Group Title: Florida review (Tallahassee, FL)
Title: Florida review
ALL VOLUMES CITATION PAGE IMAGE ZOOMABLE PAGE TEXT
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00049005/00027
 Material Information
Title: Florida review
Physical Description: 5 v. : ill. ; 31 cm.
Language: English
Creator: Florida -- Bureau of Immigration
Publisher: Bureau of Immigration, Dept. of Agriculture
Place of Publication: Tallahassee Fla
Publication Date: 1926-1930
Frequency: semimonthly
regular
 Subjects
Subject: Agriculture -- Periodicals -- Florida   ( lcsh )
Industries -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
periodical   ( marcgt )
 Notes
Dates or Sequential Designation: Vol. 1, no. 1 (June 7, 1926)-v. 5, no. 9 (Oct. 20, 1930).
Funding: Florida Historical Agriculture and Rural Life
 Record Information
Bibliographic ID: UF00049005
Volume ID: VID00027
Source Institution: Marston Science Library, George A. Smathers Libraries, University of Florida
Holding Location: Florida Agricultural Experiment Station, Florida Cooperative Extension Service, Florida Department of Agriculture and Consumer Services, and the Engineering and Industrial Experiment Station; Institute for Food and Agricultural Services (IFAS), University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001744570
oclc - 01279992
notis - AJF7332
lccn - sn 00229569

Full Text










Jorltba


Rebioe


PUBLISHED SEMI-MONTHLY BY
BUREAU OF IMMIGRATION, DEPARTMENT OF AGRICULTURE
TALLAHASSEE, FLORIDA

VOL. 2 JULY 4, 1927 NO. 3



LAWS RELATING TO AGRICULTURE


STANDARDIZATION FRUIT AND VEGETABLE
LAW

AN ACT to Establish Standard Grades for Fruits and Veg.
tables in the State of Florida, to Provide for Coopera-
tive Shipping Point Inspection Service and Expenses
Thereof, to Provide for Rule of Evidence in Court, in
Certain Cases, and to Provide for Assistants to the
State Marketing Commissioner in the Carrying Out of
the Provisions of This Act.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That the standard grades of all fruits and
vegetables shall be the same as those of the United States
grades as now promulgated or which may be promulgated
by the United States Department of Agriculture.
Sec. 2. That the Florida State Marketing Bureau, co-
operating with the United States Department of Agricul-
ture, shall, when requested by the shipper, furnish carlot
inspection of fruits and vegetables at shipping point, fur-
nishing certificates in conformity with those used by the
United States Department of Agriculture in shipping point
inspection, provided the expense or charge of such inspec-
tion shall be paid by the shipper.
Sec. 3. That all fees for inspection shall be paid to the
State Marketing Commissioner, who shall deposit same in
a fund to be known as the Cooperative Inspection Fund,
and all expenses for inspection service shall be paid from
said fund upon the approval and at the direction of the
State Marketing Commissioner.
Sec. 4. That all such cooperative Government certifi-
cates shall be accepted as prima facie evidence in the
courts of Florida.
Sec. 5. That the State Marketing Commissioner shall
employ such assistants as are necessary to carry out the
provisions of this Act.
Sec. 6. That all laws or parts of laws in conflict with
this Act be and the same are hereby repealed.
Sec. 7. That this Act shall take effect upon its becom-
ing a law.
Approved May 23, 1927.

ARSENICAL SPRAY LAW

AN ACT to Prohibit the Use of Arsenic or Any of Its
Derivatives or Any Combination, Compound or Prepara-.
tion Containing Arsenic, as a Fertilizer or Spray on
Bearing Citrus Trees; to Prohibit the Sale or Transpor-
tation of Citrus Fruit Containing Any Arsenic; and to
Provide for Enforcement Thereof.


Be It Enacted by the Legislature of the State of Florida:
Section 1. It shall be unlawful for any person, partner-
ship, association or corporation owning, managing or tend-
ing and cultivating citrus groves or trees to use arsenic or
any of its derivatives or any combination, compound or
preparation containing arsenic, as a fertilizer or spray on
bearing citrus trees.
Sec. 2. It shall be unlawful for any person, partnership,
association or corporation to sell or offer for sale, trans-
port, prepare, receive or deliver for transportation or
market, any citrus fruit of any variety which shall con-
tain any arsenic, or any compound or derivative of arsenic.
Sec. 3. The citrus fruit inspectors who shall be ap-
pointed by the Governor upon recommendation of the
Commissioner of Agriculture, and the special citrus fruit
inspectors who may from time to time be designated by
the Commissioner of Agriculture, in accordance with Chap-
ter 10103, Laws of Florida, Acts of 1925, shall be author-
ized to inspect citrus fruit hereunder, at any packing
house or other place where citrus fruit is being received
or prepared for sale and transportation and to carry out
the provisions of this Act in general under the direction
and supervision of the Commissioner of Agriculture and
subject to the provisions of law and the rules and regula-
tions prescribed by the Commissioner of Agriculture.
Sec. 4. Whenever any citrus fruit inspector or special
citrus fruit inspector shall find citrus fruit at any packing
house or other place where the same is being received or
prepared for sale or transportation which citrus fruit shall,
when tested under the provisions of Chapter 10103, Laws
of 1925, show an abnormal and excessively high ratio of
total soluble solids of the juice thereof to the Anhydrous
Citric Acid thereof, indicating the presence of arsenic
therein, it shall become the duty of said inspector to at
once seize and take possession of said citrus fruit pending
the procuring of the chemical analysis hereinafter pro-
vided for, notifying the manager or other person in charge
of said packing house of such seizure. It shall be unlawful
for the manager of said packing house, or the owner of said
citrus fruit, or any person whomsoever to sell, transport or
in any way move or dispose of any of said fruit from the
time of seizure thereof until after the making of said chem-
ical analysis and the receipt of the chemist's report there-
on; Provided that no citrus fruit so seized may be held by
any inspector more than 96 hours after the time of seizure
thereof unless the same shall be shown by the chemist's
analysis to contain arsenic.
Sec. 5. Upon the making of seizure of any citrus fruit
as provided for in Section 4 hereinabove, it shall be the
duty of the inspector making said seizure to immediately









2 Florida Review


draw samples therefrom as shall be provided for by reg-
ulations to be issued by the Commissioner of Agriculture,
drawing said samples either from the packing house bins,
or elsewhere in the packing house, or from field boxes or
vehicles delivering said citrus fruit to said packing house.
Such samples, so drawn by said inspector, shall be trans-
ported with all possible haste to such chemist or chemists
as may be designated by the Commissioner of Agriculture
for the nmking by such chemist or chemists of a chemical
analysis thereof to determine whether or not the said
citrus fruit contains arsenic. It shall be the duty of said
chemist or chemists to make said analysis with all proper
haste and to report by the quickest means available the
result of said analysis, as soon as the same is completed,
to the inspector making the seizure. If the said analysis
shall show that the said citrus fruit contains no arsenic
it shall be the duty of the Inspector to release the fruit
from seizure as soon as he receives the report of the
chemist or chemists thereon.
Sec. 6. All citrus fruit prepared for sale or transpor-
tation or which is being prepared for such purposes, or
which has been or is being delivered for sale or transpor-
tation, that may be shown by the chemical analysis herein-
above provided for to contain arsenic or any compound or
derivative of arsenic shall be destroyed by the inspector
making seizure of the same or by any citrus fruit inspector
or by the sheriff of the county where found, as may be
provided by regulations prescribed by the Commissioner
of Agriculture.
Sec. 7. The Commissioner of Agriculture shall from
time to time, as he may deem to be expedient and neces-
sary, make and promulgate rules and regulations for carry-
ing out and enforcing the provisions and regulations of
this Act.
Sec. 8. It shall be unlawful for any person to obstruct
or resist any citrus fruit inspector or any special citrus
fruit inspector in the performance or discharge of any
duty imposed upon or required of him or her by the pro-
visions of this Act or by any rule or regulation prescribed
by the Commissioner of Agriculture as herein authorized.
Sec. 9. Any person who shall violate any of the provi-
sions of this Act, or do or commit any act herein declared
to be unlawful, or shall violate any reasonable rule or reg-
ulation made and promulgated by the Commissioner of
Agriculture in pursuance of the authority therefore herein
given, shall be punished by a fine of not less than Five
Hundred Dollars ($500.00) and not more than Ten Thou-
sand Dollars ($10,000.00) or by imprisonment for not less
than one month and not more than twelve months, or by
both such fine and imprisonment in the discretion of the
Court.
Sec. 10. All laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 11. This Act shall take effect immediately upon
its becoming a law.
Approved May 25, 1927.


CITRUS FRUIT LAW

AN ACT to Amend Sections Two, Four, Five and Nine
of Chapter 10103, Acts of 1925, Entitled "An Act to Pro-
hibit the Sale or Transportation of Citrus Fruit that is
Immature, or Otherwise Unfit for Consumption, and to
Provide for Enforcement Thereof."

He It Enacted, by the Legislature of the State of Florida:
Section 1. That Section 2 of Chapter 10103, Laws of


Florida, Acts of 1925, be and the same is hereby amended
so as to read as follows:
"Section 2. It shall be unlawful for any person to sell
or offer for sale, transport, prepare, receive, or deliver
for transportation or market any citrus fruit between the
31st day of August and the 1st day of December in any
year, unless such fruit is accompanied by a certificate of
inspection and maturity thereof as defined by this Act,
issued by a duly authorized Citrus Fruit Inspector of the
Department of Agriculture of the State of Florida.
"The certificates of inspection and maturity mentioned
in this Act shall be of such number, form, size and char-
acter, and shall be used in such manner to identify the
fruit to which they relate, as the Commissioner of Agri-
culture of this State may by rule or regulation prescribe.
Provided, that the Commissioner of Agriculture may, by
regulation under the maturity standard now provided by
law, prescribe a tolerance of two-tenths of one per cent
on either the total soluble solids or ratio, or divided be-
tween the two. All inspections shall be made at the pack-
ing house. Provided, that it shall be unlawful during the
remaining period from December 1st to August 31st fol-
lowing in each year, for any person to sell, offer for sale,
transport, deliver or prepare for sale or transportation any
citrus fruit which is immature or otherwise unfit for con-
sumption, or for any person to receive any such fruits un-
der a contract of sale, or for the purpose of sale, offering
for sale, transportation, or delivery for transportation
thereof. Provided, further, that the provisions of this Act
shall not apply to sales of citrus fruit "on the trees,"
nor to common carriers or their agent when the fruit ac-
cepted for transportation or transported by such common
carrier is accompanied by a proper certificate of maturity
of such fruits, as hereinafter provided, or when accepted
by them for transportation between the 1st day of Decem-
ber in any year and the 1st day of September next there-
after, nor to transportation of fruit from grove to packing
house located within this State."
Sec. 2. That Section 4 of Chapter 10103, Laws of Flor-
ida, Acts of 1925, be and the same is hereby amended so
as to read as follows:
"Section 4. The owner, manager or operator of each
packing house at which it is intended to pack or prepare
citrus fruit for market or transportation during the then
present or then next ensuing citrus fruit packing season,
shall register such packing house and its location, shipping
point, and post office, with the Commissioner of Agricul-
ture, not less than ten (10) days before packing or other-
wise preparing any citrus fruit for sale or transportation
in or at such packing house; and he shall in addition to
such registration give the said Commissioner not less than
seven (7) days' written notice of the date on which the
packing, or other preparation for sale or transportation be-
tween August 31st and December 1st of citrus fruit of the
then current or the next ensuing season's crop would be
begun. And it shall be unlawful for any person to operate
a citrus fruit packing house or to pack or otherwise prepare
for sale or transportation any citrus fruit at such packing
house, without having previously registered said packing
house and given the notice herein required; provided that,
no certificate of inspection and maturity of any fruit shall
.be issued by any authorized inspector to any person who
has not registered with the Commissioner during the then
current year or has not given to said Commissioner the
notice as required by this Act, nor until after payment of
the inspection fee imposed by or under the provisions of










