this Chapter, to recover all damages, immediate or consequential, which he or they may have sustained by reason of such violation, before any Court of competent jurisdiction, whether such person shall have been convicted under this chapter or not. SEC. 7. That Chapter 31, of Title 8, of the Revised Codes of Idaho, be amended by adding the following section, towit: Sections 1493a, 1493b, 1493c, 1493d, 1493e, 1493f, 1493g, 1493h, 1493i, 1493j, 1493k. Section 1493a. On or about the first day of May, the State Hay and Grain Commission shall meet and establish necessary rules and regulations for handling hay, grain and other farm products for the ensuing year. Section 1493b. Every warehouseman shall, on or before the fifteenth day of July in each year, render to such commission, on blanks prepared by it, an itemized and verified report of all business transacted by him during the year beginning July first of the preceding year and ending June 30 of the current year. Such report shall state the owner's name, name and kind of commodity, gross and net pounds, per cent of dock, cause of dockage, and the number of sacks or bales of all hay, grain, flour, wool or other products in his warehouse at the beginning of the year, the owner's name, commodity and kind, number of sacks or bales, gross and net weight, per cent of dock, and cause of dockage of all hay, grain, flour, wool, or other products shipped or delivered from such warehouse, and the owner's name, commodity and kind, number of sacks or bales, gross and net weight, per cent of dock, and cause of dockage of all hay, grain, flour, wool or other product remaining in the warehouse at the end of the year, and such report shall particularly specify and account for any overage or shortage in any kind of hay, grain, flour, wool or other products occurring during the year. The Commission may also require special reports from each warehouseman at such times as the Commission may deem expedient, and the Commission may cause every such warehouse and the business thereof and the mode of conducting the same to be inspected by one or more of its members or by its authorized agent whenever deemed proper, and the property, books, records, accounts, papers and proceedings of every warehouseman shall at all times during business hours, be subject to such inspection. Section 1493c. The Commission shall make such rules as may be necessary in regard to the receipt and delivery of grain, the issuance, cancellation, division and consolidation of warehouse receipts, and such other matters relative to the management of the business of local warehouses as it may deem proper, and may prescribe a uniform system of books, records, accounts and reports to be made to the Commission. Section 1493d. All weigh masters, agents or superintendents of any company, firm or corporation, operating any warehouse, commission house, forwarding house, mill, wharf, or other place where hay, grain, wool, flour or other products are stored, shall be licensed annually by the Commission. Application for such license shall be made before transacting warehouse business. Every license shall expire on the year following date of issue. The fee for such license shall be One Dollar ($1.00) for each weighmaster, agent or superintendent authorized to weigh any hay, grain, flour, wool, or other farm products, or to issue warehouse receipts. Any such license may be revoked by the Commission upon notice and hearing. Section 1493e. The State Hay and Grain Inspector, with the approval of the Commission, shall appoint such number of deputies as may be necessary, fixing salaries thereof, and may establish headquarters and properly equip same with proper facilities for recording all transactions, and testing, grading, and classifying all hay, grain, wool, flour, or other farm products. Sec. 1493f. The fees for inspection and grading hay, grain, or other products shall be fixed by the Commission and shall be a lien upon the grain. If the grain is in transit, such fees shall be paid by the carrier and treated as advanced charges, and if received for storage, by the warehouseman, and added to the storage charges. All moneys so collected and all fines and penalties for violation of any of the provisions of this Chapter shall be paid into the State Treasury and known as the "State Hay and Grain Commission Fund," and paid out only on order of the Commission and Auditor's warrants. All interest recovered from deposits of said moneys shall be credited on the first of each month to such fund, and notice of the amount of such interest shall be sent to the Chief Hay and Grain Inspector. Section 1493g. Upon written complaint filed with the Commission charging an Inspector of Hay, Grain or Scales with official misconduct, inefficiency, incompetency, or neglect of duty, the Commission shall investigate such charge, and if any of such charges be sustained, shall remove such officer. Section 1493h. All scales used in public warehouses, depot scales, street scales, or scales used in stock yards, for the weighing of grain, hay, wool, coal, livestock, or other farm commodities, shall be under the control of the State Hay and Grain Commission, and subject to the inspection and correction at least once a year by the State Hay and Grain Inspector or his deputies, and shall be exempt from the jurisdiction of the Sealer of Weights and Measures. They shall be inspected at the request of any person interested in any hay, grain, wool, coal, livestock, or other commodities, weighed or to be weighed thereon. If found incorrect, the cost of inspection shall be paid by the owner thereof, otherwise by the person requesting inspection. No scales found incorrect shall be used until re-examined and found correct. Section 14931. The Inspector shall, at least once a year, examine, test and require to be correct all scales used in weighing hay, grain, wool, coal, livestock or other commodities, at any public warehouse, depot, stockyards, or