beyond the limits of this State, unless, before offering for sale, or the sale or distribution of the same, there shall be an inspection and analysis made of it by the inspector appointed or to be appointed, under existing laws, in the county where manufactured, or in the district or port of entry where the same shall be introduced from without the State.

$247. Fertilizers must be branded before sale made. All fertilizers or chemicals for manufacturing or composting the same, offered for sale or Acts 1877, P. 37. distribution in this State, shall have branded upon, or attached to, each bag, barrel, or package, in such manner as the Commissioner of Agriculture may, by regulation, establish, the true analysis of such fertilizer or chemical, showing the per centage of valuable elements or ingredients such fertilizer or chemical contains, embracing the following determinations, to wit:

Acts 1877. P. 37.

$248. Penalty for selling without brand. Any manufacturer, dealer, or other person, offering any fertilizer or chemical for manufacturing the same, for sale or distribution in this State, without having a brand, tag, or such other device as the Commissioner of Agriculture may require, showing the analysis thereof, shall be guilty of a misdemeanor, and on conviction of the same, shall be punished as prescribed in section 4310 of the Code.

$249. Analysis, a guaranty by seller. The analysis so placed upon or attached to any fertilizer or chemicals, shall be a guaranty by the manufacturer, agent, or person offering the same, that it contains substantially Acts 1877, p. 38. the ingredients indicated thereby, in the percentages named therein, and said guaranty shall be binding on said manufacturer, agent 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 said fertilizer. 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 cent. of available phosphoric acid, and two per cent. of ammonia. A copy of the official analysis of any fertilizer or chemical, under seal of the Department of Agriculture, shall be admissible as evidence in any of the Courts of the State, on the trial of any issue involving the merits of said fertilizer.

Acts 1877, p. 38.

$250. Chemist-oath, etc. The Commissioner shall appoint an experienced and competent chemist, to analyze the fertilizers and chemicals for their manufacture, to be sold or distributed in this State. The Chemist shall take and subscribe, before some duly authorized person, an oath, faithfully to perform all duties required of him in this Article, which oath shall be filed with the Commissioner aforesaid. The salary of the Chemist shall not exceed three thousand dollars, to be in full of all compensation, including rent of laboratory and apparatus, and cost of material.

$251. Inspectors-how appointed, salaries, etc. The Commissioner shall appoint inspectors, not exceeding six in number, at such places as he may deem necessary to carry out the provisions of this Article, whose salaries shall be proportioned to the services rendered, but not to exceed Acts 1877, p. 38. fifteen hundred dollars, and in no event to be more than one-half the fees received by the inspector and paid into the treasury. The inspectors shall take and subscribe, before a competent officer, an oath, faithfully to discharge all duties required of them in this Article, and shall give bond in the sum of five thousand dollars each, payable to the Governer and his successors, and approved by the Commissioner and the State Treasurer, for the faithful performance of said duties, which bond and the oath aforesaid, shall be filed in the office of the Commissioner. $252. Duties of the Inspectors. It shall be the duty of the inspectors to take samples, in person, of all fertilizers, or chemicals for their manufacture, intended for sale or distribution in the State, furnish inspectors' Acts 1877. p. 38. tags, or other devices prescribed, for each and every package; to make such reports as may be required by the Commissioner, to collect and to pay over to the Comptroller General, on the first day of each month, all sums collected during the month preceding, and to perform such other services incident to their offices as may be required by the Commissioner of Agriculture. They shall in no case inspect fertilizers or chemicals until the fees for each inspection shall have been first paid.

$253. Fees for inspection. The fees for inspecting fertilizers and chemicals shall be uniformly fifty cents per ton; which fees shall be paid by the manufacturer, agent, or dealer procuring the inspection.

$254. Salaries-how paid. The salaries of the chemist and the inspectors shall be paid out of the treasury, upon executive warrants, which shall be issued on the certificate of the Commissioner of Agriculture, that the services required have been performed, and that the amount claimed is due.

$255. Terms of office of chemist, &c. The chemist and inspectors provided for in sections 250 and 251, shall hold their appointments at the pleasure of the Commissoiner of Agriculture, during his terin of office, unless otherwise removed according to law.

