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toxicating malt liquors and shall have application exclusively to malt liquors containing less than two-per cent alcohol.

NEAR-BEER.

Manufacture and Sale of Substitute for Near-Beer Prohibited.

What Near-Beer Is.

4337. [Sec. 1, Act 211, 1914, p. 403.] It shall be unlawful to manufacture, sell, offer for sale, barter, exchange or give away as a beverage any malt non-intoxicating liquor, mixture or concoction as a substitute for Near-Beer, or any adulterated temperance beer, provided, however, that it shall be lawful to manufacture, sell, offer for sale, barter, exchange or give away as a beverage Near-Beer made from ingredients herein named and described in the proportion and manner as follows, to-wit: Sixty per cent of choice barley malt; thirty-five per cent of choice rice, five per cent of brewing sugars, one-third of a pound of choice hops per barrel of thirty-one gallons, brewed into a beverage; the period of fermentation to be not less than nine days, to be stored and aged at a temperature of 36 degrees Fahrenheit for at least three months, and what is known as the "finishing" process shall require at least one month's additional time before being offered for sale as a beverage; and shall contain not more than two per cent alcohol in volume or 1.59 per cent in weight; and in no case shall Near-Beer be produced or manufactured from any other ingredients than those above named or by any process other than the method of brewing as above set forth.

What Shall Be on Bottle of Near-Beer.

4338. [Sec. 2.] On every bottle containing Near-Beer there shall be printed the maximum quantity of alcohol in volume therein contained, and if an ordinary cork stopper or crown seal is used in or on the bottle, it shall be branded or stamped and bear the inscription "Near-Beer."

What Label Shall Be on Keg of Near-Beer.

4339. [Sec. 3.] On every keg containing Near-Beer there shall be labeled the quantity of alcohol in volume contained therein, and the keg labeled "Near-Beer."

Nothing But Near-Beer to be Sold Under Same Roof.

4340. [Sec. 4.] It shall be unlawful to sell, or offer for sale any other beverage of any nature, kind or description,

whether intoxicating or non-intoxicating, or any articles of merchandise under the same roof where Near-Beer is sold as a beverage.

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No Intoxicating Liquor to Be Stored Under Roof Where NearBeer Sold.

4341. [Sec. 5.] It shall be unlawful to keep or store for personal use or otherwise any intoxicating liquor under the same roof where Near-Beer is sold as a beverage.

Sign "Near-Beer."

4342. [Sec. 6.] In any place where Near-Beer is sold as a beverage, a sign shall be placed on the outside of the establishment, in a conspicuous place, easily discernible from the street and in plain view thereof, bearing the words "Near-Beer," the letters thereof to be uniform, at least one foot in height by one foot in width, with no other reading matter of any nature, kind or description thereon.

Penalty.

4343. [Sec. 7.] [Sec. 7.] Any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction in the District Court shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars, or imprisoned in the parish jail for not less than one month nor more than five months, or both, in the discretion of the court, and shall pay all costs of court, including the fee of the expert who may be appointed by the court for the purpose of analyzing the liquor brought into court as evidence, and in default of paying such costs, shall be confined in said parish jail for an additional thirty days, and shall upon a second conviction for the violation of any of the provisions of this Act, be deprived thereafter of engaging in the business of selling near-beer and this deprivation shall be declared by the court having jurisdiction to impose the penalties fixed by this Act.

Sale of What Stock Exempt From Auction Tax.

LIVE STOCK AND DOMESTIC ANIMALS.

4344. [Sec. 1, Act 160, 1914, p. 277.] In order to encourage the propagation of improved breeds of live stock in the State

of Louisiana, the Directors of the State Experiment Stations and all other State Institutions, are hereby empowered to authorize the sale at public auction of any varieties of live stock whose propagation in the State they may deem advantageous to its agricultural interests, and that such sales as are thus authorized shall be exempt from all the State duties or taxes imposed on other auction sales.

Who May Conduct Auction.

4345. [Sec. 2.] The Director of the Experiment Stations may authorize any suitable person or persons to conduct such sales of improved breeds of live stock for the purpose aforesaid, and that such person or persons authorized to conduct such sales shall be exempt from the requirements as to oath, bond, and from other regulations prescribed for licensed auctioneers.

Penalty for Importing Diseased Live Stock.

4346. [Act 281, 1908, p. 414.] Any person who brings into or imports into any parish of the State, any live stock, such as horses, mules or cattle knowing the same to be afflicted with any infectious or contagious disease at the time of said bringing in or importation, shall upon conviction thereof be fined not less than Fifty Dollars ($50.00) or more than One Hundred Dollars ($100.00) or imprisoned in the parish jail for not less than ten days nor more than thirty days or both at the discretion of the Court.

