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Exclusive privilege not acquired.

and begin rendering the service in the manner set forth in the said terms and conditions.

§ 5. No exclusive privilege shall be acquired under this act, nor shall the sale of a franchise to one person or corporation prevent subsequent sale of a similar franchise to another person or corporation.

§ 6. This act shall apply only to cities of the first class.

Approved March 22, 1904.

Misdemeanor to sell or offer for sale adulterated, mixed or misbranded orchard griss,

etc.

CHAPTER 82.

AN ACT to prevent the adulteration, mixing and misbranding of orchard grass, seed and other seeds, and fixing a punishment therefor.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$ 1. That the selling, offering or exposing for sale, of any orchard grass, Kentucky bluegrass, red clover, mammoth clover or alfalfa seeds which are mixed, adulterated or misbranded, within the meaning of this act, is hereby prohibited, and any person who shall sell, offer or expose for sale any such seeds which are mixed, adulterated or misbranded and known by the persons offering, selling or exposing same for sale, to be so mixed adulterated and misbranded, and done with fraudulent intent within the meaning of this act, shall be guilty of a misdemeanor and for such offense shall be fined not less than twenty-five dollars, nor more than one hundred dollars for the first offense, and for each sub.equent offense not more than two hundred dollars, er be imprisoned six months, or both in the discretion of the court.

of Kentucky Experi

§ 2. That the Director of Kentucky Experimental Duty of director Station, shail make, or cause to be made, under rules and mental Station. regulations to be prescribed by him, examinations of specimens of the seeds of orchard grass, Kentucky bluegrass, red clover, mammoth clover or alfalfa offered for sale, which may be collected from time to time in various parts of the State. If it shall appear from any such examination that any of the provisions of this act have been violated the Director of Kentucky Experimental Station shall at once certify the facts to the proper Commonwealth's attorney, with a copy of the results of the analysis, duly authenticated by the analyist under oath.

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§ 3 That it shall be the duty of every Common Commonwealth's wealth's attorney, to whom the Director of Kentucky mence proceedings. Experimental Station shall report any violation of this act, to cause proceedings to be commenced and prosecuted without delay for the fines and penalties in such cases provided.

DEFINITIONS.

§ 4. Mixing and adulterating that for the purposes Definitions. this act seed shall be deemed to be mixed or adulterated:

1. When orchard grass (Dactylis Glomerata) seed contains five per cent, or more by weight of meadow fescue (Festuca elatior pratensis), English rye grass (Lolium perenne), or Italian rye grass (Lolium italicum) seed.

2. When Kentucky bluegrass seed (Poa pratensis), also known as bluegrass seed, contains five per cent, or more by weight of Canada bluegrass (Poa Compressa) seed.

3. When red clover (Trifolium pratense), also known as clover, common red clover, June clover, small

red clover, and medium red clover, mammoth red clover (Trifolium pratense var.), also known as sapling clover and peavine clover, or alfalfa (Medicago Sativa) seed contains five per cent, or more by weight of yellow trefoil (Medicago lupulina), or sweet clover (Melilotus alba or melilotus officinalis) seed.

The provisions of this act shall not apply, however, to mixed seeds when the packages are plainly marked with the correct per centage of weight and the name of the kinds of seeds composing the mixture. Nor to the growers' of seeds who, in good faith, have offered seeds for sale grown by them and which may be found to contain foreign seed.

MISBRANDING.

That seed shall be deemed to be misbranded.

1. When meadow fescue, English rye grass or Italian rye grass seed is labelled or sold under the name of orchard grass seed.

2. When Canada bluegrass seed, red top seed or any other seed not bluegrass seed is labeled or sold under the name of Kentucky bluegrass or bluegrass seed.

3. When vellow trefoil or sweet clover seed is labelled or sold under the name of clover, red clover, common red clover, June clover, small red clover, medium red clover, mammoth red clover, sapling clover, peavine clover or alfaifa seed.

§ 5. That any person who sells, offers or exposes for sale, any Kentucky bluegrass, red clover, mammoth clover or alfalfa seeds which are mixed, adulterated or misbranded, within the meaning of this act, shall forfeit the same, and they shall be seized by the sheriff or constables of any county in which such seizure was made.

§ 6. That this act shall take effect and be in force from and after its passage.

Approved Mar 22, 1904.

CHAPTER 83.

AN ACT to amend section 1 of an act, entitled "An act for the benefit of the counties of this Commonwealth, empowering them or any of them to issue new bonds and levy and collect taxes to pay the same for the purpose of refunding the old bonds of the counties respectively," approved August 16, 1892, and being section 1852 of the Kentucky Statutes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That section one of an act, entitled "An act for the benefit of the counties of this Commonwealth, empowering them, or any of them, to issue new bonds and levy and collect taxes to pay the same, for the purpose of refundng the old bonds of the counties respectively, approved August 16, 1892, and being section 1852 of the Kentucky Statutes, be amended by striking out the words "prior to the twenty-eighth day of September, one thousand eight hundred and ninety one," so that said section, as amended will read as follows:

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Fiscal court to debe issued, except

$ 1. That any of the counties of this Common- Counties given wealth, through, and by the fiscal courts of the respec- new for old bonds. tive counties are authorized and empowered to call in termine when any of their outstanding bonds matured or subject to call legally issued, for railroad purposes or otherwise, and issue and substitute therefor new bonds of such county, not exceeding the amount of such old bonds and interest then outstanding; the new bonds to be of such denominations as the respective fiscal courts may

deem best, and payable at such time, not exceeding forty years, as the fiscal courts may think proper, and bearing any rate of interest not exceeding six per cent. per annum, payable semi-annually with interest coupons attached, the bonds and coupons to be payable to bearer, and to be be serially numbered, the bonds to be signed by the county judge and county court clerk, with the seal of the county attached, and the coupons to be signed by the county clerk alone (or his signature may be lithographed); said bonds and coupons at maturity to be payable at such place or places, specified in the bonds, as the fiscal courts of the respective counties may determine; and the fiscal court is hereby authorized and empowered to sell such new bonds at not less than par, and apply the proceeds thereof in paynient of the old honds on outstanding indebtedness of such county, or the new bonds may be exchanged at not less than their par value for such old bonds, but the said new bonds or the proceeds of the sale thereof shall only be used for the purposes of liquidating the old outstanding bonds and interest thereon then owing by such county, and the cost and expensé of such liquidation; and the county court clerk shall keep a record in his office of all bonds issued under this act, showing the date, numbers and amount of such bonds, where payable; the amount and the number of coupons attached to each bond, also the numbers, date and amount of the bonds exchanged for other bonds of the county; and in the event any bonds are sold and the proceeds applied in liquidation of the old bonds of the county, the record shall show the date, numbers and amount of bonds sold, and to whom, and the bonds and taken up and cancelled by exchange or payment, which record shall be open at all times to the inspection of the tax-payers of the county. But before the fiscal court of any county shall

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