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That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad or transportation company on whose line the loss, damage, or injury shall have been sutained, the amount of such loss, damage or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment or transcript thereof, and its costs incurred.

Approved March 23, 1916.

CHAPTER 61.

AN ACT to amend and re-enact Section forty-six hundred and ninety-two, Kentucky Statutes, edition nineteen hundred and fifteen, relating to State Depositories.

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

§ 1. That section forty-six hundred and ninety two, Kentucky Statutes, Edition nineteen hundred and fifteen, be and the same is thereby amended and re-enacted so as to read as follows: "The treasurer shall designate in writing to the Governor, to be entered on the executive journal, not less than three. solvent banks, each having a paid up capital and surplus of not less than fifty thousand dollars, as depositories; and all public money of the State now in, or hereafter received into, the Treasury shall be deposited in said depository in amount as convenience will permit; and if it shall at any time appear that the capital of of any depository has become impaired, the Treasurer shall have power to call the State's deposits to be withdrawn therefrom, and shall, in like manner, name another depository,

which, when so named, shall, with, its president and cashier, be subject to the provisions of this law. For services rendered by said depositories, there shall be no charges made of any character or description. The depositories selected shall each pay to the Commonwealth, in proportion to the deposits received interest at such rate per annum as may be agreed upon between the Treasurer and the depositories upon the average daily deposit on hand at the close of banking hours, the same to be paid to the Treasurer at the end of each six months commencing with the date of the deposit. "Provided, however, that in the event national banks having a combined capital and surplus in excess of fifty thousand dollars shall be assigned as State depositories the same shall not be subject to the examination herein provided for." § 2. All laws or parts of laws in conflict with this act are hereby repealed.

Approved March 23, 1916.

CHAPTER 62.

AN ACT to regulate the sale of agricultural and other seeds.

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

$ 1. For the purposes of this act agricultural seeds are defined as seeds of red clover, white clover, alsike clover, crimson clover, Japan clover, sweet clover, alfalfa, Canada field peas, cow peas, soy beans, vetches, Kentucky blue grass, Canada blue grass, meadow fescue (Festuca pratensis and Festuca elatior), sheep fescue, brome (awnless) grass, orchard grass, sweet vernal grass, meadow soft grass (Holcus lanatus), rye grasses, tall oat

grass, redtop, timothy, Bermuda grass, millet, field corn, wheat, rye, barley, oats, Kaffir corn, sorghum, sudan grass, broom corn, buckwheat, flax, hemp and rape, which are to be used for sowing or seeding

purposes.

§ 2. Every lot of agricultural seeds as defined in Section 1 of this act, which is offered or exposed for sale within this State in lots of one pound or more shall be accompanied by a plainly written or printed statement in the English language, stating:

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b. The name and address of the person or persons offering the seeds for sale.

c. The approximate percentage by weight of purity or freedom from foreign matter, or from other seeds.

d. The approximate percentage by weight of the different species of foreign seeds, when sold as mixtures and so labeled.

e. The approximate percentage of germination as shown by laboratory tests.

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§ 3. The seeds of quack grass (Agropyron repens), Canada thistle (Cnicus arvensis), clover and alfalfa dodder (Cuscuta epithymum), field dodder (Cuscuta arvensis), sour dock (Rumex acetosella), broom-rape (Orobanche ramosa), corn cockle (Agrostemma githago) and the bulbs of wild onion (Allium vineale), are hereby defined as noxious weed seeds and bulbs. No person shall sell, offer or expose for sale within this State for seeding purposes and agricultural seeds defined in Section 1 of this act containing a greater amount or proportion than one seed, or bulb, of any or all of these prohibited weeds to 2,000 seeds of the variety offered or exposed for sale.

$4. The percentage of purity required under Section 2 of this act shall be based upon a test or analysis conducted either by the Entomologist and Botanist of the Kentucky Agricultural Experiment Station, or his assistants, or by the vendor of the seeds, or his agents; Provided, that such tests or analyses made by the vendor, or his agents, shall conform to the regulations and methods of testing used by the Association of Official Seed Analysts, and shall be subject to retest by the Experiment Station.

§ 5. No person shall sell, expose, offer for sale, or have on his premises for sale, garden seeds or flower seeds in sealed packets unless each of same is plainly marked in 18 point black type, with the year in which the packet was filled, and with the approximate percentage of germination.

§ 6. Whoever buys, or sells, seeds for use in this State for seeding purposes may submit fair samples of such seeds to the Kentucky Agricultural Experiment Station for examination and test of purity and of viability, and the Entomologist and Botanist, or his assistants, shall make such examinations and tests for residents free of charge and report thereon promptly to the sender. In case of a non-resident of Kentucky, for the test of purity a fee of one dollar shall be paid in advance and for a test of viability a further fee of two dollars shall be paid in advance, to the Director of the Station. All moneys received from such fees shall be paid over to the treasurer of the Board of Control of said Station, to be used in defraying the expenses of seed analyses.

$7. Authorized officers of the Kentucky Experiment Station may take for analyses a sample from any lot of agricultural seeds offered or exposed for sale, not exceeding four ounces in weight; Provided, that said sample shall be drawn or taken in the pres

ence of the vendor or parties in interest, or his or their agents or representatives, and shall be taken from a parcel, lot or number of parcels, which shall not be less than ten per cent. of the whole lot inspected, and shall be thoroughly mixed. Said samples may be taken in the presence of two disinterested witnesses if the vendor or party in interest fails or refuses to be present when notified.

$8.

The provisions of this act shall not apply to: Any person selling agricultural seeds direct to seed merchants, or shipping to a general market to be cleaned, or graded before being offered or exposed for sale for seeding purposes.

b. Agricultural seeds marked "Not clean," which are held in storage for the purpose of being cleaned.

9. Whoever offers or exposes for sale within this State any seeds not complying with the provisions of this act, or whoever shall prevent authorized officers of the said Experiment Station from inspecting seeds and collecting samples as provided in this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five nor more than one hundred dollars; Provided, however, that no prosecution for the first offense shall be instituted until after a hearing before the director of the Experiment Station has been granted in the following manner: When the said director becomes cognizant of the violation of any of the provisions of this act he shall cause notice of such fact, together with a copy of the findings, to be given to the party or parties concerned, including those from whom the sample was obtained. The parties so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed. Notices shall specify the date, hour and place of hearing. The hearing shall be private, and the par

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