the performance of his duty in connection with this act, shall be guilty of a violation of the act. SEC. 9. That any person who shall violate any of the provisions Violation of act misdemeanor. of this act shall be guilty of a misdemeanor, and for such offense, upon conviction thereof, shall be fined not exceeding one hun- Punishment. dred dollars for the first offense and for each subsequent offense in the discretion of the court; and the oil offered for sale in Seizure, condemnation and violation of this act shall be subject to seizure, condemnation, sale of oil. and sale by the Commissioner of Agriculture, as is provided for the seizure, condemnation, and sale of commercial fertilizer; and Proceeds to use of department. the proceeds thereof, if sold, less the legal cost and charges, shall be paid into the treasury for the use of the Department of Agriculture in executing the provisions of this act. SEC. 10. That if it shall appear from the inspection or other Certificate to solicitor. examination of oils that any of the provisions of this act have been violated, besides the action above provided for, the Commissioner of Agriculture shall certify the facts to the solicitor in the district in which the violation was committed, and furnish the officer with the facts in the case, duly authenticated by the expert, under oath, who made the examination, and it shall be the duty Solicitor to prosecute. of the solicitor to prosecute such cases for fines and penalties provided for in this act in courts of competent jurisdiction. SEC. 11. That for the purpose of defraying expenses incurred Tax. in the enforcement of the provisions of this act there shall be paid to the Commissioner of Agriculture an inspection tax of one-half cent per gallon for any and all linseed oil or compound linseed oil or any substance used or intended to be used as a substitute for linseed oil, which payment shall be made before the delivery of such oil to any agent, retail dealer, or consumer in this State. Each can, barrel, tank, or other container of oils Containers to have tag attached. named in this act shall have attached thereto an inspection tag or stamp stating that the inspection charges specified in this act have been paid; and the Commissioner of Agriculture, with the Form of tags. advice and consent of the board, is hereby authorized to prescribe a form for such tags or stamps: Provided, that they shall Proviso: require ments of trade. be such as to meet the requirements of the trade of linseed oil. SEC. 12. That the refilling of a container bearing an inspection Refilling contag or stamp on which the inspection tax has not been paid or the use of an inspection tag or stamp a second time shall constitute a violation of this act. tainer. lations. SEC. 13. That the Board of Agriculture is hereby authorized Rules and reguto adopt such rules and regulations in regard to handling linseed oil, refilling containers and use of inspection tags or stamps a second time, as will insure the enforcement of the provisions of this act, and a violation of the said rules or regulations shall constitute a violation of this act. Guaranty in bar of prosecution. Specifications as to guaranty. Proviso: limitation of protection. Repealing clause. When act effective. SEC. 14. That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the manufacturer, jobber, wholesaler, or other party from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such cases said party or parties, if in this State, shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course to the dealer under the provisions of this act: Provided, that the above guaranty shall not afford protection to any dealer after the first offense in connection with a product from a particular manufacturer, jobber, or wholesaler, or for the sale of oil which is not properly labeled, branded, stamped, or tagged, or on which the inspection tax has not been paid. SEC. 15. That all laws and clauses of laws in conflict with this act are hereby repealed. SEC. 16. That this act shall be in force from and after July first, one thousand nine hundred and seventeen. Ratified this the 6th day of March, A. D. 1917. Proviso: limit of cost. CHAPTER 173 AN ACT TO CORRECT AN ERROR IN ENROLLING HOUSE BILL 733, SENATE BILL 932, SESSION OF 1917, ENTITLED "AN ACT TO AMEND CHAPTER 65 OF THE REVISAL OF 1905, RELATING TO ROADS, BRIDGES, AND FERRIES, BEING SECTION 2696 OF THE REVISAL." The General Assembly of North Carolina do enact: SECTION 1. That House bill seven hundred and thirty-three, Senate bill nine hundred and thirty-two, ratified March first, nineteen hundred and seventeen, be and the same is hereby amended by adding at the end of subsection (b) of section two thousand six hundred and ninety-six the following: "Provided, that the total cost to any county for any one bridge shall not exceed forty thousand dollars." SEC. 2. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. CHAPTER 174 AN ACT TO AMEND HOUSE BILL 700, SENATE BILL 367, The General Assembly of North Carolina do enact: SECTION 1. That the words "board of aldermen or other govern- Sale of munici pal bonds. ing body of any city or town," in lines two and three of section one of House bill number seven hundred, Senate bill number three hundred and sixty-seven, be stricken out. SEC. 2. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. CHAPTER 175 AN ACT TO REPEAL CHAPTER 126 OF PUBLIC LAWS OF The General Assembly of North Carolina do enact: SECTION 1. That chapter one hundred and twenty-six of the Law repealed. Public Laws of North Carolina, session one thousand nine hundred and fifteen, being an act to provide for an additional term of court for the county of Hoke, be and the same is hereby repealed. SEC. 2. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, 1917. CHAPTER 176 AN ACT TO AMEND SECTIONS 4359 AND 4374 OF THE The General Assembly of North Carolina do enact: SECTION 1. That section four thousand three hundred and fifty- Power to compel nine of the Revisal of one thousand nine hundred and five be returns. and the same is hereby amended by adding after the words "Secretary of State," in lines two and three, and after the same words in line four, the words "or Board of State Canvassers." boards. SEC. 2. That section four thousand three hundred and seventy- Delivery to state four of the Revisal of one thousand nine hundred and five be and the same is hereby amended by striking out from lines two, Adjournment. three, and four the words "within three days after the expiration of the time herein before provided for the delivery to him of said certificates and returns, shall deliver the same to the State Board of Canvassers," and inserting in lieu thereof the following: "shall upon the meeting of the Board of State Canvassers at their meeting as provided in section four thousand three hundred and fifty-eight, deliver said certificates to the said Board of State Canvassers"; and the said section four thousaid three hundred and seventy-four be and the same is further amended by striking out the word "ten" in line sixteen, and inserting in lieu thereof the word "twenty." SEC. 3. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. Declaration of state road. Destruction. Reconstruction. State's prison to furnish convicts. Time of detail. Expense of convicts. CHAPTER 177 AN ACT TO RECONSTRUCT THE HICKORY NUT GAP ROAD. The General Assembly of North Carolina do enact: SECTION 1. Whereas the part of the Hickory Nut Gap road lying in Henderson County was declared a State road by chapter five hundred and thirty-nine, section one of the Acts of the General Assembly of nineteen hundred and thirteen; and whereas a large portion of this road was destroyed by the flood of July, nineteen hundred and sixteen, it is herewith provided that this road be reconstructed by the State, coöperating with the Federal Government under the provisions of the "Federal Aid Road Act" passed by the last session of the Congress of the United States. SEC. 2. That the board of directors of the State's Prison is herewith directed to furnish as many convicts as possible, not less than seventy-five, for a period of not less than one hundred and twenty (120) working days, to be used for the reconstruction of this said road under the supervision and control of the State Highway Commission under the plans and specifications agreed upon by the United States Secretary of Agriculture and the State Highway Commission; the said convicts shall be detailed for this work within thirty (30) days after the United States Department and the State Highway Commission have completed the arrangements and agreed upon the project requirements. SEC. 3. That the cost of guarding, keeping, clothing, equipping, and all other expenses of the convicts detailed for such road work herein provided for shall be paid by the penitentiary authorities. SEC. 4. That all laws and clauses of laws in conflict with this act are hereby repealed. SEC. 5. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. CHAPTER 178 AN ACT TO REPEAL CHAPTER 48 OF PUBLIC LAWS, EXTRA The General Assembly of North Carolina do enact: SECTION 1. That chapter forty-eight of the Public Laws. extra Law repealed. session one thousand nine hundred and thirteen, relative to the Superior Courts of Hoke County, be and the same is hereby repealed. SEC. 2. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. CHAPTER 179 AN ACT TO AMEND CERTAIN SECTIONS OF CHAPTER 101 The General Assembly of North Carolina do enact: SECTION 1. That section twenty-one, chapter one hundred and Time for keeping ballots. one of the Public Laws of one thousand nine hundred and fifteen be and the same is hereby amended by striking out the word "six" from line twelve and inserting in lieu thereof the word "four." SEC. 2. That section twenty-four, chapter one hundred and one of the Public Laws of one thousand nine hundred and fifteen be and the same is hereby amended by adding after the word "declared," in line seventeen, the following: "and such aspirant has been notified by the appropriate board of elections." SEC. 3. That section thirty-three, chapter one hundred and one of the Public Laws of one thousand nine hundred and fifteen be and the same is hereby amended by adding thereto the follow Request for second primary. |