Florida Review 3


floriba Rebietu

Published Semi-Monthly by
Bureau of Immigration, Department of Agriculture
Tallahassee, Florida

Nathan Mayo...........................Commissioner of Agriculture
T. J. Brooks..................Director Bureau of Immigration
Phil S. Taylor ................................. ......... Advertising Editor
Entered as second-class matter, June 25, 1926, at the Post Office
at Tallahassee, Fla., under the Act of June 6, 1920.
Will be mailed free to anyone upon request.
VOL. 2 JULY 4, 1927 NO. 3


this Act and such payment evidenced as herein required'
or authorized."
Sec. 3. That Section 5 of Chapter 10103, Laws of Florida,
Acts of 1925, be and the same is hereby amended so as to
read as follows:
"Section 5. Every vendor or shipper of citrus fruit be-
tween the dates of August 31st and December 1st of each
year shall pay to the Commissioner of Agriculture a fee of
two and one-half cents for every box of citrus fruit by him,
ic or them sold, transported or delivered for transporta-
tion, or when such fruit is sold, or transported in bulk or
in containers other than standard size boxes shall pay two
and one-half cents for each two (2) cubic feet or eighty
(80) pounds of such fruit, provided, however, that if the
Governor and Commissioner of Agriculture shall deter-
mine, not less than thirty (30) days before the first day
of September in any year, that a smaller fee than that
herein named will produce sufficient funds to defray the
expenses of and incident to the enforcement of this Act
during the then next ensuing citrus fruit shipping or mar-
keting season, the Governor may by order and proclama-
tion reduce the fee to be paid during the next ensuing
season to such sum as may be deemed sufficient for said
purpose.
"Such fee shall be due when the fruit is prepared for
market or transportation, and payment thereof shall be
evidenced by stamps, as hereinafter provided. And it shall
be unlawful to sell, deliver, transport, or deliver or receive
for transportation, iany citrus fruit. payment of the fee for
which is not evidenced by proper stamps as may be pro-
vided by regulation prescribed by the Commissioner of
Agriculture.
"Provided, however, that the provisions of this Section
shall not apply to the transportation or carriage of fruit
from grove to packing houses within this State."'
Sec. 4. That Section 9 of Chapter 10103, Laws of Flor-
ida, Acts of 1925, be and the same is hereby amended so
as to read as follows:
"Section 9. That the Commissioner of Agriculture may
in each year employ as many Citrus Fruit Inspectors, for
such period or periods, not exceeding one year, as said
Commissioner shall deem to be necessary for the effective
enforcement of this Act.
"All persons authorized under the provisions of this Act
to inspect and certify to the maturity of citrus fruit shall
be governed in the discharge of their duties as such in-
spectors by the provisions of this Act and by the rules and
regulations prescribed by the Commissioner of Agricul-
ture as herein authorized, and shall perform their duties
under his direction and supervision."


Sec. 5. All laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 6. This Act shall take effect immediately upon its
becoming a law.
Approved May 27, 1927.


FROZEN FRUIT LAW

AN ACT to Prevent the Sale or Transportation of Citrus
Fruit that Has Become Unfit for Consumption by Rea-
son of the Effects of Frost or Freeze; to Empower the
Commissioner of Agriculture, in the Event of Serious
Damage to Citrus Fruit by Frost or Freeze, to Employ
Inspectors to Prevent the Sale or Transportation of
Such Fruit as Has Become Unfit for Consumption; to
Empower the Commissioner of Agriculture to Cooperate
by and Through Said Inspection Service, or Otherwise,
with the United States Department of Agriculture in
Carrying Out the Purposes of This Act; and to Provide
for Enforcement Thereof.

IBe It Einacted b1 the Lcgislatufre of the ,tate of Florida:

Section 1. In the event that any considerable portion
of the citrus fruit produced in the State of Florida, and on
the trees at the time, shall have suffered such serious dam-
age by reason of the occurrence of a severe frost and/or a
freeze as to have become unfit for consumption, the Com-
missioner of Agriculture, in his discretion, and by and with
the consent and advice of the Governor, shall have the
power to declare the existence of a state of emergency in
the citrus industry. It shall forthwith become the duty of
the Commissioner of Agriculture to employ as many Emer-
gency Inspectors for such period or periods, not longer
than until the next ensuing June 1st, as he may deem
necessary for the effective enforcement of this Act.
Sec. 2. Such Emergency Inspectors shall have the right
and authority and it shall be their duty under the super-
vision of the Commissioner of Agriculture, and subject to
such rules and regulations as said Commissioner of Agri-
culture may promulgate in accordance with this Act, to
inspect citrus fruit found at any packing house, or at any
other place where the same is being prepared for shipment
or for sale: provided that, except as to shipments of citrus
fruit in bulk, all samples drawn for inspection under the
terms of this Act shall be taken only from the packing
bins or from the place where said fruit is last found in
bulk before being packed in the boxes or containers in
which said fruit is to be sold or transported. In the event
that any of such fruit is found to be so damaged as to be
unfit for consumption, it shall be the duty of said Emer-
gency Inspectors detecting such condition to inform the
manager, or other person in active charge of the packing
house where such damaged fruit is found that the same
is unfit for consumption and should not be sold or trans-
ported. It shall likewise be the duty of said Emergency
Inspectors to notify the Commissioner of Agriculture as
to the disposition of said damaged fruit and as to all facts
concerning the condition of the same. In the event that
such damaged fruit so found to be unfit for consumption
shall not be destroyed by shipper, it shall become the duty
of the Commissioner of Agriculture to forthwith furnish all
information concerning the same to the United States De-
partment of Agriculture and/or the officials, agents or in-
slectors of said United States Department of Agriculture,
or of any bureau thereof, engage 1 in the work of inspect-
ing and condemning such damaged fruit. It shall likewise












4 Florida Review


be the duty of said Commissioner of Agriculture to co-
operate fully with the United States Department of Agri-
culture and its agents in effecting the condemnation and
destruction under the United States laws of all such dam-
aged fruit which shall be shipped, sold or transported in
spite of the warning of said Emergency Inspectors, and in
assisting in the prosecution of all persons who may be
prosecuted in the United States Courts by reason of the
sale or transportation of said damaged fruit.
Sec. 3. It is the purpose of this Act that such Emer-
gency Inspectors as are provided for herein shall be used
by the Commissioner of Agriculture so as to enlarge and
assist the Inspection Service of the United States Depart-
ment of Agriculture and that such Emergency Inspectors
shall use such tests and standards in determining the fit-
ness or unfitness for consumption of damaged fruit as may
be from time to time prescribed by the Bureau of Chem-
istry of the United States Department of Agriculture for
use by its own licensed inspectors and agents.
Sec. 4. The Commissioner of Agriculture shall from time
to time as he may deem it to be expedient and necessary
make and promulgate rules and regulations for carrying
out and enforcing the provisions and regulations of this
Act, provided, that such regulations shall incorporate the
standards and tests prescribed from time to time by the
Bureau of Chemistry of the United States Department of
Agriculture.
Sec. 5. It shall be unlawful for any person to obstruct
or resist any Emergency Inspector in the performance or
discharge of any duty imposed upon or required of him
or her by the provisions of this Act or by any rule or regu-
lation prescribed by the Commissioner of Agriculture as
herein authorized.
Sec. 6. It shall be unlawful for any Emergency Inspector
to make or issue any false report or statement as to in-
spection of any fruit or as to the condition of any citrus
fruit inspected by him.
Sec. 7. The Emergency Inspectors employed under the
provisions of this Act shall each hold office until such time
as the Commissioner of Agriculture may deem proper to
discontinue his services, or until such time as the Super-
vising Inspector may advise the Commissioner of Agricul-
ture either that the services of such Emergency Inspector
are not satisfactory or that the services of such Emer-
gency Inspector are no longer required. Each Emergency
Inspector employed under the provisions of this Act shall
receive a salary of one hundred fifty dollars ($150.00) per
month, and in addition thereto shall receive his necessary
traveling and other expenses incurred by him in the dis-
charge of his duties as such Inspector, which shall be paid
upon approval of accounts by the Supervising Inspector
and the Commissioner of Agriculture. Such salaries and
expenses shall be paid out of the "General Inspection
Fund" created by Chapter 10149, Acts of 1925. The Com-
missioner of Agriculture is hereby authorized to employ
such additional field and other agents and clerical assist-
ance, at such times and for such periods and to incur and
pay out of the "General Inspection Fund" on vouchers
approved by the Supervising Inspector and Commissioner
of Agriculture, any other expenses, including traveling ex-
penses of the Commissioner of Agriculture, during such pe-
riod of emergency season as may be necessary for the ef-
fective enforcement of this Act.
Sec. 8. The State Chemist and Assistant State Chemist
of the State of Florida shall retain all power and authority


heretofore vested in them in regard to inspection in any
ways affected by the provisions of this Act.
Sec. 9. Any person who shall violate any of the provi-
sions of this Act shall be punished by a fine of not less
than fifty dollars ($50.00) and not more than One Thou-
sand Dollars ($1,000.00) or by imprisonment for not less
than one month and not more than twelve months, or both
such fine and imprisonment in the discretion of the Court.
Sec. 10. All laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 11. This Act shall take effect immediately upon
its becoming a law.
Approved May 27, 1927.

SOIL SURVEY LAW

AN ACT to Provide for a Soil Survey Service in the State
Department of Agriculture, Cooperating With the State
Geologist, the State Experiment Station and the Bureau
of Soils of the United States Department of Agriculture;
to Authorize the State Commissioner of Agriculture to
Establish an Office of State Soil Survey Service, to
Equip a Laboratory for Analyzing Soils Mechanically and
Chemically, to Appoint Expert Soil Analysts and Sur-
veyors and Such Other Employees as Are Found Nec-
essary to Carry Out the Provisions of This Act, and to
Make Appropriation for Same.
Be It Enacted by the Lcgislaturc of the State of Florida:
Section 1. That the Commissioner of Agriculture be and
is hereby authorized to establish a soil survey service in
his Department, cooperating with the State Geologist, State
Experiment Station and the Bureau of Soils of the Unit-
ed States Department of Agriculture. The Commissioner
of Agriculture shall appoint a suitable person to conduct
soil survey work under such regulations as the Commis-
sioner of Agriculture may promulgate.
Sec. 2. That the Commissioner of Agriculture shall di-
rect a soil survey for counties, districts, corporations, asso-
ciations and individuals whenever such surveys are re-
quested and the cost of same shall be satisfactorily guar-
anteed by the party or parties requesting same. The Com-
missioner shall make charges to cover the estimated cost
of making all surveys and publishing of maps and print-
ed reports of same.
Sec. 3. That the Commissioner of Agriculture shall pro-
vide a suitable laboratory for the analyzing of soils me-
chanically and chemically in connection with the office of
the State Chemist, with a competent soil analyst and such
other assistants as may be necessary.
Sec. 4. That the sum of $15,000 (Fifteen Thousand
Dollars) be and the same is hereby appropriated and set
aside annually, not to exceed two years, from the general
inspection fund, not otherwise expended, created by Chap-
ter 10149, Acts of 1925, or as much thereof as may be nec-
essary to carry out the provisions of this Act.
Sec. 5. That all surplus moneys collected from the
charges herein provided shall be deposited with the State
Treasurer in a fund to be known as the "Soil Survey
Fund," and at the end of each fiscal year all such funds
accumulated in excess of the amount required to defray
the expenses herein provided shall be credited to the ap-
propriation herein provided until such time as the full
amount of the appropriation of $15,000 (Fifteen Thousand
Dollars) annually, not to exceed two years, shall have been
paid into the Treasury.