$256. Further duties of inspectors. It shall be the duty of the inspectors, appointed and to be appointed under the existing laws, to inspect and make, or have made, by a competent expert, a chemical analysis of all fertilizers manufactured in this State, or introduced for sale or distribution in the State, from samples selected with care by the inspectors. Each bag, barrel, or other package of fertilizer so inspected shall be stamped with the brand of the inspector, bearing his name and number, or name of his inspection district. The samples so taken by the inspector, shall be taken, with or without the presence of the seller, as the latter may desire, and taken from different portions of the same lot; and the whole of the samples so taken shall be thoroughly mixed together, and from the combination or mixture a portion shall be put into a glass bottle, and tightly corked, and placed by the inspector, in person, in the hands of the chemist.

Acts 1877, P. 39.

Acts 1877, P. 39.

Acts 1877, P. 39.

Acts 1874, p. 8.

$257. Publication of analysis. Publication shall be made, in at least one newspaper, of the names of the fertilizers which shall have been Acts 1874, p. 9. inspected and analyzed, and the names, also, of the dealers therein; and it shall be the duty of the inspectors to furnish to persons desiring to purchase, copies of the analysis made, receiving therefor ten cents for

each copy sent by mail, and he shall permit examinations gratis, of all analyses, during his office hours.

$258. Dealers must call on inspectors. Every dealer in fertilizers, Acts 1874, p. 8. who shall ship into this State, or receive, fertilizers for sale or distribution in any district or section thereof where there is no inspector, shall call on the nearest inspector, to have the same inspected and analyzed.

$259. Penalty for violating the foregoing section. Any person violaActs 1874, p. 8. ting the provisions of the foregoing section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished according to section 4310 of the Code; one-half of the penalty arising upon said conviction shall be paid to the informer, and the other half to the public school fund of the State.

$260. Penalty for refusing sample. Any person refusing a full opportunity to inspect and sample fertilizers or chemicals, as required by secActs 1877, P. 39. tion 252 shall be guilty of a misdemeanor, and on conviction, shall be punished as prescribed in 4310 of the Code.

$261. Inspectors must prosecute offenders against these provisions. It shall be the duty of the inspector, and he is hereby required to prosecute all and every person who shall violate the foregoing provisions by failing or refusing to have the fertilizers in their hands inspected and analyzed as therein directed. The provisions aforesaid, as to the inspection Acts 1874, P. 9. and analysis of fertilizers, shall extend to and be applied to all chemicals sold in or introduced into the State, for sale or distribution, for the purpose of manufacturing fertilizers. And any inspector who shall fail to inspect and analyze, as hereinbefore directed, all fertilizers and chemicals, (for the manufacture of fertilizers,) or who shall give or sell his brand to any person whatever, to be used upon any uninspected fertilizer or chemicals, for the purpose of recommending or aiding in the sale or distribution of the same in this State, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided for in section 259 of this Supplement.

$262. Rules, etc., by Commissioner. The Commissioner of AgriculActs 1877, P. 39. ture is 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 Article..

CHAPTER XIX.

LOTTERIES.

$263. Carrying on-prohibited. It shall not be lawful for any person, or persons, either by themselves, servants, agents, employees, or others, to Acts 1877, p. 112. keep, maintain, employ, or carry on any lottery in this State, or other scheme or device for the hazarding of any money or valuable thing: Provided, that nothing herein shall affect any of the laws now existing against gaming.

2500. 24548.

Acts 1877, p. 112.

$264. Lottery wheels-turning of, prohibited. It shall not be lawful for any person, or persons, either by themselves, servants, agents, employees, or others, to turn any lottery wheel, or to draw therefrom any balls, numbers, letters, or other thing indicating the decision of any chance or hazard of the said lottery, or in any wise to be present, aiding and assisting in the working, turning, or drawing of the said lottery.

$265. Penalty for violating these provisions. Any person offending against the provisions of the two foregoing sections, or either of them, Acts 1877, p. 112. shall be guilty of a misdemeanor, and on conviction, shall be punished

by a fine of not less than five hundred, nor more than one thousand dollars, or be imprisoned for a time not to exceed one year.

266. Georgia State Lottery abolished: See Acts 1876, p. 125.

CHAPTER XX.

PISCATORIAL RIGHTS.

