Distribution of Circulars by Board. 116. [Sec. 4.] [Sec. 4.] It shall be the duty of the Board of Agriculture and Immigration or its Commissioner, at the opening of each season to issue and distribute circulars setting forth the brands of fertilizers sold in this State, their analysis as claimed by their manufacturers or dealers, and their relative and, if known, their commercial value. Tags. 117. [Sec. 5.] It shall be the duty of the Commissioner to cause to be prepared tags of suitable material, with proper fastenings for attaching the same to packages of fertilizers, and to have printed thereon the word "Guaranteed," with the year or season in which they are to be used, and a fac simile of the signature of the said Commissioner. The said tags shall be furnished by said Commissioner to any dealer or solicitor or manufacturer of commercial fertilizers who shall have complied with the foregoing provisions of this act upon the payment by said dealer, manufacturer or solicitor to the said Commissioner, of twentyfive cents for a sufficient number of tags to tag a ton of such commercial fertilizer, as evidence of payment of the inspection fee provided for in section two. Penalty for Failure to Tag. 118. [Sec. 6.] It shall be the duty of every person, before selling any commercial fertilizers in this State or for use in this State, to attach or cause to be attached to each bag, barrel or package thereof, one of the tags hereinbefore described, designating the quality of the fertilizer in the bag, barrel or package to which it is attached as evidence of the payment of the inspection fee imposed by Section 2. Any person who shall sell any package of commercial fertilizer which has not been tagged as herein provided, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of two hundred and fifty dollars ($250) for each lot of fertilizers so sold; and the said person shall be besides liable to a penalty of five dollars ($5) for each omission to tag each package, each omission to constitute a separate offense, which penalty may be sued for either by the Commissioner or 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, to enjoin any person, firm or corporation, resident or non-resident, from manufacturing or selling or soliciting orders for the sale of fertilizers in this State or selling fertilizers for use in this State without complying with all the provisions 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 counterfeited, or who shall use them a second time after the said tags have been once attached 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 shall 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. Injunction issued under this section cannot be dissolved on bond, State vs. Crozier, 50 A. 245. Analysis of Fertilizer To Be on Package. 119. [Sec. 7.] All fertilizers or chemicals manufactured for use as fertilizers, offered for sale or distribution in this State, shall have printed upon or attached to a bag, barrel or package, in such manner as the Commissioner may prescribe, the true analysis of such fertilizer or chemical as claimed by the manufacturer, showing the per cent. of valuable ingredients such fertilizers or chemicals contain, as set forth in section second of this act. And for each and every omission so to print upon or attach to each bag, barrel or package, the offender shall be liable to a fine of one dollar ($1.00) for each package so sold, recoverable by civil suit by the Commissioner or any person in a court of competent jurisdiction, said fines and penalties when recovered to go to the uses hereinafter specified in this act. Privilege on Fertilizer Sold in Contravention of Act. 120. [Sec. 8.] The Commissioner shall have a privilege on any commercial fertilizers sold in this State or sold for use in this State in violation and contravention of the provisions of this act, and may proceed by writ of provisional seizure against the fertilizers so sold in the hands of whomsoever they may be, and wheresoever he may find them regardless of the domicile of the owner thereof, to recover the fines and penalties due for the illegal sale thereof, by presenting a petition to a competent judge or magistrate, within whose jurisdiction said fertilizers are found, stating on oath at the foot of the petition the amount and nature of the demand, the fertilizer on which the privilege exists and praying that the fertilizer be seized to satisfy the claim and pay the costs of suit, and thereafter the proceedings in said suit or suits shall be conducted in the manner provided for in Articles two hundred and ninety-two (292), two hundred and ninety-three (293), two hundred and ninety-four (294) and two hundred and ninety-five (295) of the Code of Practice, all of which are hereby made applicable to the proceedings herein provided for, provided that if there be judgment in favor of plaintiff in such suits, with privilege on the fertilizers, and the same be ordered to be sold to satisfy such judgment, the Commissioner shall, prior to said sale, draw proper samples from said fertilizers, and cause the same to be analyzed by the official chemist, and shall affix to the packages thereof the guarantee tags as required by this act, so that the purchaser at the sheriff's or constable's sale may purchase the said fertilizers under a full guarantee, as provided for in this act. Samples for Commissioner. 121. [Sec. 9.] The Commissioner 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, and shall have them analyzed by the official chemist, and shall publish the analysis for the information and protection of the public. The discretion vested in the Commissioner by this section cannot be controlled by the Courts, Fertilizer Co. vs. Board, 127 La. 48. Samples for Buyer. 122. [Sec. 10.] 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, in the presence of the purchaser or his agent, a fair and correct sample in such a manner as the Commissioner shall prescribe, and submit the same for inspection as hereinafter provided. Price of Fraudulent Fertilizer Cannot Be Collected. 123. [Sec. 11.] No fraudulent fertilizer shall be sold for use in this State. The price of fraudulent fertilizers shall not be collected by any process of law. No person buying fraudulent fertilizers in this State or sold for use in this State shall be bound in any manner to pay the price or cost thereof. All 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 fer tilizers, 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. Commissioner Shall Prescribe Regulations. 124. [Sec. 12.] 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. Apportionment of Funds. 125. [Sec. 13.] 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. MILL PRODUCTS AND CEREALS. Board of Agriculture and Immigration to Enforce Act. 126. [Sec. 1, Act 157, 1906, p. 270.] The State Board of Agriculture and Immigration shall be charged with the duties of enforcing this Act for the regulation of the sale of certain mill products and cereals not otherwise provided for, to prevent fraud therein. Privilege on Mill Products and Cereals Sold in Contravention of Act. 127. [Sec. 6.] The Commissioner shall have a privilege on any mill products and cereals sold in this State, in violation and contravention of the provisions of this Act, and may proceed by writ of provisional seizure against the mill products and cereals so sold in the hands of whomsoever they may be, and wheresoever he may find them, regardless of the domicile of the owner thereof, by presenting a petition to a competent judge or magistrate, within whose jurisdiction said mill products and cereals are found, stating on oath at the foot of the petition the amount and nature of the demand, the mill products or cereals on which the privilege exists, and praying that the mill products or cereals be seized to satisfy the claim and pay the costs of suits. Fines Go to Enforcement of Act. 128. [Sec. 7.] All fines collected under this Act (of which the Commissioner shall keep a correct and detailed account) shall be used by him to defray the expenses of the inspection of said goods, and the enforcement of the Act. RECEIVER OF FERTILIZER, FEEDSTUFFS AND Operating Expenses. 129. [Sec. 1, Act 201, 1906, p. 356.] The Commissioner of Agriculture and Immigration is hereby authorized and given authority to use part of the monies accruing from the sale of fertilizer, feedstuffs, and Paris green tags; not to exceed |