Florida Review 5


Sec. 6. That all laws and parts of laws in conflict with
this Act be and the same are hereby repealed.
Sec. 7. That this Act shall take effect upon its becoming
a law.
Approved May 27, 1927.

INDUSTRIAL SURVEY LAW

AN ACT to Authorize the Commissioner of Agriculture to
Conduct An Industrial Survey of the State, to Employ
Such Assistants as May Be Necessary to Carry On the
Work, and to Make Appropriation for Same.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That the Commissioner of Agriculture be and
is hereby empowered and directed to conduct a compre-
hensive industrial survey of the State for the purpose of
ascertaining the kind, character and location of industries
now in operation and the opportunities for other industries
of every kind and character that may be established in
the State, together with complete statistics regarding
commerce, both by land and water, and the opportunities
for commercial expansion in the future, and to employ
such assistants as are necessary to carry out the provi-
sions of this Act.
Sec. 2. That the Commissioner of Agriculture shall make
report of said survey to the Governor within one year from
date of this Act, giving the results of the finding and rec-
ommendations based thereon.
Sec. 3. That the sum of $15,000 (Fifteen Thousand Dol-
lars), or as much thereof as may be necessary, be and
the same is hereby appropriated and set aside out of the
general inspection fund, not otherwise expended, created
by Chapter 10149, Acts of 1925, to carry out the provisions
of this Act.
Sec. 4. That all laws and parts of laws in conflict with
this Act be and the same are hereby repealed.
Sec. 5. That this Act shall take effect upon its be-
coming a law.
Approved May 27. 1927.

EGG LAW

AN ACT to Classify Eggs and Regulate the Sale of Same
and Providing Certain Penalties for Violation Thereof.
Re It Enacted by the Legislature of the State of Florida:
Section 1. That within the intent and purpose of this
Act eggs are classified as: (A) Cold Storage Eggs, con-
strued to mean eggs which have been in cold storage; (B)
Shipped Eggs, construed to mean eggs shipped into the
State of Florida which have not been in cold storage; (C)
Fresh Florida Eggs, construed to mean eggs produced in
Florida which are neither partly nor wholly decomposed
and which have not been in cold storage or processed.
Sec. 2. That from and after the passage of this Act it
shall be unlawful for any person, firm, association or cor-
poration within this State: (A) To offer for sale or sell
at wholesale or retail any case of eggs without clearly
imprinting thereon, or securely pasting thereto a label
not smaller than seven inches by seven inches on which
shall be plainly and legibly printed, the name and address
of the packer of said eggs and the classification to which
same belongs as hereinbefore designated. Provided, this
Act shall not apply to any case of eggs not divested of its
interstate character. (B) Or to offer for sale or sell any
pasteboard or other carton of eggs without first imprint-
ing or stamping thereon in letters not smaller than three-
eighths of an inch in height the classification as above


set forth in which the eggs contained therein belong, and
also the packer's name and address in smaller type. (C)
Or to offer to sell or sell eggs in bulk (not in cartons)
from any open case, box or other receptacle holding said
eggs in bulk without displaying conspicuously on every
such open case, box or other receptacle, a placard of lieavy
cardboard not smaller than eight inches by eleven inches
in size on which shall be legibly and plainly printed in let-
ters not smaller than one inch in height wording showing
whether the said eggs offered for sale or sold are "cold
storage eggs," "shipped eggs," or "fresh Florida eggs."
(D) Or to offer eggs for sale in any newspaper advertise-
ment or circular without plainly designating in such news-
paper or circular in which of the above named classifica-
tions the eggs being offered for sale properly belong.
Sec. 3. Any person, firm, association or corporation vio-
lating Section 2 of this Act is guilty of a misdemeanor, and
upon conviction thereof shall be sentenced to pay a fine
of not less than Fifty ($50.00) Dollars nor more than Two
Hundred ($200.00) Dollars, or to imprisonment for not
more than ninety (90) days in the County Jail.
Sec. 4. This Act shall take effect immediately upon its
passage and approval by the Governor or upon its becom-
ing a law without such approval.
Became a law without approval of Governor.

LAWS GOVERNING THE SALE, PURCHASE
AND INSPECTION OF COMMERCIAL
FERTILIZERS IN FLORIDA

Section 178. (1263) Duty of State Chemist.-It shall be
the duty of the State Chemist to analyze samples of ferti-
lizer that may le offered for sale in this State, and for
this purpose he is authorized and directed to take or have
taken by the Assistant State Chemist from any brand of
fertilizer offered for sale in this State, from not less than
ten original packages of said fertilizers which may be
in the possession of any manufacturer, dealer or person using
the same, two samples not to exceed one pound each in
weight. one sample to lie retained by the State Chemist and
the other samples to be sent in a sealed bottle or can to
the Commissioner of Agriculture who shall keep the same.
And in case any manufacturer shall request another analy-
sis. then the sample retained by the Commissioner of
Agriculture, at the request of the manufacturer, shall be
sent to any chemist to whom the Commissioner of Agricul-
ture. State Chemist and manufacturer shall agree upon.
Section 181. Powers of Inspectors; Drawing Samples.
Etc.-In the performance of their duties, inspectors shall
have free access at all reasonable hours, to any store, wire-
house, factory, packing house. or railway depot, zwhercib
commercial stock feed, or commercial fertilizers, foods or
drugs are stored, manufactured or prepared for sale, for
the purpose of examination or inspection and drawing
samples of commercial fertilizers, food stuffs, food or drugs.
If such access be refused by the owner, agent or man-
ager of such premises, the Inspector may apply for a search
warrant which shall le obtained in the same manner as
provided by law for the obtaining of search warrants in
other cases. The refusal to admit an inspector to any
of the above mentioned premises during reasonable hours,
shall be construed as prima facie evidence of violation of
this Act.
In calling for and taking sample of foods or drugs, the
inspector shall tender to the owner or agent the market
value of the sample.
Section 184. State Chemist aend Assistants Ex-offitio In-
s.pector..-The State (hemist and the Assistant State Chem-
ists shall lie cx officio inspectors of the chemical division










6 Florida Review


of the Department of Agriculture; their annual traveling
expenses shall be paid on detailed vouchers approved by
the Commissioner of Agriculture and State Chemist.
Section 185. Commissioner of Agriculture Given Power
of Inspector.-The Commissioner of Agriculture, by virtue
of his office, shall at all times have the power of an in-
spector and all expenses incurred in the performance of
the duties of an inspector shall be paid in the same man-
ner as the expenses of other inspectors.
Section 2398. (1264) Commercial Fertilizers to be
Labeled: Seeizre Where Deficient.-Every package of com-
mercial fertilizer or fertilizer material manufactured, im-
ported. transported, distributed, stored, kept or offered for
sale or sold in or into the State of Florida shall have se-
curely attached a tag on which shall be plainly and leg-
ibly printed the name or brand of the commercial fertili-
zer or fertilizer materials: the name and address of the
manufacture or jobber; the net contents of the package
in pounds; the chemical analysis stating the minimum
percentages of available ammonia, and materials from
which derived, insoluble ammonia, available phosphoric
acid, and materials from which derived; insoluble phos-
phoric acid, water soluble potash. and materials from
which derived, and total available plant food; the maxi-
mium percentages of chlorine and moisture; and a state-
ment of all the materials from which the commercial fer-
tilizer or fertilizer material is made. There shall also
be attached to the tag the stamp showing the payment of
the fee required by law. There shall be no other state-
ments on the tag. Commercial fertilizers and fertilizer
materials when sold or shipped to consumers in bulk shall
have the statements required in this section shown on or
attached to the invoice or bill and shall also have attached
to the invoice or bill the stamps, showing the payment of
the fee sufficient to cover the shipment or sale.
The form of the tag shall be as follows:
Name or brand of fertilizer.
Name of manufacturer or jobber.
Address of manufacturer or jobber.
Net weight in pounds.
Guaranteed analysis, based on net weight. Available
ammonia not less than ............ per cent. derived from
......... Insoluble ammonia not less than ......... Avail-
able phosphoric acid not less than ........ derived from
......... Insoluble phosphoric acid not less than ........
Water soluble potash not less than ......... derived from
Total available plant foot not less than-14%.
Chlorine not more than.......... Moisture not more than

This form of tag shall be used for all fertilizer materials
as well as for complete fertilizers. Any person, firm or
corporation who shall manufacture. import, transport, dis-
tribute. store, keep or offer for sale. or sell any package of
commercial fertilizers or fertilizer materials that fails to
have attached the tag. or the tag fails to hear all the in-
formation required by this section, or said tag fails to
have attached the stamp, showing payment of the fee, shall
be guilty of a misdemeanor and upon conviction thereof
shall be 1ined not more than Five Hundred ($500.00) Dol-
lars for each offense.
Section 2399. (1265) Duty of Shcriffs.-The Sheriffs
of the counties of this State are hereby authorized, andl
it is hereby made their duty to seize and sell at public
sale, each and every hag, barrel or package of commercial
fertilizer, cotton seed meal. castor pomace, tobacco stems.
tobacco dust or tobacco meal manufactured. imported into
or sold in this State. which shall not have securely at-
tached the tag or label and stamp mentioned in the pre-
ceding Section: provided, that should the owner show to
the satisfaction of the Sheriff that such tag or label or


stamp had been attached and the same had become de-
tached, the Sheriff shall release the same without cost to
the owner.
Section 2400. (1266) Fertilizer in Bulk.-All fertil-
izer shipped in bulk to the consumers shall be subject to
penalties provided for by law upon the attempt to evade
the payment of such tax; provided, that nothing in this
Chapter shall lie construed to restrict or avoid sales of
acid phosphate, kainit or other fertilizer material in bulk
to each other by importers, manufacturers or manipula-
tors who mix fertilizer material for sale. or. as preventing
the free and unrestricted shipment of these articles in bulk
to manufacturers or manipulators who mix fertilizer ma-
terial for sale. All moneys or proceeds derived from thl.
seizure and sale of fertilizer shall lie converted into the
State Treasury.
Section 2401. (1267) To File Name of I'rincipal Agent
with Commissioner of .Igricrul lre.-Any manufacturer or
importer of, or agent for the sale of commercial fertilizers.
previous to offering the same for sale in this State, shall
file with the Commissioner of Agriculture annually a paper
giving the name of his principal agent or agents in the State
of Florida. also the namc and guaranteed analysis, under
oath. of the fertilizer or fertilizers offered for sale by him;
but lie shall not be permitted to register any mixed brand
of commercial fertilizer of which the available plant food
constitutes less than fourteen (14) per cent.
Section 2402. (1208) Fee to Be Paid by the Manu-
facturer.-Every manufacturer, importer, agent or seller
of any commercial fertilizer, cotton seed meal, castor pom-
ace, tobacco stems, tobacco dust or tobacco meal, shall
pay to the State Treasurer a fee of twenty-five cents for
each and every ton offered for sale in this State; provided,
that when the manufacturer or importer shall have paid
the fees herein required for any person acting as agent or
seller for any manufacturer or importer, such agent or
seller shall not le required to pay the fee named in this
Section.
Section 2403. (1269) Coanituisioner of Agriculture to
Furnish Stanmp..-It shall be the duty of the Commis-
sioner of Agriculture to furnish the manufacturers, im-
porters or dealers with stamps or labels to be attached by
the manufacturers to each package of fertilizer sold or
used in this State, which stamp or label shall be accounted
for by the Commissioner of Agriculture in his monthly
reports to the Governor; such stamps shall be printed ;ii
such form as may be prescribed by the said Commissioncr
of Agriculture.
Section 2404. (1270) How Manufacturers Obtain
Stamps.-Each manufacturer and importer of or dealer in
fertilizers, cotton seed meal, castor pomace, tobacco stems,
tobacco dust or tobacco meal, shall forward the money for
fertilizer stamps or labels with his letter of request, directed
to the State Treasurer. Said letter of request shall con-
tain the statement of tons of fertilizers for which stamps or
labels are required and the number of packages contained
in each ton. The State Treasurer shall hand to the Com-
missioner of Agriculture the letter of request for fertilizer
stamps or labels, which order shall le filled by the Com-
missioner at once, if found correct.
Section 2405. (1271) Analysis of Fertilizers Purchased
front Maniufactu acr., ,lobber.b or Vencdors.-Any person
purchasing any connuercial fertilizer or fertilizer material
from any manufacturer, jobber, or vendor for his own use,
may submit fair samples of said commercial fertilizer or
fertilizer material to the Conmmiissioner of Agriculture for
analysis by the State Chemist. A disinterested person,
in the presence of another disinterested person and the
purchaser of the commercial fertilizer or fertilizer ma-
terial, shall take an approximately equal quantity from not










