$20 per year. Misdemeanor. antee. which analysis shall show the per cent. of valuable ingredients or elements composing the same. § 2. The Commissioner of Agriculture shall charge each applicant for license the sum of twenty dollars per year license fee upon each brand of fertilizers or chemicals manufactured or sold by him; and upon receipt of the above sum for each separate brand of fertilizers or chemicals, and a copy of the analysis of the same signed by the State chemist, he shall issue a license to such applicant to manufacture or sell the same for the period of one year. $3. Any manufacturer or dealer who shall manufacture or offer for sale within this State any fertilizer, or chemicals for manufacturing the same, without license as aforesaid, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than two hundred not more than five hundred dollars; and any manufacturer or dealer offering for sale any fertilizer, or chemicals for manufacturing the same, without the manufacturer's or dealer's name, the name of the brand of fertilizer or chemicals so offered for sale, together with a printed copy of the analysis of such brand attached to each bag, barrel, or package, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than two hundred dollars, and shall forfeit to the State each bag, barrel, or package so unmarked; and any manufacturer or dealer who shall sell, or offer for sale, any bag, barrel, or package of any brand of fertilizers or chemicals, the contents of which shall vary three per cent. from the analysis attached thereto, or who shall attach an analysis to any brand of fertilizers or chemicals that contains essentially different ingredients from that indicated by the analysis, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than five hundred dollars: Provided, That nothing in this section shall prevent a recovery of damages from any manufacturer or dealer aforesaid by any person aggrieved by reason of a sale to him of any defective, worthless, or fraudulent fertilizer or chemical. 4. The analysis so placed upon, or attached to, any ferAnalysis a guar-tilizers or chemical shall be a guarantee by the manufacturer or dealer offering the same for sale that it contains substantially the same ingredients indicated thereby in the percentages named therein, and said guarantee shall be binding on said manufacturer or dealer, and may be pleaded in any action or suit at law, to show total or partial failure of consideration in the contract for the sale of the same. It shall be the duty of the Commissioner of Agriculture to forbid the sale of any acid phosphate, or dissolved bone, which is shown by official analysis to contain less than ten per centum of available phosphoric acid; and also to forbid the sale of any ammoniated superphosphate, which is shown by official analysis to contain less than eight per centum of ammonia. A copy of the official analysis of any fertilizer or chemical under the signature of the commissioner shall be admissible as ev. idence in the trial of any issue involving the merits of said fertilizers or chemicals. chemist. § 5. It shall be the duty of the State chemist to proceed, Duty of State without delay, to make an analysis of any and all fertilizers or chemicals submitted to him for that purpose; to keep a record of the names of manufacturers or dealers ordering such analysis to be made; the of each particular brand of fertilizer or chemical so analyzed, together with the analysis. of the same, which record shall be open to inspection at any time. As soon as an analysis has been made of the different brands of any manufacturer or dealer, he shall forward to the Commissioner the name of said manufacturer or dealer, the name and number of the brands so analyzed, and a copy of each analysis; also, a copy of the same to the manufacturer or dealer, and for such services he shall not be allowed to charge more than a reasonable compensation therefor. keep a record, &c. § 6. It shall be the duty of the Commissioner of Agricul- Commissioner to ture to keep a record of the names of all persons licensed by him to manufacture or sell fertilizers, or chemicals for manufacturing the same; the name and number of the brands to be manufactured or sold by each, and an analysis of the same; the amount paid by each manufacturer or dealer, together with the date of the license so issued, and he shall annually pay into the Treasury any unexpended balance of moneys so received; and he is hereby authorized and required 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. warded, &c. § 7. Any purchaser of any fertilizer or chemical in this Sample to be forState may take a sample of the same, under the rules and regulations prescribed by the Commissioner of Agriculture, investigate all complaints. and forward the same to the Commissioner to be analyzed by, the State chemist, which analysis shall be paid for by the Commissioner out of the license fees received, by him: Provided, however, That the cost of all such analyses shall not ex ceed the amount of fees received by him; and in any suit at law, instituted on behalf of the purchaser of any fertilizer or chemicals, where fraud is claimed and proven, judgment, shall be rendered in favor of the plaintiff for the full value: of the loss sustained by him, together with the amount paidby him for any such fertilizers or chemicals. 