Local Tax for "Standing."

4347. [Sec. 1, Act 58, 1890, p. 48.] No person or association shall be permitted to stand any stud-horse, Jack, or bull in this State without having first obtained a license from the parish or municipal corporation in which said stud-horse, Jack, or bull shall stand, which license shall be equal in amount to the greatest sum charged for the services of the same; provided that no person or association or persons who shall stand any studhorse, Jack, or bull without having first obtained the license provided for in this section, shall be permitted to recover any amount for such service.

Privilege of Owner of Stud-horse, Jack or Bull.

4348. [Sec. 2.] Any person or association of persons who shall stand any stud-horse, Jack, or bull in compliance with the terms of this act, shall have a lien and privilege upon the

issue of said stud-horse, Jack, or bull for the period of one year, which lien and privilege shall prime all others.

Cities May Adopt Pound Ordinances.

4349. [Act 60, 1904, p. 141.] All cities in this State with a population over two thousand (2,000) are here vested with police power and authority to regulate, restrict and prohibit by proper ordinance the running at large within the corporate limits of all kinds of stock, (cattle, horses, mules, goats, sheep, swine, geese, etc.); to establish impounding pens and yards and employ pound keepers, to fix impounding fees and charges and to provide for the sale or disposition of impounded animals or stock.

Coreil vs. Welsh, 120 La. 557.

Empounding stock at large on levees, see under Levees, 4195, p. 1471.

Grazing.

NEAT CATTLE AND HOGS.

4350. [R. S. 2474.] No neat cattle and hogs shall be brought within the limits of this State for the purpose of grazing or herding the same, unless such cattle or hogs are owned by some person or persons who are citizens of or residents in the State, or who are the owners or cultivators of a plantation or farm within the State; and all such neat cattle and hogs that may hereafter be brought into this State in violation of the provisions of this act, shall be forfeited to the parish in which the same may be kept for the purpose of grazing or herding.

Penalty.

4351. [R. S. 2475.] Any neat cattle and hogs that are now kept within the limits of this State for the purpose of grazing or herding, and that are not owned by any citizens or residents of this State, or who are the owners or cultivators of a plantation or farm within the State, shall be forfeited to the parish in which they may be kept, unless the same shall be removed from the State or sold to some person or persons who are citizens of or residents of the State, or who are the owners and cultivators of a plantation or farm within the State, within the period of six months from the promulgation of this act.

Duty of District Attorney.

4352. [R. S. 2476.] The district attorney of each judicial district, or the district attorney pro tempore of any parish, shall, upon being informed by affidavit or otherwise of any violation of

this act, proceed by information and other legal proceedings, to have the forfeiture of such neat cattle determined, and for which the district attorney shall be entitled to one-fourth of the said forfeiture.

LIVE STOCK SANITARY BOARD.

Composition of Board.

4353. [Sec. 1, Act 274, 1908, p. 401.] A State Live Stock Sanitary Board is hereby established to consist of the Commissioner of Agriculture and Immigration, who shall be ex-officio chairman of the same; the Professor of Veterinary Medicine at the Louisiana State University and Agricultural and Mechanical College; the Entomologist of the Louisiana State Experiment Stations; and in addition to these, two other members, who shall be appointed by the Governor and who are financially interested in the breeding and maintenance of live stock in the State of Louisiana. Each member of said board shall be a qualified elector of the State of Louisiana, and shall serve for four years or until their successors have been duly appointed and qualified.

Meetings.

4354. [Sec. 2.] The official headquarters of said board shall be in the City of Baton Rouge, but it may hold its meetings at such times and places as four of the members may select and conditions demand. Three members shall constitute a quorum for the transaction of business. A meeting of the board may be called by the secretary upon the written request of two members. No member of the said Live Stock Sanitary Board shall receive any compensation for any services he may render, either as a member of said board or to said board, under the provisions of this Act, save and except that the members of said board shall receive their actual expenses necessarily paid or incurred in the discharge of their duties as members of said board.

Secretary.

4355. [Sec. 3.] This board shall elect from outside their number a secretary, who shall be a graduate of some regularly organized and recognized veterinary college, who shall be the executive officer of said board, and who shall receive such compensation as said board may determine, provided same does not exceed the sum of twenty-four hundred dollars per annum. His term of office shall be one year, and he shall hold his office until his successor is elected and qualified.

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