Florida Review 7


less than ten per centum of the packages of each separate
lot or brand : but in all cases the samples shall be taken
from at least ten packages, unless there is less than ten
packages in this lot, when the samples shall be taken from
each and every package. The samples taken shall be as
representative as possible of the lot of commercial fer-
tilizer or fertilizer material. When the samples are taken
from not more than ten packages a pint or pound shall be
taken from eacl package but if the samples are taken from
more than ten packages, proportionately less may le taken
from each package. After thoroughly and carefully mixing
these samples from the packages of commercial fertilizer
or fertilizer material, a sample of not less than a pint
or pound shall be taken from the mixture and placed in a
glass or metal container iand sealed in the presence of tihe
witnesses. A seal shall le placed on the container of the
sample and said seal shall lie dated, given an identifying
number or mark and signed by the purchaser and witnesses.
A letter shall also be addressed to the Commissioner of
Agriculture. advising him of the sending of the sample.
and stating the name and address of the purchaser, the
number of packages and pounds in the lot. the date of
delivery of the commercial fertilizer or fertilizer material,
the number of packages from which the sample was drawn,
the statement that the packages were not damaged by the
weather. the date of drawing the sample, the identifying
number or mark on tie sample, and shall lie signed by
the witnesses, who shall give their addresses.
The letter of transmittal shall be substantially of the
following form :
N o .. ....................... Florida
.......................... 192 ....
The Commissioner of Agriculture.
Tallahassee. Florida.
Iear Sir:
There is sent you today by mail (or express) a sample
o f . . . . . . .. .. . .. . .
(Indicate fertilizer, stock feed or cotton seed meal) for
Mr........................... whose address is...........
............................. Florida, for analysis by the
Stale ('hemist.
This sample is taken from ........packages of a ship-
ment of ............................ packages each bearing
the guarantee tag and inspection stamp required by law,
representing. ......... pounds delivered on tihe............
day of ................. .. 9 .1... and stated by the lpr-
chaser not to have been damaged by the weather.
The tags off the........ packages sampled are retained
by the purchaser: and the tags and the sample are marked
or num blered as follows : ............................ ..
WE, the witnesses of the drawing and sealing of the
above described sample, do hereby certify that the sample
has been drawn, sealed and delivered to Mr ............
one of the witnesses, for transmission to the Commissioner
of Agriculture, in compliance with the law.
.......... (SEAL). my address is.............. Florida.
............ (SEAL). my address is.............. Florida.
Yours truly.
The tags from the packages sampled shall be dated.
numbered or marked so as to identify them with the sample
signed by the witnesses and preserved by the purchaser.
One of the witnesses shall forward the sample and letter
of transmittal to the Commissioner of Agriculture, at the
expense of the purchaser us soon as practicable.
Upon receipt of the sample the State Chemist shall have
the said sample prepared and analyzed in accordance with
the methods of the Association of Official Agricultural
Chemists. A portion sufficient for a cheek analysis, of the
prepared sample, shall be placed in a bottle, sealed. iden-
tilled by the number, date and initials of the person pre-


paring the same. This sealed and identified sample shall
lie kept for ninety days from the date of the certificate of
analysis and shall then le destroyed, unless the State
Chemist has been notified by the person from whom the
sample was received or the manufacturer or jobber, that
the sample was deficient in the ingredients having a mini-
mum guarantee or excessive in the ingredients having a
maximum guarantee. in which case it shall be held sub-
ject to the order of the Comunissioner (of Agriculture and
State (hemist until final disposition of the case.
The State Chemist, upon completion of the analysis, shall
forward to the purchaser of the commercial fertilizer or
fertilizer material a certificate of analysis for each sample
analyzed. The cerltifcate of analysis shall set forth the
percentages of the ingredients required to be guaranteed
by Section 2398 of the Revised General Statutes of Florida.
the date of the certificate, the name and address of the
purchaser, the names andl addresses of the witnesses, the
number of packages and pounds in the lot. the (late of
delivery, the number of packages from which the sample
was drawn. the date of drawing, and the identifying num-
ber or mark on the sample, and shall he signed by the State
Chemist. The State Chemist shall also send to the per-
son from whom obtained. a certificate of analysis, for any
sample taken by any authorized officer or agent of the
Chemical Division of the Iepartment of Agriculture. when
such sample shall show a deficiency below the guarantee
of any valuable ingredient.
Any person receiving a certificate of analysis from the
State Chemist, showing adulteration of or deficiency in
any valuable ingredient of any fertilizer or fertilizer ma-
terial. purchased by said person, shall notify the State
Chemist and the manufacturer, jobber, or vendor from
whom he purchased the fertilizer within ninety days from
the date of the certificate of analysis, in order that the
retained portion of the sample may be held until final
disposition of the case.
Section 24(0. (1272) lWhen Party is Defrauded in
P'urrcaingiiq Frtilizcr.-Any person purchasing any ferti-
lizer or fertilizer material from any manufacturer or
vendor thereof who shall discover, upon an analysis made
by the State Chemist of a sample thereof drawn either by
an authorized inspector or as provided in the next preced-
ing section, that he has been defrauded by reason of adul-
teration or deficiency of constituent elements, either in
quality or quantity in the fertilizing materials so pur-
chased amounting to two-tenths of one per cent. (0.2) or
more in one or more elements of available plant food. shall
recover in any action he may institute, upon proof of the
fact, twice the amount paid to or demanded by the man-
ufacturer or vendor for the fertilizer or fertilizer material
so purchased. But in all cases where the vendor is an
agent for the manufacturer, or sub-agent, the judgment of
the court shall be rendered against the manufacturer. In
case any purchase be made of any manufacturer or agent
of any person or persons residing out of the S.ate of Flor-
ida, manufacturing, compounding or furnishing for sale,
any such commercial manure or manufactured fertilizer,
cotton seed meal, castor pomace, tobacco stems, tobacco
dust or tobacco meal, the purchaser thereof may, at his
option, proceed by attachment as now provided by law, in
case of non-resident and absconding debtors, against any
such property, rights or credits of any person or persons
selling, manufacturing, compounding or furnishing said
manure or fertilizer, when such property rights, or credits,
can be found within the limits of the State.
Any certificate of analysis required or provided for by
this Chapter, when verified by the affidavit of the person










8 Florida Review


making the analysis, shall be competent evidence in any
court of law or equity in this State.
Manufacturers or vendors shipping commercial fertilizer
or fertilizers to consumers in lots of one or more tons
shall notify the Commissioner of Agriculture thereof on
the date of such shipments, giving name and address of
consignee or consignees, car number and initials, and
quantity and brand or brands of fertilizer shipped.
In case a shipment of commercial fertilizer in lots of one
or more tons, includes more than one brand, or is con-
signed to different purchasers and delivered at destina-
tion in the same car, or by the same boat or vessel at the
same time, analysis of one sample taken according to law
and the rules and regulations concerning the same, rep-
resenting any one brand and guaranty, shall be considered
representative of and as applying to all the fertilizer of
that brand included in such shipment, and shall entitle
each purchaser of fertilizer of that brand contained in
such shipment to the remedies provided by this chapter
for adulteration of or deficiency in one or more plant food
elements.
Section 2407. (1273) Meaning of Commercial Fertilizer.-
The term commercial fertilizer as used in this Act, shall
be taken to mean all substances containing nitrogen, potash
or phosphoric acid; also cotton seed meal, castor pomace,
tobacco stems, tobacco dust or tobacco meal, sold, offered
or exposed for sale and ordinarily used for manurial pur-
poses, excepting barnyard or stable manure and crude cot-
ton seed.
Section 2408. (1274) Sale of Pulverized Leather, Hair or
Wool Waste.-No person shall sell or expose for sale in this
State any pulverized leather, hair or wool waste, raw,
steamed, roasted or in any form as a fertilizer or as an
ingredient of any fertilizer or manure without an explicit
printed certificate of the fact; said certificate shall be
conspicuously affixed to every package of fertilizer or
manure, to accompany or go with every parcel or lot of
the same.
Section 2409. (1275) State Chemist to Furnish Analysis
of Fertilizer.-The State Chemist, upon application, shall
furnish at any time to an applicant a full analysis of any
brand of fertilizer required. Said analysis shall set forth
the percentage of ammonia, potash, soluble in water, of
available and insoluble phosphoric acid, with the state-
ment of the commercial value of each ingredient, which
valuation shall be uniform and not above the real value
of such ingredient.
Section 2410. (1277) Commissioner of Agriculture to
Establish Rules, Etc.-The Commissioner of Agriculture
shall have the authority to establish such rules and reg-
ulations in regard to the inspection, analysis and sale of
fertilizers, chemicals and cotton seed meal not inconsistent
with the provisions of this Chapter, as in his judgment
will best carry out the requirements thereof.
Section 5708. (3723) Penalty for Failure to File Guar-
antee.-Any manufacturer, importer or agent who shall re-
fuse to give the information herein required (Section 2401,
Revised General Statutes, as amended), shall be fined five
hundred dollars for each offense.
Section 5709. (3724) False Analysis by State Chemist.-
If the State Chemist wilfully makes any false or untrue
analysis of any fertilizer or any materials thereof, he shall
be punished by fine not exceeding one thousand dollars,
and shall stand committed to the sheriff until such fine
is paid.
Section 5710. (3725) Manufacturers or Sellers Failing to
Pay Tax.--Every manufacturer. importer, agent or seller of


any commercial fertilizer, cotton seed meal, castor pomace,
tobacco stems, tobacco dust or tobacco meal, shall pay to
the State Treasurer a fee of twenty-five cents for each and
every ton offered for sale in this State. Provided, that
when the manufacturer or importer shall have paid the
fee herein required for any person acting as agent or seller
for any manufacturer or importer, such agent or seller
shall not be required to pay the fee named in this section;
and any manufacturer, importer or dealer who shall fail
to pay the tax provided in this section shall be fined one
hundred and fifty dollars for the first offense and two
hundred and fifty dollars for each subsequent offense.
Section 5711. (3720) Misrepresentation of Ingredients.-
Any manufacturer or dealer who shall misrepresent the
proportion of ammonia and the source thereof, phosphoric
acid and potash, or other ingredients contained in such
fertilizers, cotton seed meal, castor pomace, tobacco
stems, tobacco dust or tobacco meal, shall be fined five
hundred dollars for the first offense and one thousand
dollars for each subsequent offense.
Section 5712. (3727) Penalty for Sale Pulverized Leather.
Hair or Wool Waste.-For a failure to comply with the pro-
visions of this section (Section 2408 Revised General Stat-
utes), the seller shall be fined one hundred dollars for the
first offense and two hundred dollars for each subsequent
offense.


