(Senate Bill No. 22.) CHAPTER 96. AN ACT to amend and re-enact section five of chapter seventeen, of the Code of West Virginia. [Passed February 6, 1901. In effect 90 days from passage. Approved February 12, 1901.) Be it enacted by the Legislature of West Virginia: That section five, of chapter seventeen, of the code code of West Virginia, be amended and re-enacted so as to amended, read as follows: claims against the the auditor. when; what therein. when war sented. 5. Every person claiming to receive money from the Payments of treasury of the State, shall apply to the auditor for a warrant for same; and the auditor shall thereupon ex- state: duty of amine the claim, with the vouchers, certificates and evidence, if any, offered in support thereof; and for so to issue a much thereof as he may find to be justly due by the warrant. State, if payment thereof be authorized by law, and to state there be an appropriation not exhausted or expired out of which it is properly payable, he shall issue his warrant on the treasurer, specifying to whom and on what account the money mentioned therein is to be paid, and to what appropriation the same is to be charged. On the presentation of such warrant to the -duty of treasurer, he shall ascertain whether the same has treasurer been drawn in pursuance of an appropriation made by rant prelaw, and if he find it to be so, he shall in that case, but not otherwise, endorse his check upon said warrant, directed to some depository, which check shall be payable to the order of the person who is to receive the money therein specified. If said check should not be if check not presented for payment within three years, it shall then presented for be the duty of the treasurer to again charge it to the three years, depository on which it was drawn, and credit the State fund with the amount, and immediately notify the auditor to make corresponding entries on his books. And no state depository shall pay check unless it is when checks presented within three years after it was drawn, and not to be paid the treasurer is hereby authorized to cover into the ries; treasurer treasury by appropriate entries, all checks that have cover certain been out-standing for three years or over. All claims required by law to be allowed by any court, and pay--seal of able out of the State treasury, shall have the seal of court to be the court, allowing or authorizing the payment of the affixed to same, affixed by the clerk of such court to his certifi- fied. payment in what then. by deposito authorized to checks into treasury, claims certi -no tax or fee for seal. cate of its allowance; and no such claims shall be audited and paid by the auditor unless the seal of such court be thereto attached as aforesaid. No tax or fee shall be charged by the clerk for affixing his seal to the certificate referred to in this act. Fertilizers; sellers to attach state AN ACT concerning commercial fertilizers and repealing chapter seventy-two of the Acts of the Legislature of West Virginia of eighteen hundred and ninety- one. [Passed February 2, 1901. In effect 90 days from passage. Approved February 9, 1901.] Be it enacted by the Legislature of West Virginia: 1. Every person who shall sell, offer or expose for sale, or have in his possession with intent to sell in ment to pack- this State, any commercial fertilizer or manure, shall age: what such state ment to certify. affix conspicuously to every package thereof a plainly printed statement, clearly and truly certifying the number of net pounds of fertilizer in a package, the name, brand or trade mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture and stating the percentage of nitrogen or its equivalent in ammonia, of potash soluable in distilled water and of phosphoric acid in available form, soluable in distilled water and reverted, as well as the total phosphoric acid, and the materials from which said constituents are derived. -as to cheap In the case of those fertilizers which consist of other grades. Sworn statement to be filed; by cheaper materials said labels shall give a correct general statement of the composition and ingredients of the elements relied upon contained in the fertilizer which it accompanies. 2. Before any commercial fertilizer is sold, offered or exposed for sale, in this State, the manufacturer, whom, when importer or party who causes it to be sold, exposed or offered for sale, shall file with the director of the West Virginia Agricultural Experiment Station, under oath, the statement required to be affixed under section one and where. to agents. of this act: provided, that when the manufacturer of proviso as any brand of fertilizer or manure shall file said sworn statement no agent or dealer shall be required to file such statement. The making of any affidavit required what by this chapter falsely, shall be perjury. deemed perjury. fee, who to 3. The manufacturer, importer, agent or seller of Registration any brand of commercial fertilizer or material used pay. for manurial purposes, shall pay for each brand at the time he files a sworn statement required by section two of this act a registration fee of one dollar per annum. 