other public place in the State, and after such scale is tested and found to be correct and in good condition, to issue to the owner or manager of such warehouse, depot agent, manager or owner of any such public scale, a certificate authorizing the use of such scales for the weighing of hay, grain, wool, coal, livestock, or other commodities for the ensuing year, unless sooner revoked by the Inspector. If such scales are found to be inaccurate or unfit for use, the Inspector shall notify the party using them, and the party thus notified shall, at his own expense, thoroughly repair the same before attempting to use them, and until thus repaired to the satisfaction of the Inspector, the certificate of such party shall be suspended or revoked in the discretion of the Inspector, and the party receiving such certificate shall pay to the Inspector the sum of One Dollar ($1.00) for each wagon scale and Fifty Cents (50c) for each platform scale so inspected as herein enumerated. Section 1493j. Any person, agent or corporation who shall obstruct any Inspector in the performance of his official duties by preventing his proper access to the scales used in the weighing of grain, hay, wool, coal, livestock, or other commodities, or the inspection of hay, grain, flour, wool, or other commodities stored in special piles, or otherwise, or the examination of receipt and shipping books, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum of not more than Fifty Dollars ($50) and costs of prosecution. Any agent of any company or corporation, manager, foreman, or person in the employ of the warehouse under inspection shall, if deemed necessary by the Chief Inspector or any of his deputies, re-weigh, in the presence of the Inspector, any load or pile of grain, hay, wool, coal, or draft or drafts of livestock, or other commodities. Section 1493k. Any Inspector, Deputy Inspector, or Scale Inspector who shall knowingly or carelessly inspect any grain or scales, or weigh, grade or classify any grain improperly, or give any false certificate of inspection or weight, or accept money or other consideration, directly or indirectly, for neglect or improper performance of duty, or neglect any duty prescribed by this Chapter or the rules and regulations established by the Commission; or any person who shall improperly influence or attempt to influence any such officer in the performance of his official duties, snall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed One Hundred Dollars ($100) and costs of prosecution. SEC. 8. There is hereby appropriated out of the moneys in the State Treasury, not otherwise appropriated, the sum of Seven Thousand Five Hundred Dollars ($7500), annually, or so much thereof as may be necessary to carry into effect and force the several provisions of this Act. Such sums of money so appropriated shall be set aside, and constitute and be known as the State Hay and Grain Commission Fund. SEC. 9. It is hereby made the duty of the prosecuting attorneys of the various counties of this State, upon proper information being laid before them, to prosecute any person, firm, company or corporation charged with the violation of any of the provisions of this Act. SEC. 10. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed; Provided: That nothing contained in this Act shall be construed to repeal by implication or otherwise any of the penal provisions of Title 8, of Chapter 31, of the Revised Codes of Idaho, to which reference is hereby made as amending, and all provisions herein are expressly made applicable to the provisions of Title 8, of Chapter 31, of said Idaho Codes. SEC. 11. Whereas an emergency exists this Act shall be in full force and effect from and after its passage and approval. Approved March 7, 1911. CHAPTER 50 FOR THE RELIEF OF B. A. DIESEL; APPROPRIATING EIGHT HUNDRED TEN DOLLARS AND FIVE CENTS ($810.05) THEREFOR; AND DECLARING AN EMERGENCY. Whereas, on the nineteenth day of October, 1908, the State of Idaho, by sale certificate No. 3066, sold to B. A. Diesel, at the appraised price of Eighty Dollars ($80) per acre, the following described State school land, situate in Ada County, State of Idaho, to-wit: Lot 1 of Section 15 in Township 4, north of Range 1, west of the Boise Meridian, containing twenty-five and fifty-four hundredths (25.54) acres; and, Whereas, Said lands were appraised at Eighty Dollars ($80) per acre and sold to B. A. Diesel at the appraised value thereof, under the belief that the entire area of said lot was good agricultural land and was bid in by said B. A. Diesel under said belief and at said price, and Whereas, There were only ten and twenty-nine hundredths (10.29) acres of agricultural land in said lot and the balance thereof was river bed, and sand and gravel, and was entirely unfit and worthless for agricultural purposes, and, Whereas, The State Board of Land Commissioners of the State of Idaho and said B. A. Diesel reached an agreement concerning said lands whereby said B. A. Diesel returned to the State of Idaho the sale certificate No. 3066, by which he purchased said lands, to be cancelled, and said Board agreed to recommend to the Legislature that it return to him the amount of money paid upon said certificate of sale for the purchase of said lands. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. There is hereby appropriated for the relief of B. A. Diesel of Boise, Idaho, out of the general funds of the State Treasury, not otherwise appropriated, the sum of Eight Hundred Ten Dollars and Five Cents ($810.05). SEC. 2. Whereas, an emergency exists therefor, this Act shall take effect and be in force from and after its passage and approval. Approved March 7, 1911. CHAPTER 51 PROHIBITING STATE OFFICERS, EMPLOYEES OR APPOINTEES HAVING ANYTHING TO DO, DIRECTLY OR INDIRECTLY, WITH THE SALE OR DISPOSITION OF CAREY ACT OR OTHER PUBLIC LANDS OF THIS STATE, ENTERING OR FILING UPON ANY CAREY ACT LANDS OF THIS STATE; PROHIBITING THE ISSUANCE TO SUCH PER |