U. S. DEPARTMENT OF AGRICULTURE

Service and Regulatory Announcements No. 107
(Agricultural Economics)-Rules and Regulations
of the Secretary of Agriculture for the Enforce-
ment of the Produce Agency Act

(44 Stat. 1355)
By virtue of the authority vested in the Secretary of
Agriculture by "An Act to prevent the destruction or
dumping, without good and sufficient cause therefore, of
farm produce received in interstate commerce by commis-
sion merchants and others, and to require them truly and
correctly to account for all farm produce received by
them," approved March 3, 1927 (44 Stat. 1355), I, W. M.
Jardine, Secretary of Agriculture, do make, prescribe, pub-
lish, and give public notice of the following rules and reg-
ulations to be in force and effect until amended or super-
seded by rules and regulations hereafter made by the
Secretary of Agriculture under said Act.
In testimony whereof I have hereunto set my hand and
caused the official seal of the Department of Agriculture
to be affixed in the City of Washington this 17th day of
May, 1927. W. M. JARDINE,
(Seal) Secretary of Agriculture.

THE PRODUCE AGENCY ACT
(Approved March 3, 1927. 44 Stat. 1355)
AN ACT to Prevent the Destruction or Dumping, Without
Good and Sufficient Cause Therefor, of Farm Produce
Received in Interstate Commerce by Commission Mer-
chants and Others and to Require Them Truly and Cor-
rectly to Account for All Farm Produce Received by
Them.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That after June 30, 1927, any person, firm, association, or
corporation receiving any fruits, vegetables, melons, dairy,
or poultry products or any perishable farm products of any










Florida Review 9


kind or character, hereinafter referred to as produce, in in-
terstate commerce, or in the District of Columbia, for or
on behalf of another, who without good and sufficient cause
therefore, shall destroy, or abandon, discard as refuse or
dump any produce directly or indirectly, or through collu-
sion with any person, or who shall knowingly and with in-
tent to defraud make any false report or statement to the
person, firm, association, or corporation from whom any
produce was received, concerning the handling, condition,
quality, quantity, sale or disposition thereof, or who shall
knowingly and with intent to defraud fail truly and
correctly to account therefore, shall be guilty of a
misdemeanor and upon conviction shall be punished
by a fine of not less than $100 and not more than
$3,000, or by imprisonment for a period of not exceeding
one year, or both, at the discretion of the court. The Sec-
retary of Agriculture shall by regulation provide for the
making of prompt investigations and the issuing of cer-
tificates as to the quality and condition of produce received
in interstate commerce or in the District of Columbia, upon
application of any person, firm, association, or corporation
shipping, receiving, or financially interested in, such pro-
duce. Such regulations shall designate the classes of per-
sons qualified and authorized to make such investigations
and issue such certificates, except that any such investiga-
tion shall be made and any such certificate shall be issued
by at least two disinterested persons in any case where
such investigation is not made by an officer or employee of
the Department of Agriculture or of any State or political
subdivision thereof or of the District of Columbia. A cer-
tificate made in compliance with such regulations shall be
prima facie evidence in all Federal Courts of the truth of
the statements therein contained as to the quality and
condition of the produce; but if any such certificate is put
in evidence by any party, in any civil or criminal proceed-
ing, the opposite party shall be permitted to cross-examine
any person signing such certificate, called as a witness
at the instance of either party, as to his qualifications and
authority and as to the truth of the statements contained
in such certificate.
Sec. 2. The Secretary of Agriculture is hereby author-
ized and directed to enforce this Act. It is hereby made
the duty of all United States attorneys to prosecute cases
arising under this Act, subject to the supervision and con-
trol of the Department of Justice.
Sec. 3. The Secretary of Agriculture may make such
rules and regulations as he may deem advisable to carry
out the provisions of this Act and may cooperate with any
department or agency of the Government, any State, Ter-
ritory, District, or possession, or department, agency, or
political subdivision thereof, or any person; and may call
upon any Federal department, board, or commission for
assistance in carrying out the purposes of this Act. and
shall have the power to appoint, remove, and fix the com-
pensation of such officers and employes not in conflict
with existing law and make such expenditures for rent,
outside the District of Columbia, printing, telegrams, tele-
phones, books of reference, books of law, periodicals, news-
papers, furniture, stationery, office equipment, travel, and
other supplies and expenses as shall be deemed necessary
to the administration of this Act in the District of Co-
lumbia and elsewhere, and there is hereby authorized to
be appropriated, out of any moneys in the Treasury not
otherwise appropriated, the sum of $25,000 to be available
for expenditure during the fiscal year beginning July 1,
1927, and the appropriation of such additional sums as
may be necessary thereafter to carry out the purposes of


this Act is hereby authorized. This Act shall not abrogate
nor nullify any other statute, whether State or Federal,
dealing with the same subjects as this Act, but it is in-
tended that all such statutes shall remain in full force
and effect, except in so far only as they are inconsistent
herewith or repugnant hereto.
Sec. 4. If any provision of this Act is declared uncon-
stitutional or the applicability thereof to any person or
circumstance is held invalid, the validity of the remainder
of the Act and the applicability of such provisions to other
persons and circumstances shall not be affected thereby.
Approved, March 3, 1927.

Regulation 1.-Definitions
Section 1. Words used in these regulations in the sin-
gular form shall be deemed to import the plural, and vice
versa, as the case may demand.
Sec. 2. For the purpose of these regulations, unless the
context otherwise requires, the following terms shall be
construed, respectively, to mean:
Paragraph 1. The produce agency act, or the act.-An
act of Congress entitled, "An Act to prevent the destruc-
tion or dumping, without good and sufficient cause there-
for, of farm produce received in interstate commerce by
commission merchants and others, and to require them
truly and correctly to account for all farm produce re-
ceived by them," approved March 3, 1927 (44 Stat. 1355).
Paragraph 2. Person.-Individual, firm, association, or
corporation.
Paragraph 3. Secretary.-The Secretary of Agriculture
of the United States.
Paragraph 4. Chief of bureau.-The chief of the Bureau
of Agricultural Economics of the United States Depart-
ment of Agriculture.
Paragraph 5. Produce.-The term "produce" as used in
the act means fruits, vegetables, melons, dairy or poultry
products, or any perishable farm products of any kind or
character.
Paragraph 6. Good and sufficient cause.-This term
with respect to destroyed, abandoned, discarded, or dumped
produce, shall be deemed to mean that the produce so
dealt with had no commercial value, or that some other
legal justification for so dealing with such produce exist-
ed, such as an order of condemnation by a health officer
or definite authority from the shipper.
Regulation 2.-Administration
Section 1. The chief of bureau shall perform, for and
under the supervision of the Secretary, such duties as the
Secretary may require in enforcing the provisions of this
act and these rules and regulations.
Regulation 3.-Violations
Section 1. Any person receiving produce in interstate
commerce or in the District of Columbia for or on behalf
of another who, without good and sufficient cause therefore,
shall destroy or abandon, discard as refuse, or dump any
produce, directly or indirectly or through collusion with
any person, shall be considered to have violated the act.
Sec. 2. Any person receiving produce in interstate com-
merce or in the District of Columbia for or on behalf of
another shall be considered to have violated the act if
knowingly and with intent to defraud he makes any false
report or statement to the person from whom such produce
was received concerning the handling, condition, quality,
quantity, sale, or disposition thereof.
Sec. 3. Any person receiving produce in interstate com-
merce or in the District of Columbia for or on behalf of











10 Florida Review


another shall be considered to have violated the act if
knowingly and with intent to defraud he fails truly and
correctly to account to the person from whom such produce
was received for the actual price received for that specific
produce, and the actual expenses incurred and charges
made incident to the handling and disposition of the same,
unless a different basis of settlement is agreed upon be-
tween them.
Regulation 4.-Certificates of Inspection
Section 1. The following classes of persons are hereby
designated to make investigations regarding the quality
and conditions of produce received in interstate commerce
or in the District of Columbia, and to issue certificates as
to the quality and condition of such produce which is to
be destroyed, abandoned, discarded as refuse, or dumped,
upon application of any person shipping, receiving, or fi-
nancially interested in such produce:
(1) Any authorized inspector of the United States De-
partment of Agriculture under the farm products inspec-
tion law.
(2) Any health officer or food inspector of any State,
county, parish, city, or municipality.
Sec. 2. Any certificate under the act must identify the
particular lot of produce inspected, give the date upon
which the inspection was made, the approximate quality
of the produce, the name and address of the agent handling
the same, the fee, if any, charged therefore, and shall state
the quality and condition of such produce and that it was
without commercial value at the time of inspection.
Sec. 3. Application for an inspection under the act must
be made or confirmed in writing to the person requested
to make such inspection. The application must show the
name and address of the shipper, the name and address of
the applicant, the location and description of the produce,
with marks, brands, or other specific identification if prac-
ticable.
Sec. 4. Any person issuing a certificate under these
rules and regulations must mail a copy of the certificate
promptly to the chief of bureau. (See Regulation 1, sec.
2, par. 4.)
Regulation 5.-Filing of Complaints
Section 1. Any person having reason to believe that the
act has been violated should submit all available facts with
respect thereto to the chief of bureau for investigation and
appropriate action.

STATE FORESTRY LAW

AN ACT Providing for the Protection of Woodlands and
Forests in the State of Florida, and Matters Relating
Thereto; ratingg a Slate Board of Forestry, Prescrib-
ing Its Membership, Powers and Duties, Fixing the Com-
pensation for the Services of Its Members; Providing
for the Employment of a State Forester and Such Other
Assistants and Employees With Such Powers and on
Such Terms as Said Board May Deem Advisable; and
Appropriating Monies Out of the State Treasury for
Carrying Out the Provisions of This Act.

