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road fund and a special weed tax for the payment of the same shall be collected and paid in the same manner as hereinbefore provided for special weed taxes in this section.

7809d. Penalty.-4. Any person who violates the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than five dollars ($5.00) nor more than ten dollars ($10.00) for each separate and distinct offense.

7809e. Repeal.-5. An act entitled "An act concerning the cutting down and destroying of burrs, thistles, briers, docks and other noxious weeds by owners of lands along public highways," approved March 3, 1907, is hereby repealed.

[Acts 1917, p. 671. In force May 31, 1917.]

7816a. Guide-posts on highways.-1. That the board of commissioners of each and every county in this state may cause guide-posts and guide-boards to be erected, maintained and kept in repair at the forks, intersections or crossing places of the most important public highways which cross such county. Plain and legible inscriptions, in letters, figures and other appropriate devices, giving the directions and distances to and the names of the most important cities and towns to which such public highway leads, shall be conspicuously displayed on the exposed surface of such guide-boards.

[Acts 1921, p. 140. In force May 31, 1921.]

7816b. Construction, maintenance and repairs.-2. All posts, guideboards, letters, figures and devices shall be of durable material and shall be constructed, assembled and installed in a secure and workmanlike manner. The substance, character, form and design of such post, guide-boards, letters, figures and devices shall be prescribed by the state highway engineer, and shall be purchased by the several boards of county commissioners in conformity therewith and in the same manner in which other county supplies are purchased. On free gravel or macadam highways all guide-posts and guide-boards shall be installed, maintained and kept in repair under the direct supervision of the county highway superintendent; the installation, maintenance and repair of all such guide-posts and guide-boards shall be subject to the approval of the board of commissioners of the county in which they are located. All expenses incurred in the purchase, erection, maintenance and repair of guide-posts and guide-boards shall be paid out of the general fund of the county by order of the board of county commissioners and on the warrant of the county auditor.

This section amends section 7816b Supplement of 1918, being section 2, Acts 1917, p. 671.

[Acts 1917, p. 671. In force May 31, 1917.]

7816c. Commissioners may designate highways.-3. The board of county commissioners of the county shall have authority and may designate those public highways in their county which are of sufficient importance to justify the erection of guide-posts, thereon. The public highways designated shall be such as are most frequently traveled and which constitute thoroughfares to and from the most important cities and towns in the adjacent and other counties of this state, or of an adjoining state, and shall in all cases include such highways as have been partially constructed and maintained by state or federal funds, together with such other highways as the board of commissioners in their discretion may designate.

[Acts 1921, p. 140. In force May 31, 1921.]

7816d. Penalty for mutilating guide-posts.-4. Any person who shall displace, mutilate, injure or destroy any guide-post or guideboard or the inscriptions or devices thereon or who shall attach any notice or advertisement thereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars ($5) nor more than fifty dollars ($50), to which may be added imprisonment in the county jail for a period of not to exceed thirty (30) days, in the discretion of the court; in all cases there shall be added as a part of the costs of such suit a sufficient amount to defray the expense of repairing such sign-post or sign-board, and such amount so collected shall be covered into the general fund of the county.

This section amends section 7816d Supplement of 1918, being section 4, Acts 1917, p. 671.

HORTICULTURE.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

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[Acts 1915, p. 200. In force June 1, 1915.]

7828. Nursery certificate, penalty.-6. Whenever a nurseryman, seller of trees, shrubs, vines, plants, or other nursery stock, or any other person who is a resident of this state shall ship or deliver any such goods, he shall attach to each package so shipped, or delivered, a written, or printed certificate stating that such stock has been examined by the state entomologist and found to be to the best of his knowledge and belief to be free from San Jose scale or other injurious or destructive insects or fungous enemies. Said certificate shall become invalid on the first day of June following the date of its issue. Failure to attach to each package of nursery stock so shipped or delivered, such certificate, or to furnish a false certificate, or the use of an invalid certificate, shall be deemed a misdemeanor and any person upon conviction thereof shall be fined as is provided in section 9, of this act. Persons desiring to sell or ship nursery stock shall make application in writing before July 1st of each year to the state entomologist for an inspection of their stock. Persons failing to comply with this provision shall be liable for extra charges to cover the traveling expenses of the inspector. Every person receiving directly or indirectly any nursery stock from foreign countries shall notify the state entomologist of the arrival of such shipment and the contents thereof, name of the consignor, and shall hold such shipment unopened until duly inspected or released by the state entomologist. In case any infested or infected stock is discovered, the shipment shall be subject to destruction or treatment according to the directions of the state entomologist.

This act amends section 7828 of the Revised Statutes of 1914.

7828a. Dealers' license.-2. All dealers within the meaning of this act located either within or without the state, engaged in selling or

soliciting orders for nursery stock in this state shall secure a dealer's license by furnishing a sworn affidavit that he will buy and sell only stock that has been duly inspected and certified by an official inspector and that he will maintain with the state entomologist a list of all sources from which he secures his stock. The term "dealer" shall be construed to apply to any person, whether he be a grower of nursery stock or not, who buys nursery stock for the purpose of reselling or reshipping.

7828b. Agent's license.-3. All agents within the meaning of this act selling nursery stock for any nurseryman or dealer located within the state or outside the state shall be required to secure and carry an agent's license bearing a copy of the certificate held by the principal. Said agent's license shall be issued only by the state entomologist and to agents authorized by their principal or upon the request of the principal. The term "agent" shall be construed and applied to any person selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agents. This term shall also apply to any persons engaged with a nursery man, dealer, or agent, in handling nursery stock on a co-operative basis.

7828c. Licenses to firms outside of state.-4. Nurserymen, dealers, agents, or other persons whose place of business is outside the state, desiring to sell or solicit orders for nursery stock in this state may upon the filing of a certified copy of his original state certificate with the state entomologist of this state obtain a license permitting such persons to sell or solicit orders for nursery stock in this state.

7828d. Misrepresentation of stock.-5. It shall be unlawful for any person to wilfully misrepresent to any other person, the grade, character, variety or quality of stock in a nursery or stock offered for sale by any nurseryman, dealer or agent, or to cause any concealment of stock from inspection, or to withhold any information requested by the state entomologist for the purpose of preventing the proper enforcement of this act. Each person selling or soliciting orders for nursery stock in this state, shall, if requested furnish the state entomologist with copies of his order forms, contracts and agreements with his customers, which are furnished for the use of agents or customers or both.

7828e. Certificate revoked.-6. The state entomologist shall at any time have the power to revoke any certificates or licenses for sufficient cause, including any violation of section 5 of this act, or nonconformity with any rule or regulation promulgated under this act.

7828f. License fee.-7. A fee of $1.00 shall be collected by the state entomologist for each dealer's and agent's license issued either

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