4. The registration fee, required to be paid by section Such fee; to whom paid three of this act, shall be paid to the treasurer of the and how West Virginia University for the use of the Agricul- used, tural Experiment Station, and the party making such payment shall take from the said treasurer triplicate receipts for receipts therefor, one of which he shall retain, and the disposed of. others shall be deposited, one with the director of the Agricultural Experiment Station, and the other with the secretary of the board of regents, and by them filed and preserved in their respective offices. fee and how issued to when and by 5. Immediately after the filing of the receipts Certificate aforesaid, with the director of the Agricultural Ex- manufac periment Station, said director shall issue a certificate turer. etc.:, to the party making such payment stating the amount whom. of fees paid, and the name, brand or trade mark under what to which the fertilizer is sold; the name and address of specify. the manufacturer or importer, the place of manufacture, and that the applicant for said certificate is authorized to sell said fertilizer within the State of West -good for Virginia for the period of one year from the first day of January to the thirty-first day of December, inclusive. Said certificate may be issued at any time for and during the current year, and may be issued at what during the month of December for the year commenc- tificate may ing on the first day of January thereafter. how long. time such cer be issue... tor as to labels and 6. It shall be the duty of the director of the West Duty of direcVirginia Agricultural Experiment Station to print or printing and cause to be printed a label or tag, setting forth the furnishing sworn statement required in section two of this act. tags. The director shall furnish such labels or tags in quantities of one hundred or multiples thereof, to any per -pay for such tags, disposed of. son complying with the requirements of this act, and desiring to sell, offer or expose for sale any commercial fertilizer in this State, and shall receive pay thereetc., and how for at the rate of forty cents for such number of labels or tags as may be required to be affixed to one ton of fertilizer, and shall without delay, pay the same to the treasurer of the West Virginia University, for use of the Agricultural Experiment Station, and take duplicate receipts therefor, one of which he shall retain, and the other he shall deliver to the secretary of the board of regents, who shall file and preserve the same in his office. -receipts. Disbursement how. and 7. The board of regents of the West Virginia Uniof receipts, by versity shall expend the money received under the provisions of this act in meeting the legitimate expenses of the station; in making analyses of fertilizers; in experimental tests of same, and in such other experimental work and purchases as shall inure to the -included in benefit of the farmers of this State, and shall include in their annual report a statement of the receipts and disbursements thereof. report. Samples for analysis. tor as to. -rules and regulations. -who else may take samples, and for what; 8. It shall be the duty of the director of the said duty of direc- experiment station, in person or by deputy, to take samples for analysis from any lot or package of any fertilizer or manure, which may be in the possession of any dealer in the State, and he is hereby authorized 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; and any agriculturalist, purchaser of any fertilizer or manure in this State, may take a sample of the same under the rules and regulations of the director of the said experiment station and forward the same to him for analysis, and if the director has reason to believe that the manufacturer of, or dealer in, such fertilizer or manure has made any false or fraudulent representations in regard to said fertilizer, or manure, he shall cause the said sample to be analyzed free of charge, and certify the same to the person forwarding the sample. And -dealers and it shall be the duty of every agent or dealer in fertiagents to no-lizers or manures, within the meaning of this act, in this State when ordering consignments thereof, to promptly notify the director of the said experiment station of the amount ordered, and the place and ap -analysis free, when -what o certify tify director, of what. proximate time of delivery of said fertilizers and ma nure. lish by buile. 9. Said director shall also publish by bulletin, the Director, brand, name and location of the manufacturer and what to pubchemical analysis of every fertilizer or manure an- tin. alyzed or caused to be analyzed by him. Said last pub- last publicalication to be made, if practicable, before the time at which said fertilizer is to be applied to the soil. tion. what viola 10. Any manufacturer or vender of any fertilizer Penalty, for or manure who shall sell or offer or expose for sale tions. any fertilizer or manure without having previously complied with the provisions of this act, as hereinbefore set forth, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars. alty and for tions. 11. Any company, firm or corporation who shall Further penwilfully remove from, or deface or change any label, what violaor tag, or brand affixed to any package of fertilizer, under the provisions of this act, before such fertilizer has been used for manurial purposes, or who shall sell such fertilizer without such label or tag being affixed thereto at the time of the sale, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offence. 12. Any company, firm or person who shall remove same subject. from or cause to be removed from any package of commercial fertilizer or manure any statement, label or tag affixed thereto, under the provisions of this act, and affix or cause the same to be affixed to any other package of commercial fertilizer or manure, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offence. 13. Any company, firm or person, violating any of Same subject. the provisions of this act, or who fails to comply with any of the requirements of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall when no other penalty is prescribed, be fined not less than ten nor more than one hundred dollars for each offence. But this act shall not be construed to apply to any one who manufactures fertilizers for his own use and not for sale. |