Be It Enacted by the Legislature of the Rtate of Florida:
Section 1. There is hereby created and established a
Board to be known as the "Florida Board of Forestry,"
which Board shall be composed of five members, to be
appointed by the Governor, for the term of years herein-
after stated; one member to be appointed for one year;
one member to be appointed for two years; one member
to be appointed for three years; two members to be ap-


pointed for four years, all of whom are to hold office for
the period set forth and until their successors have been
duly appointed and qualified. After the expiration of these
terms of office the Governor shall appoint their successors
for the period of four years. A majority of the members
of said Board shall constitute a quorum for all purposes
of said meeting. Before entering upon the discharge of
their duty as members of said Board, each member shall
be required to subscribe to the following oath of office:
"I do solemnly swear (or affirm) that I will support, pro-
tect and defend the Constitution and Government of the
United States and of the State of Florida; that I am duly
qualified to hold office under the Constitution of the
State, and that I will well and faithfully perform the duties
of member of the Florida Board of Forestry, on which I
am now about to enter. So help me, God." Each member
of said Board shall be required to give a good and suffi-
cient bond in the penal sum of $10,000.00 in some surety
company, authorized to do business in the State of Flor-
ida, payable to the Governor and his successor, and con-
ditioned for the due and faithful performance of his duties
as a member of the Florida Board of Forestry.
Sec. 2. The official headquarters of said Board shall be
in Tallahassee, but it may hold its meetings at other
places in the State of Florida as said Board may demand
by resolution, or as may be selected by a majority of the
members of the said Board in any call for a meeting.
The first meeting of the said Board shall be held at the
call of the Governor as soon after the appointments of its
members as may be practicable, and thereafter the annual
meeting of the said Board shall be held on the first Mon-
day in October of each year. Special meetings of said
Board may be called at any time by the President, or upon
the written request of a majority of the members. At the
first meeting of the said Board it shall elect from its
members a President, Vice-President and Secretary for a
term continuing to the first annual meeting of the said
Board and thereafter there shall be an election of officers
at each regular annual meeting of said Board.
Sec. 3. No member of the Florida Board of Forestry
shall receive any compensation for the services he may
render under the provisions of this Act, save and except
that the members of said Board shall receive their actual
expenses necessarily incurred in the discharge of their
duties as members of said Board, which shall not exceed
the sum of Three Hundred ($300.00) Dollars each in any
calendar year.
Sec. 4. It shall be the duty of the Florida Board of
Forestry under such terms as in the judgment of the
Board will best serve the public interest to assist and co-
operate with Federal and State Departments or Institutes,
County, Town, corporation or individual, to gather and
disseminate information in regard to forests, their care and
management, to prevent and extinguish forest fires, and
enforce all laws pertaining to forests and woodlands.
Sec. 5. The Florida Board of Forestry shall employ a
State Forester, who shall have been technically trained in
the profession of forestry, and, in addition, shall have had
at least two years" experience in practical and adminis-
trative work of that profession, the exact extent and char-
acter of which shall be certified by the Secretary of the
United States Department of Agriculture, or state admin-
istrative officer having personal knowledge thereof, whose
salary and actual expenses when traveling shall be paid
from the forestry fund hereinafter provided for, and whose
salary shall not be more than Five Thousand ($5,000.00)










Florida Review 11


Dollars per annum, and whose duties shall be to take such
action as is authorized by law and by the Florida Board
of Forestry to prevent and extinguish forest fires, and
enforce all laws pertaining to forests and woodlands, and
to cause prosecution for any violation of said laws, and
have charge and full authority of law with the immediate
direction and control of all matters relating to forestry as
authorized by this Act, or as may be otherwise authorized
by law, subject to the supervision and approval of the
Florida Board of Forestry, and said Board shall employ
such assistants, agents, clerks and employees on such
terms and conditions as said Board shall deem advisable.
Sec. 6. The sum of Twenty-five Thousand ($25,000.00)
Dollars is hereby appropriated from any funds in the State
Treasury, not otherwise appropriated, which said sum shall
be placed to the credit of the Florida Board of Forestry
in the hands of the State Treasurer and that Twelve
Thousand Five Hundred ($12,500.00) Dollars of said ap-
propriation or so much thereof, as shall be necessary, shall
be available on the First day of July. A. D. 1927, and
Twelve Thousand Five Hundred ($12,500.00) Dollars, or so
much thereof, as may be necessary, shall be available on
the first day of July, A. D. 1928; Provided, however, that
so much of said Twenty-five Thousand ($25,000.00) Dollars
as may be necessary shall be used in defraying the general
expenses of the Florida Board of Forestry, including the
salary of the Forester, assistants, agents and employees.
Sec. 7. Upon the presentation to the Comptroller of any
accounts duly approved by the Florida Board of Forestry,
accompanied by such itemized vouchers or accounts as
shall be required by him, the Comptroller be, and he is
hereby authorized and required to audit the same and draw
a warrant on the State Treasurer for the amount for
which the account is audited, payable out of the funds re-
ceived under the provisions of this Act, or otherwise, to
the credit of the Florida Board of Forestry.
Sec. 8. If any section or matter in this Act shall be held
to be unconstitutional or invalid it shall not affect the
validity of the remaining parts of this Act, and said un-
constitutional or invalid parts may be eliminated from
this Act, and the remaining portion or portions thereof
shall be and remain in full force and effect and be as valid
as if such invalid clause or section or matter had not been
incorporated herein.
Sec. 9. Provided, however, no contract or agreement
shall be entered into respecting grazing rights or privi-
leges for the use of any lands acquired under the provi-
sions of this Act, whether the same be acquired by gift
or otherwise and any such contract or agreement entered
into or attempted to be made or enforced shall be void
and of no effect, anything in this Act to the contrary not-
withstanding.
Sec. 10. That no land acquired under the provisions of
this Act, whether acquired by donation, lease, gift, con-
tract, purchase or in any other manner acquired, or con-
trol assumed under the provisions of this Act, shall be
exempt from taxation, state, county, municipal or district
and any and all purchases, contracts to purchase, leases
or contracts to lease, gifts or donations of land for for-
estry purposes which exempts, or partially exempts, such
lands so acquired or held in trust for forestry purposes
shall be null and void and of no effect, any provision in
this Act to the contrary notwithstanding.
Sec. 11. All laws and parts of laws in conflict with
the provisions of this Act are hereby repealed.
Approved June 6, 1927.


AGRICULTURAL ENUMERATION LAW

CHAPTER 10031 (No. 91.
AN ACT to Amend Sections 2514, 2515. 2516 of the Re-
vised General Statutes of Florida of 1920; Pertaining to
''The Enumeration of Agricultural. Horticultural. and
Live Stock. Manufacturing. Industrial and Other Statis-
tics; for the Appointment of countyy Enumerators, to )e-
tine Their Duties. Provide for Their Compensation and
to Define the Duties of the Boards of County Conmmis-
sioners in Connection Therewith."

Be It Enrtcld bli the Iciisxlatlur of lhe State of Floridl.:

Section 1. That Section 2514 of the Revised General
Statutes of tlhe State of Florida he and the same is hereby
amended to read as follows:
Section 2514. Dnttf!l of ('onty ('Connissioner'..-It shall
he the duly of the Board of countyy Commissioners of each
County in the State at any regular meeting after July
tirst of each quinquennial year, beginning with July, 1925.
to select and appoint some competent person to be known
as the County Enumerator. and immediately upon the ap-
pointmlent of such enumerator. said Board shall furnish
the commissionerr of Agriculture with his name and post
office address.
)Dtie of Enumc rators..-It shall be the duty of the County
Enumerator to call on all residents and the managers or
legal representatiives of all non-residents in their respective
counties, who are engaged in agriculture, horticulture and
live stock raising, and all persons. firms, companies, mining
and other industrial pursuits. for such necessary facts and
statistical information as the Commissioner of Agriculture
may require. and for filling out such blank forms as may
ie furnished him by the Commissioner of Agriculture for
the purpose herein stated.
Eni.,mrcttor to Sniublribe to an Oath.-Each Enumerator
shall, before entering upon his duties, subscribe to an oath
before the countyy Judge of his County that he will. to the
lest of his ability, perform well and faithfully the duties
of the office of County Enumerator: the original oath to be
filed with the Clerk of the Board of County Commissioners.
and at duplicate copy shall Ie filed with the Commissioner
of Agriculture.
Dcputlic..-The County Enumerator shall not appoint a
deluty or deputies to assist him except on condition that
tile deputy or deputies shall receive tie full remuneration
per name which the County Enumerator receives under tile
provisions of this Act. Any Enumerator who violates this
provision shall forfeit all chlims for renumeration and his
work shall lie rejected.
Sec. That Section 2515 he and the same is hereby
lamlended to read as follows:
7'T'erm a11 Dt1)ies of Enilmn 'tior'.Is.-The first ennmeration
under this Act shall lie for the fiscal year beginning July
1. 1926. nid every fifth year thereafter, and tie enumern-
tors shall begin their work as soon after the first day of
.tuly. 1927. as practicalle. and shall proceed to fill out all
such blank forms and lists as may Ie furnished by the
Commissioner of Agriculture. for the purpose, and they shall
complete said blank forms and lists in accordance with itn-
structions of the (Commissioner of Agriculture and return
them so completed in such proper form to the Boards of
County Comnnissioners of their respective counties not later
than the first day of Novenmber of the same year and each
fifth year thereafter, in lthe same manner. It shall be the
lduty of the Enumerator to attach his certificate, sworn to
before a proper officer authorized to administer oaths, that
such statistical report is full. true lind correct to the best
of his knowledge and belief.











12 Florida Review


Duties of County Commissioners.-It shall be the duty of
the Boards of County Commissioners at their first regular
meeting in November of each Fifth year, immediately upon
receipt of the completed report from the enumerator, to
carefully examine the several schedules of said report
furnished by the enumerators, and, if found correct, to
forward the same to the Commissioner of Agriculture, so as
to reach him not later than the fifteenth day of said Novem-
ber. The Boards of County Commissioners, as a body, or by
a majority of such Board sitting in session shall attach their
certificate to the report, stating they have examined the
same, are satisfied with it, and approve it.
Sec. 3. That Section 2516 be and the same is hereby
amended to read as follows:
Rate of Compensation and Manner of Payment.-Each
County Enumerator shall be paid thirty cents for each
person or resident of the County engaged in agriculture,
horticulture, and live stock raising, and thirty cents for
each manufacturing, mining or other industrial concern
listed or enumerated under the provisions of this Act: Pro-
vided, that no farmer shall be listed unless he has as mucli
as one acre of the crop enumerated; the said amount to be
paid out of the funds arising from the sale of fertilizer
stamps by the Commissioner of Agriculture, in the follow-
ing manner:
Each Enumerator shall make out his bill against the
State of Florida on a blank form supplied by the ('ommis-
sioner of Agriculture, and such bill shall be approved by
the Board of County Commissioners of his County, and
then he shall forward the same to the Commissioner of
Agriculture, who shall, if upon examination the said
Enumerator's report is found correct and satisfactory as re-
quired by this Act, approve said bill and deliver it to the
State Comptroller, who shall draw his warrant upon the
State Treasurer for the amount of said approved bill and
transmit the same to the said Enumerator.
Sec. 4. All laws and parts of laws in conflict with this
Act are hereby repealed.
Sec. 5. This Act shall take effect upon its becoming a
law.
Approved May 26, 1925.

FOREST FIRE LAW

AN ACT To Make it Unlawful to Set Fire to Any Wild
Forest, Woods, Land or Marshes by Other Than the
Owner of Such Lands and Prescribing Penalties for
Violations Hereof: and Providing Civil Liability for all
Damages Caused by Such Fires.

Re It Enacted by the Legislature of the State of Florida:

Section 1. That whoever sets fire to or burns any wild
forest, woods, lands or marshes in this State shall, upon
conviction thereof, be punished by fine not exceeding one
thousand dollars or by imprisonment in the County Jail not
exceeding one year, or by both fine and imprisonment in the
discretion of the Court. PROVIDED, That the provisions
of this Act shall not apply to owners or lessees burning over
their own lands where the fire is not allowed to spread over
the land of others.
Sec. 2. That whoever violates the provisions of this Act
by burning, or causing to be burned any wild forest, lands.
woods or marshes shall be liable for all damages caused.
which damages shall be recoverable in any court of com-
petent jurisdiction. That the civil liability for damages
shall obtain whether there be criminal prosecution and
conviction or not.
Sec. 3. That all laws and parts of laws in conflict with
the provisions hereof be and the same are hereby repealed.
Approved June 14. 1927.