$267. Traps, etc., unlawful-except by written consent. It shall not

be lawful for any person, or persons, to put any trap, wire, trot-line, set- Acts 1875, p. 113. line, or other like contrivance, for catching fish for sale, in any of the 21624. lakes, or other waters, of this State, upon, or within the lands of another, without the written consent of the owner thereof.

$268. Penalty for violating this law. Any person, or persons, who

shall violate the provisions of the foregoing section, shall be guilty of a Acts 1875, p. 113. misdemeanor, and subject, upon conviction, to the penally prescribed in section 4310 of the Code.

269. Oysters. Planters of, protected: See Acts of 1876, p .22.

1618.

CHAPTER XXI.

WEIGHTS AND MEASURES.

ARTICLE I.

WEIGHT OF BUSHELS AND REGULATIONS.

$270. Bushel of various articles enumerated. The legal weight of the following articles or commodities per bushel, shall be as follows: Of wheat, 60 pounds; of shelled corn, 56 pounds; of corn in the ear, 70 pounds; of peas, 60 pounds; of rye, 56 pounds; of oats, 32 pounds; Acts 1875, p. 107 of barley, 47 pounds; of Irish potatoes, 60 pounds; of sweet potatoes, 55 pounds; of white beans, 60 pounds; of clover seed, 60 pounds; of timothy seed, 45 pounds; of flax seed, 56 pounds; of hemp seed, 44 pounds; of blue grass seed, 14 pounds; of buckwheat, 52 pounds; of dried peaches, (unpeeled,) 33 pounds; of dried peaches, (peeled,) 38 pounds; of dried apples, 24 pounds; of onions, 57 pounds; of stone coal, 80 pounds; of unslacked lime, 80 pounds; of turnips, 55 pounds; of corn meal, 48 pounds; of wheat bran, 20 pounds; of cotton seed, 30 pounds; of ground peas, 25 pounds; of plastering hair, 8 pounds.

$271. Weighers must take oath. It shall not be lawful for any scalesman, salesman, or other person in any of the cities, towns, or villages of Acts 1875, p. 102. this State, to weigh any bale, bag, or packages of cotton, tierce, or half tierce, of rice, or any other article of produce disposed of by weight, with- Acts 1876, p. 27. out first taking and subscribing an oath, before some person authorized by law to administer it, that he will justly, impartially, and without deduction, weigh all such cotton, and all other articles of produce disposed of by weight, that may be shown to him for that purpose, and tender a true account thereof to the party, or parties, concerned, if so required.

Acts 1875, p. 102.

The weigher may, nevertheless, make such deductions, for wet or other cause, as may be reasonable, when the seller or his agent shall thereto

consent.

$272. Oath to be filed where. Such oath, when taken, must be filed in the office of the Ordinary of the county, and a minute made thereof; and if such person weighs such produce, without having taken and filed such oath, he and the factor, or person who may employ him, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code: Provided, that the penalties herein prescribed, shall attach only to parties weighing said articles for sale, and not to persons weighing their own produce.

273. Sections 1699 and 1700 repealed. See Acts 1875, p. 18.

CHAPTER XXII.

FEES AND COSTS.

ARTICLE I.

OF JUSTICES OF THE PEACE ETC., AND CONSTABLES.

SECTION I.

FEES PRESCRIBED.

$274. Fees of Justices of Peace, etc. The following shall be the fees fo Justices of the Peace, and Notaries Public:

I. In civil cases:

For each original summons

For affidavit and bond to obtain attachment, and issuing the attachment

Acts 1877, p. 83. For entering up judgment in each case.

For issuing each execution.

For making out interrogatories and certifying same.

$ 35

I 70

35

For trial of case when same is litigated

35

35

For affidavit to obtain possessory warrant and making out the same
For trying same.

I 25

2.00

I 25

For each affidavit when there is no cause pending.

For answering every writ of certiorari to Superior Court.

For presiding at a trial of forcible entry or detainer, or both—each trial

For presiding at a trial of a right of way .

For issuing a rule to establish lost papers

For trying the same

For presiding at trial of nuisance

For witnessing any paper

For affidavit and bond to obtain garnishment

For issuing summons of garnishment.

For each additional copy of garnishment.

For settling cases before judgment.

For claim affidavit and bond.

For trying the same.

For entering an appeal to the Superior Court
For each distress warrant.

For taking testimony in criminal cases.

For issuing order to sell perishable property.

For each lien foreclosed and placed on docket.