protection of the public. SEC. 9. That it shall be the duty of every person who sells a lot or package of commercial fertilizer, upon the request of the purchaser to draw from the same, and in the presence of the purchaser or his agent, a fair and correct sample in such a manner as the Commissioner of Agriculture may, by regulation, establish, and submit the same for inspection as herein before provided. SEC. 10. That no fraudulent fertilizers shall be sold for use in this State; that the price of fraudulent fertilizers shall not be collected by law; that no person buying fraudulent fertilizers in this State or for use in this State shall be bound in any manner to pay the price or cost thereof; that all fertilizers sold in this State or sold 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 can not be collected, and all notes, contracts and obligations based on the sale thereof shall be null and void. SEC. 11. That the Bureau of Agriculture shall adopt needful rules and regulations providing for the inspection of fertilizers. the collection of the money 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 of Agriculture made in pursuance of such rules and regulations; and the said Commissioner of Agriculture 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 a clerk at the salary to be fixed by said bureau 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 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. SEC. 12. 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 and the sugar experiment station at New Orleans, in such a manner as the Bureau of Agriculture shall direct, to be used for the purposes herein designated as compensation for all analysis tests and experiments required, that the director of said station shall be the official chemist of the Bureau of Agriculture; he shall have made all analysis required or authorized under this act, and shall attend all chemical and agricultural conventions and 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 participations in the said fertilizer fund as herein before directed, excepting traveling expenses in attending said conventions, which shall be paid out of said Fertilizer Fund. SEC. 13. That Act 51 of 1886 be and the same is hereby repealed in so far as it may be intended to operate in the future; but as to the offences committed in the past, liabilities already incurred, and claims now existing, thereunder, it shall be and remain in full force and effect. 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. To encourage sheep husbandry, printed under title "Police Jury." Act 129, 1894. Introduction, etc., of diseased fruit trees, etc., printed under title "Quarantine." Act 147, 1894. Suppression of glanders and other infectious diseases, printed under title Police Jury." Sec. 383 et seq. Brands and marks of animals. Sec. 593 et seq. Colleges of Agriculture and Mechanics. APPEALS. 28. In cases appealable to Supreme Court judge must charge jury in writing when requested. See C. P., Art. 515, part 2. 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. Appeals 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. determine jurisdiction of Appellate Court. See Sec. 1434. Emoluments of office Appeal is suspensive. 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. 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. 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 abolished. Const., Art. 130. Fee for filing appeal in Civil District governed by Sec. 1, Act 136 of 1880(?). State ex rel. Cettarotto vs. Judge, 37 An. 574. 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 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. APPRAISEMENT. 63. When application for A. must be made. See Sec. 3424. 64. Notice of A. by sheriff. See Sec. 3427. 65. Oath of appraisers. See C. P., Art. 673. 66. By whom administered. See C. P., Art. 770. Act 7. 1877, p. 10. May be made before Notary Public. IN THE PARISHES OF ORLEANS AND JEFFERSON. 67. Plaintiff and Defendant May Act, etc.-In all cases, in the parishes of Orleans and Jefferson, of property seized under execution, or in pursuance of an order of court, where, under existing laws, an appraisement is required previous to sale, it shall be sufficient that the plaintiff in the suit shall be one appraiser, the defendant another, or such person as the plaintiff or defendant may designate; and in the event of their disagreement the sheriff or auctioneer making the sale shall constitute the umpire, whose decision shall be final, and no fee shall be allowed to any officer or other person for appraising property (Act 21, 1869, 18). C. P., Art. 674, Oath of umpire; C. P., Arts. 671, 672. 68. Appraisers in Succession Sales.-In all cases where property belonging to a succession is to be sold in pursuance of an order of court, where appraisements are required previous to sale, it shall be sufficient that the administrator, executor, tutor or other person representing the succession, shall constitute and be one appraiser, and the ereditor on whose application the property is sold, or one of the heirs, if sold to effect a partition, shall be and constitute the other, and the sheriff or auctioneer making the sale shall be the umpire, whose decision shall be final, and no fees whatever shall be allowed to any of the aforementioned persons, or to any persons whatever for appraising property. 69. When Court Shall Designate Appraisers.-In the event there are several plaintiffs or several defendants, several creditors or several heirs, as aforesaid, then the court shall designate which one of the respective parties shall be and constitute one appraiser and which one the other, unless the parties agree among themselves by whom they shall be represented, and in the event that any party shall neglect or refuse to qualify under the provisions of this act, then the property to be sold shall be sold without any appraisement whatever. C. P., Arts. 671 to 676. Act 33, 1870, p. 86, fixing fees of experts and appraisers in probate matters, not applicable to insolvencies. Mullen vs. Creditors, 39 An. 398. Constable must appraise and sell property seized by him, in same manner as Sheriff. McNeil vs. Kranier, 27 An. 680. Justice of the Peace cannot appoint appraiser for defendant. Gallagher vs. Abadie, 26 An. 343. APPRENTICES AND INDENTED PERSONS. 70. Must Serve Out Term.-Any person who may bind himself, or be bound as an apprentice or indented servant, in any art, mystery or occupation, or as a servant for the purpose of ordinary labor, shall be bound to serve the time expressed in his indenture, subject to the following provisions and exceptions (Act 44, 1855, 38): R. C. C., Arts. 165 to 170; Const., Art. 5. 71. Minors, How Bound.-If the party so bound be under the age of twenty-one years, he must be bound by and with the assent of his parent or tutor, or in case there be no such person in the parish where he resides, then by the Mayor of the city of New Orleans, if in the parish of Orleans, or by the parish judges of their respective parishes throughout the State. 72. When Term Expires in Absence of Contract. If the party bound be a female, the term of apprenticeship shall expire at the age of eighteen years; if a male, at the age of twenty-one years, unless an earlier period be stipulated. R. C. C., Art. 166, fixes age for males at 18, and females at 15. 73. Death or Removal of Master, Effect of. The death or removal of the master from the State before the term of an apprentice expires, shall dissolve the contract of apprenticeship. 74. Repeal of C. C., Arts. 158, 159, and Revival of Act 1806.The one hundred and fifty-eighth and one hundred and fifty-ninth articles of the Civil Code are repealed, and the act of the Legislature, |