INSTRUCTIONS TO AGRICULTURAL
ENUMERATORS

One of the obstacles to be overcome by enumerators, espe-
cially those who have never done this work before, is the
lack of interest on the part of the people visited in accom-
nmodating the enumerator. There seems to be an ever-pres-
ent suspicion that in some way the listing of one's crops.
livestock or manufactures will result in raising taxes. When-
ever necessary it is the duty of the enumerator to impress
upon the people interviewed that this report has been
issued by Florida for thirty years and never once has there
been anyone's name given illn these reports. It is not in-
tended to publish individual names with the statistics of
the holdings or products. We publish each county as a unit
and no one can tell who was included or how much was
given in by any one person. When a person will not talk.
ask some of his neighbors about his crops and make the best
estimate possible.
Put the name of the man or woman in space at the right
of the date.
What is a farm? For the purpose of this statistical
enumeration a farm is such land as is cultivated by a family.
Suppose a man or company owns 1,000 acres, has three
renters on it and operates part of it with hired labor. You
would have four farms to enumerate. The owner would re-
port for the part he cultivated by hired labor and each
tenant would report for the crops he cultivated and the live
stock, etc., which he owned. The owner or manager should
report all land not used by tenants, including timber land.
In case work stock is owned by landlord and used by
tenant the one using it should report it.
What is meant by double crop? When more than one
crop is gathered from the same acreage the same year, one
planted after the other is gathered or where one crop is
sown broadcast in the other. But where the two crops are
planted in alternate rows they should be listed as half the
number of acres listed credited to each crop.
What is cutover land? Lands that have been cut over
and not yet reforested to the point of having a new crop of
commercial timber.
What is an improved pasture? Pastures that are made by
plowing and seeding to other than wild grasses.
Is an automobile classed as farm machinery? No, but a
truck is.
What about less than an acre of crops? No fractional
parts of an acre have ever been in any of the Department's
reports, therefore no less than approximately an acre of
crops should be reported. But poultry, milk cows and hogs
should be reported regardless of the amount of land in-
volved. The man who grows only a garden for home use
is not to be enumerated, nor any of his garden truck.
How shall the value of fruit trees be estimated? By cal-
culating the added value to your farm of the groves planted
thereon. The trees are not listed by acres. This allows for
listing fruit trees regardless of whether there is an acre of
them.
In listing number of cows kept for milk this includes all
kinds-thoroughbreds and scrubs. When listing thorough-
breds by herds the milk cows should be specified separately
to keep from duplicating them.
Stock purchased means all purchased during the year be-
ginning July 1. 1926 and ending July 1. 1927. Sold living
means sold on foot. no matter to whom or for what purpose.
The difference between "hogs slaughtered" and "hogs
slaughtered for bacon" means sold for fresh meat or baconed
for home use or for future sale.
Be sure and see that your figures tally. A county was re-
ported which showed more trees in groves than it would
take to set out the entire acreage in farms as given in










Florida Review 13


that county's report. Such glaring inconsistencies show
lack of painstaking care in the preparation of the reports.
When we receive reports that show such glaring errors we
shall return the whole report as unusable and therefore not
to be paid for. All work must be recapitulated and then
totaled. In totaling the manufactures all items of a kind
must be collected in one line and not repeated several times.
You will see what is meant by comparing pages like
Escambia-page 44-with other pages which have no repe-
titions.
NATHAN MAYO,
Commissioner of Agriculture.

INSPECTION CERTIFICATE LAW

AN ACT to Make Admissible as Competent Evidence in
All Proceedings in the Courts of This State, Except
When Offered in Behalf of the State in Criminal Pros-
ecutions, Inspection Certificates Issued by Licensed In-
spectors of the Bureau of Agricultural Economics of the
United States Department of Agriculture Setting Forth
the Grade or the Quality or the Condition or the Size
or the Pack or the Method of Loading for Shipment of
Any Agricultural, Horticultural, or Citricultural Prod-
ucts; and Prescribing the Effect of Such Inspection Cer-
tificates When Offered in Evidence.

Be It Enacted by the Legislature of the State of Florida:

Section 1. That any inspection certificate issued by any
licensed inspector of the Bureau of Agricultural Econom-
ics, of the United States Department of Agriculture under
the Laws of the United States and/or the regulations of
the Secretary of Agriculture of the United States, show-
ing the grade and/or the quality and/or the condition
and/or the size and/or the pack and/or the method of
loading for shipment of any agricultural, horticultural or
citricultural products shall be received as competent evi-
dence in all proceedings in any of the Courts of this State,
except when offered in behalf of the State in Criminal
prosecutions.
Sec. 2. Every such certificate when offered in evidence
shall be prima facie evidence of the truth of all matters
and things set forth therein.
Sec. 3. This Act shall take effect immediately upon its
becoming a law.
Approved May 21, 1927.


INSTRUCTIONS WITH REFERENCE TO
SECURING STATE LANDS

United States Lands
1. Only United States Lands are subject to homestead
entry. For information about homestead lands, write the
United States Land Office at Gainesville, Fla. The State
of Florida has nothing whatever to do with homestead
lands.
2. Photolithographic Township maps can be purchased
of the Commissioner of the General Land Office, Washing-
ton. D. C., for 50 cents per Township.
States Lands
3. States Lands are granted by the U. S. Government to
State and are not reserved from sale for the benefit of any
applicant. An application not accompanied with the requir-
ed amount of purchase money does not give priority or se-
cure the land.
4. Parties should write before going to expense of exami-
ning land, to be sure it has not been sold.


5. Settlers or squatters are not allowed to go on State
Lands and it gives them no claim to the land.
6. We have no special information in this department
showing the character of the State Lands, or the amount and
kind of timber on them. Personal inspection is advised be-
fore purchasing.
7. The better way to make a satisfactory purchase of
any lands in this State would be to visit the State and go
to the locality in which you may be interested, and you can,
as a rule, secure information as to the character of the
land from the Clerk of the Circuit court t or the Tax Col-
lector or Tax Assessor of the County in which the land is
located.
8. The following reserving clauses are embraced in the
deeds issued for the State Lands, under Section 1226, Re-
vised General Statutes.
9. The right at any time to enter upon said lands and
make or caused to be made and constructed thereon such
canals, cuts. sluice ways, dikes and other works as may be
deemed necessary and needful for the reclamation of said
lands.
10. The right to the exclusive possession, occupation, use
and enjoyment of a strip of land running across any of the
State Lands. of one hundred and thirty feet on each side of
the center line of any canal, cut, sluice way or dike that
may be made and constructed on any of said lands.
11. An undivided three-fourths interest in and title to all
the phosphate, minerals and metals that are or may be in.
on or under any of the State Lands, with the'privilege and
right to mine and develop the same.
12. An undivided one-half interest in and title in and to
an undivided one-half interest in all the petroleum that is.
or may be in. on or under any of the State Lands, with the
privilege to mine and develop the same.
13. The Swamp and Overflowed Lands granted to the
State under Act of Congress approved September 28, 1850,
and the Internal Improvement Lands granted to the State
under Act of Congress approved September 4, 1841, are ir-
revocably vested in five Trustees. to-wit:
14. The Governor, who is chairman of the board, the
State Treasurer, the Attorney-General, the Comptroller and
the Commissioner of Agriculture, and their successors in
office, under Sections 173 and 1055, Revised General Statutes
of Florida.
15. The School Lands granted to the State under Act of
Congress of March 3. 1845. are vested in the State Board of
Education, consisting of the Governor, who is chairman of
the board, the Secretary of State. the Attorney-General, the
State Treasurer and the State Superintendent of Public In-
struction. under Sections 601, 602 and 3798, Revised General
Statutes of Florida.
16. Under Acts of the Legislature of 1909-1911-1913, no
sales of more than 320 acres of land can be made, without
first advertising the lands for thirty days in some newspaper
published in the County or Counties where the said lands to
be sold are situated, also such other papers as may be
deemed advisable.
17. Therefore, should anyone wish to purchase more than
320 acres, the lands desired would have to be advertised.
The land will not lie advertised unless the party desiring it
will deposit a Certified Check payable to the State Treasurer,
in the sum of 10% of the price he is willing to pay for the
said lands, as a guarantee that he will pay, not exceeding
$15.00 for expenses of advertising and will submit a bid for
the amount he is willing to pay, on the date bids for said
land are to be considered by the Board. Should another
party submit a higher bid and the land be awarded said
party, the certified check of the unsuccessful bidder will be
immediately returned, the successful bidder in that case










14 Florida Review


paying the cost of advertising. The Board, il all cases, re-
serves the right to reject any and all bids.
18. As stated, however, the above requirements apply
only to purchases of more than 320 acres.
19. A list of State lands in any special Townships will lie
sent to anyone who will write, stating the iumabr of acres
desired, the locally in which he desires the land aod fthe
riryi best price he ?rill give per arre.
20. There are no fixed prices no0w on State lands, and all
offers for State lands are presented to the Board controlling
the prices of the lands desired, and the applicant is advised
of their action thereon. The State Lands in the Everglades
have been selling at from $50.00 to $300.00 per acre; other
State lands from $15.00 to $1,000 per year. No State
lands of any value are sold for less than $15.00 per acre.
When prices are put on State lands, they are only for five
days acceptance.
21. The certificate of the Commissioner of Agriculture.
under his official seal. of the ownership of any lands in this
State, shall be prima facie evidence of the facts therein cer-
litied. See Section 2724. Revised General Statutes of Florida
and Chapter 7381. Acts 1917.
22. Under Act of the Legislature of 1913 I aml required
to turn over all moneys to the State Treasurer. and will have
to require all parties to remit, before sending out certifi-
cates or copies of field notes. I 'scal c(harie for certificate (of
small tracts conveyed by State or patented by the Inited
States to the State is $1.50. For large tracts, an additionall
fee is charged for the extra time it requires to examine
the records and compare the work.
23. The original field notes of the United States Surveys
of this State are in this office. The usual price of copies of
sale is 50 cents per section and $8.00 to $12.00 per town-
ship, which only pays for actual time taken up in making
copies.
24. All inquiries, offers and remittances for State Lands
should le made direct to Nathan Mayo. (Colnmissioner of
Agriculture, with checks or money orders payable to thle
State Treasurer.


LAW GOVERNING THE REGISTRATION OF
TRADE-MARKS

CIIAPTER V.

PROTECTION OF OWNERS OF STAMPED OR MARKED
BOTTLES OR BOXES.

3165. Derices to be filed in offices.-Any and all persons
and corporations engaged in manufacturing, bottling or sell-
ing soda waters, mineral or aerated waters, porter, ale, beer.
cider. ginger ale, milk, cream. snmll beer. lager beer, weiss
beer. white beer or other beverages or medicine, medicinal
preparations, perfumery, oils. compounds or mixtures, in
bottles, siphons. fountains, tils or kegs, with his, her, its or
their name or names, or other marks of devices branded.
stalled, engraved. etched, blown, impressed or otherwise
produced upon such bottles, siphons, fountains, tills or kegs,
or the boxes used by him. her, it or them, may file in the
office of the clerk of the county il which his, her, its or
their principal places of business is situated. or if such per-
son, persons( corporation or corporations, shall manufacture
or bottle out of this State, then in any county il this State,
and also ill the office of the Secretary of State, a descrip-
tion of thll'e nllle or names, llarks or devices so used by him.
her. it or them, respectively. anld cause such description to
he printed once(( il each week, for three weeks successively,
inl a newspaper r published ill the county in which said notice
may have been filed as aforesaid.