8. It shall be the duty of the Commissioner of Agricul Commissioner to ture to investigate all complaints made to him against any manufacturer or dealer in fertilizers or chemicals, and if he is satisfied that fraud has been perpetrated, he, shall institute suit in the Franklin circuit court on behalf of the complain, ant, if he has been injured thereby, or on behalf of the Com, monwealth, which suit shall be prosecuted by the Attorney, General, who shall receive therefor a reasonable fee, to be, taxed as cost against the defendant, if judgment is rendered, in behalf of the plaintiff. 9. The terms "fertilizer" and chemicals," as used in Fertilizer defined this act, shall be taken to mean any and every substance imported, manufactured, prepared, or disposed of for fertilizing or manuring purposes: Provided, however, That the provisions. of this act shall not apply to marl, or to fertilizers disposed of at one half cent or less per pound. pealed. § 10. This act shall be in force from and after the first day Act of 1880 re- of June, 1882, and an act, entitled "An act to prevent fraud in the manufacture or sale of commercial fertilizers in this Commonwealth," approved April 22d, 1880, and all acts in conflict with this act, shall then be repealed. 1 Act of April 15, 1882, amending AN ACT to amend an act, entitled "An act to amend chapter 14, title 10, § 1. That the above entitled "act be amended by striking chapter 14. title out the second section thereof. 10, of Code, amended. § 2. This act to be in force from and after its approval. CHAPTER 1406. AN ACT to repeal chapter 5 of the Session Acts of 1881. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That chapter 5 of the Session Acts of 1881 be, and the Chapter 5 same is hereby, repealed. of Acts of 1881, repealed. § 2. This act shall take effect from its passage. Approved April 24, 1882. CHAPTER 1413. AN ACT to amend an act, entitled "An act to regulate the jurisdiction of quarterly courts and courts of justices of the peace," approved March 17, 1878. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1878, amended. § 1. That an act, entitled "An act to regulate the jurisdic- Act of March 17, tion of quarterly courts and courts of justices of the peace," approved March 16, 1878, be amended so as to apply to Edmonson county. § 2. This act to take effect from and after its passage. Approved April 24, 1882. CHAPTER 1421. AN ACT in relation to the common schools of this Commonwealth, providing for the levy of an additional tax, and a submission of same to the people. WHEREAS, By existing law there is a difference in the Preamble. per capita to which the white and colored pupil children of this Commonwealth are entitled; and whereas, no such difference in the per capita due such white and colored pupil children should exist; and whereas, the tax of twenty cents on the $100 now levied in support of common schools was levied only after the ratification and approval of the white voters of the Commonwealth, and was only intended for the benefit of white children; and whereas, an additional tax of two cents on the $100 levied on all the property in the Commonwealth subject to taxation for revenue purposes will PUB. L.-9 levied for school purposes. make the per capita of the white pupil child and the colored pupil child the same; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a tax of two cents on each $100 of property in Two-cent tax this Commonwealth, subject to taxation for State revenue purposes be, and the same is, hereby levied and imposed. Said tax, when collected, shall be placed to the credit of the common school fund of the State, which entire fund shall hereafter be united and become one fund, to which the white and colored pupil children of this State shall be entitled in the same proportion. The school ages of colored children shall be from six to twenty years, and the capitation tax imposed upon colored people for common school purposes is hereby repealed. § 2. But nothing in this act shall be construed in any wise, Mixed schools or to any extent, or for any purpose, to authorize any white not authorized. Inoperative until ratified. Vote how listed and certified. child to attend any common school for colored children, or any colored child to attend any school for white children; but white and colored schools shall be forever kept and maintain, and separately. §3. This act shall not take effect until ratified and approved by a majority of the legally qualified voters of the State voting on the question; and to ascertain the sense of the qualified voters, it shall be the duty of the sheriff and other officers conducting the next annual election to be held on first Monday in August, 1882, to open a poll in the various precincts in their respective counties, and take the sense of the qualified voters of the Commonwealth upon the propriety and expediency of imposing an additional tax of three cents on each $100 worth of property in the State subject to taxation, for the purpose of increasing the common school fund of Kentucky, and of equalizing the white and colored per capita. § 4. That it shall be the duty of the sheriff and other returning officers to make out a correct list of the vote required to be taken under this act, and it shall be the duty of county judge and county clerks of the several counties to compare and certify said lists of their respective counties; and said county clerk shall cause the same to be delivered to the Secretary of State within sixty days after the day of said election; and, upon failure of any one of them to do so, be |