3166. I'resimlniptire ccidence of iunolafil use.-The use
by any other person than the person or persons, corporation
or corporations, whose device, name or mark shall be or
shall have been upon the same without such written consent
or purchase as aforesaid, of any such marked or distin-
guished bottle. box. siphon, fountain, til or keg. a descrip-
fion of the namen. mark or device, whereon shall have been
filed and published, as herein provided, for the sale therein
of soda waters. mineral or aerated waters, porter, ale, cider.
ginger ile. milk, cream, beer. small lieer. lager beer, weiss
beer. white beer. or other beverages, or any article of merch-
andise. medicines, medicinal preparations, perfumery, oils.
compounds, mixtures or preparations, or for the furnishing
of such similar beverages to customers; or the buying, sell-
ing. using, disposing of or traffiingl ill any such bottles.
boxes, siphons, fountains. tins or kegs by any person other
than said persons or corporations having a name, mark or
device thereon of such owner without such written consent.
or having by any jnk dear or delr o alers il second-hand
articles, possession of any such bottles, boxes, siphons, foun-
tains. tils or kegs. a description of the mark, names or
devices whereon shall have been so filed and published as
aforesaid, witllout such written consent slall, and is hereby
declared to be presulmptive evidence of the said unlawful
use. purcllllse and traffic in of such bottles. loxes, siphons.
fountains, tils or kegs.
3167. Search Warrunt.-Whenever any person, persons or
corporations mentioned in this chapter. or his, her, its or
their agent shall make oath before any justice of the peace
ill the district where the offense is committed that he, she
or it has reason to believe and does believe that any of his,
her. its or their bottles. boxes, siphons, fountains, tills or
kegs. a description of the names, marks or devices whereon
has been so filed and published as aforesaid, are being un-
lawfully used or filled or had by any persons or corporation
manufacturing or selling soda. mineral or aerated waters
porter, ile, eider. ginger aile. milk. creaml, small beer, lager
beer, weiss beer, white beer or other beverages or medicine.
medicinal preparation, perfumery, oils. compoullnds or mix-
tures. or that any junk dealer or dealers il second-hand
articles, vendor of bottles, or other person or corporation
has any such bottles, boxes, siphons, fountains, tins or kegs
ill his. her. or its possession or secreted ill any place, the
said justice of the peace must thereupon issue a search war-
rant to discover and obtain the saile. land shall also cause
to be brought before himi the person ill whose possession
such bottles, boxes. siphons, fountains, tils or kegs may be
found, and shall then inquire into tile circumstances of such
possession. and if such justice of the peace upon trial and
conviction had, finds that such person lias been guilty of a
violation of this chapIter, he must impose the punishment
herein prescribed and he shall also award possession of the
property taken upon such warrant to tlhe owner thereof:
Provided. That ill anlly counties where crinlilla courts of
record exist the said justice of the peace shall act only as
a committing magistrate as ill other cases il so far as try-
ing the offender and imposing the said punishment are con-
cerned.
3168. What is not sale of property.-The requiring, tak-
ing or accepting of any deposit. for anly purpose, upon any
bottle, box. siphon, fountain, tin or keg shall not be deemed
or constitute a sale of such property, either optional or
otherwise, in any proceedings under tills chapter.
3169. lUnlarwful to counterfeit trade mark.-Whenever any
person or lany association or union of working men has
heretofore adopted or used or shall hereafter adopt or use,
and has filed ias hereinafter provided any label, trade-mark,
terllm. wording,. design. device. color or form of advertisement
for the purpose of designating. making known or distin-
guishing any goods. wares, merchandise or other products









Florida Review 15


of labor ias having been made, manufactured, produced. pro-
pared, packed or put on sale by such person or association
or union of working men, or by a member or members of
such association or union, it shall be unlawful to counter-
feit or imitate such label, trade-mark, term. wording, de-
sign. device, color or form of advertisement or knowingly
to use, sell, offer for sale or in any other way. utter or cir-
culate any counterfeit or imitation of any such label, trade-
mark. term. wording, design. device. color or form of adver-
tisement.
3170. 'o file for record with. Secretary of Stale.-Every
such person, association or union that has heretofore
adopted or used. or shall hereafter adopt or use. a label.
trade-mark, term. wording, design. device, color or form of
advertisement as provided in the preceding Section may file
the same for record in the office of the Secretary of State,
by leaving two copies, counterparts or fac similes thereof.
with said secretary. and by filing therewith a sworn appli-
cation specifying the name or names of the person, associa-
tion or union on whose behalf such label, trade-mark, term,
wording. design. device, color or form of advertisement
shall be filed, the class of merchandise and a description of
the goods to which it has been or is intended to be appro-
priated, stating that the party so filing or on whose behalf
such label, trade-mark, term, wording, design. device. color
or form of advertisement shall be filed, has the right to
the use of the same, that no other person, firm, association.
union or corporation has the right to use either in the iden-
tical form in any such near resemblance thereto as may
he calculated to deceive. and that the fac simile or counter-
parts filed therewith are true and correct.
3171. Fee for filing.-There shall be paid for such filing
and recording a fee of two dollars. Said secretary shall
deliver to such persons. association or union so filing or
causing to be filed any such label, trade-mark, term. word-
Ing, design. device, color or form or advertisement so many
duly attested certificates of the recording of the same as
such person, association or union may apply for. for each
of which the secretary shall receive a fee of one dollar.
Any such certificate of record shall, in all suits and prose-
cutions hereunder. Ie sufficient proof of the adoption of
such label, trade-mark, term, wording, design, device, color
or form of advertisement. Said Secretary of State shall
not record for any person, union or association any label,
trade-mark, term. wording. design. device, color or form of
advertisement that would probably l e mistaken for any
label, trade-mark, term. wording, design, device, color or
form of advertisement heretofore filed Iy or on behalf of
any other person, union or association.
3172. (Courts to grant injunctions.-Every such person,
association or union adopting or using a label, trade-mark,
term, wording, design, device, color or form of advertise-
ment as aforesaid may proceed by suit to enjoin the manu-
facture, use, display or sale of any counterfeits or imitations
thereof, and all courts of competent jurisdiction shall grant
injunctions to restrain such manufacture. use. display or
sale. and may award the complainant in any such suit dam-
ages resulting from any such manufacture, use. sale or dis-
play, as may be by tile said court deemed just and reason-
able, and shall require the defendants to pay such person,
association or union all profit derived from such wrongful
manufacture, use, display, or sale; and such court shall
also order that all such counterfeits or imitations in the
possession or under the control of any defendant in such
cause be delivered to an officer of the court, or to the com-
plainants, to be destroyed.
3345. Unlaiwfil use of bottles, bo.es, etc., when label is
regfstered.-No person or persons, corporation or corpora-
tions shall fill with soda waters. mineral or aerated waters.


porter, ale, cider, ginger ale. milk, cream, beer, small beer,
lager beer. weiss beer. white beer or other beverages or
with medicine, medical preparations, perfumery, oils, com-
pounds or mixtures, any bottle, box. siphon, fountain, tin
or keg. which has been marked or distinguished under the
provisions of Section 3165 or deface, erase, obliterate, cover
up or otherwise remove or conceal any such name, mark or
device thereon, or to sell, buy. give. take or otherwise dis-
pose of. or wantonly destroy, or traffic in the same with-
out the written consent of. or unless the same shall have
beell purchased from the person or persons, corporation or
corporations. whose mark or device shall be or shall have
been in or upon the bottle, box. siphon fountain, tin or keg
so filled, trafticed il. used or handled as aforesaid. Any
person or persons or corporation or corporations, offending
against the provisions of this section shall be deemed guilty
of a misdemeanor, and shall be punished for the first offense
by imprisonment not less than ten days nor more than one
year, or by a fine of fifty cents for each and every such bot-
tle, box. siphon, fountain, til or keg, so filled, sold, used,
disposed of, bought or wantonly destroyed, or trafficed in,
or by both such fine and imprisonment, and for each subse-
quent offence by imprisonment not less than twenty days
nor more than one year. or by fine of not less than one
dollar nor more than five dollars for each and every bottle,
box. siphon. fountain, till or keg so filled, sold, used, dis-
posed of, bought or wantonly destroyed, or trafficed in, or
by both such fine and imprisonment.
3346. Presumptive evidence of unlawful use.-The use by
ainy other person than the person or persons, corporation or
corporations, whose device, name or mark shall be or shall
have been upon the same without such written consent or
purchase as aforesaid, of any such marked or distinguished
bottle. box. siphon, fountain, tin or keg, a description of the
name. mark. or device, whereon shall have been filed and
published, as herein provided, for the sale therein of soda
waters, mineral or aerated waters, porter, ale, cider, ginger
ale, milk, cream, beer, small beer, lager beer, weiss beer,
white beer, or other beverages, or any article of merchan-
dise, medicines, medical preparations, perfumery, oils, com-
pounds, mixtures or preparations, or for the furnishing of
such or similar beverages to customer, or the buying, sell-
ing. using, disposing of or trafficking in any such bottles,
boxes. siphons, fountains, tills or kegs. by any person other
than said persons or corporations having a name, mark or
device thereon of such owner without such written consent.
or the having by any junk dealer or dealers in second hand
articles possession of any such bottles, boxes, siphons, foun-
tains. tin or kegs, a description of the marks, names or de-
vices whereon shall have been so filed and published as
aforesaid, without such written consent, shall, and is hereby
declared to be presumptive evidence of the said unlawful
use, purchase and traffic in of such bottles, boxes, siphons,
fountains, tins or kegs.
3347. Counterfeiting or improperly using trade-marks.-
Whoever counterfeits or imitates any label, trade-mark,
term. wording, design, device, color or form of advertise-
ment; or knowingly sells, offers for sale, or in any way
utters or circulates any counterfeit or imitation of any
label, trade-mark, term, wording, design, device, color or
form of advertisement, which has been filed for record ac-
cording to law. or knowingly purchases and keeps or has
in his possession, with intent that the same shall be sold or
disposed of. aly goods, wares, merchandise or other product
of labor to which or on which any such counterfeit or imi-
tation is printed, painted, stamped or impressed; or know-
ingly purchases with intent to sell or dispose of any goods,
wares, merchandise or other product of labor contained in
lily box, case. (can or package. to which or on which any









lb Florida Review


such counterfeit or imitation is attached, affixed, printed,
painted, stamped or impressed, shall be punished by a fine
of not more than five hundred dollars, or by imprisonment
for not more than three months.
3361. (2481) Forging or counterfeiting private labels.-
Whoever knowingly and wilfully, forges or counterfeits or
causes or procures to be forged or counterfeited upon any
goods, wares or merchandise, the private label, stamps or
trade-mark of any mechanic or manufacturer, knowing the
same to be forged or counterfeited, without disclosing the
fact to the purchaser, shall be punished by imprisonment
not exceeding twelve months or by fine not exceeding one
hundred dollars.
3348. Using or displaying trade-mark.-Every person who
shall use or display the genuine label, trade-mark, term,
wording, design, device, color or form of advertisement of
any person, association or union, when legally filed for


record, in any manner, not being authorized so to do by
such person, union or association, shall be punished by im-
prisonment for not more than three months or by a fine of
not more than five hundred dollars.
3349. Procuring the filing of labels, etc., by fraudulent
representations.-Any person who shall, for himself or on
behalf of any other person, association or union procure the
filing of any label, trade-mark, term. wording, design, de-
vice, color or form of advertisement in the office of the
Secretary of State, by making any false or fraudulent repre-
sentations or declarations, verbally or in writing, or by any
fraudulent means, shall be liable to pay any damage sus-
.tained in consequence of such filing, to be recovered by or
on behalf of the party injured thereby, in any court Ihaling
jurisdiction, and shall be punished by a fine not exceeding
five hundred dollars, or by imprisonment not exceeding
three months.


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