CHAPTER LXXIV.

An Act to establish uniform weights per bushel of wheat, corn and other products of the State.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the following shall be the legal number of pounds per bushel: Wheat sixty pounds; corn, shelled fifty-six pounds, corn in the ear, shucked, seventy pounds; unshucked, in ear seventy two pounds; oats, thirty-two pounds; barley, forty-eight pounds; rye, fifty-six pounds; buck wheat forty-two pounds, white beans sixty pounds; Irish potatoes sixty pounds; sweet potatoes, fifty-five pounds; onions, fifty-seven pounds; turnips fifty-five pounds; dried apples twenty-eight pounds; dried peaches twenty-eight pounds; bran, twenty pounds; Hungarian grass seed, fortyeight pounds; hemp seed forty-four pounds; flax seed fifty six pounds: stone coal, eighty pounds; charcoal, twenty-two pounds; salt, fifty pounds; clover seed, sixty pounds, timothy seed forty-five pounds; cotton seed thirty-two pounds; millett seed, fifty pounds.

SEC. 2. All laws coming in conflict with this act, be and the same are hereby repealed.

Approved April 10, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXV.

An Act to prevent the adulteration of food. wines, beers, fermented or distilled liquors, and drugs.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That no person shall within this State manufacture, offer for sale, or sell any article of food, wines, beers, fermented or distilled liquors or drugs, which is by him known to be adulterated, within the meaning of this act. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars.

SEC. 2. The term food, as used in this act, shall include every article used for food or drink by man. The term drug, as used in this act, shall include all medicines for internal and external use.

SEC. 3. An article shall be deemed adulterated within the meaning of this act: (a) In the case of drugs

1. If, when sold, under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein.

2. If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other Pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work.

3. If its strength or purity fall below the professed standard under

which it is sold.

(b.) In the case of food or drinks:

1. If any substance or substances has or have been mixed with it so as to reduce or lower, or injuriously effect its quality or strength.

2. If any inferior or cheaper substance or substances have been substituted, wholly or in part, for the article.

3. If any valuable constituent of the article has been wholly or in part abstracted.

4. If it be an imitation of, or be sold under the name of another article.

5. If it consists, wholly or in part, of a diseased, or decomposed, or putrid, or rotten animal, or vegetable substance, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal. 6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value.

7. If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to the health of a person consuming it; provided, that the State Health Officer may, with the approval of the Governor, from time to time, declare certain articles or preparations to be exempt from the provisions of this act; and provided further, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food; provided, that the same are not injurious to health, and that the articles are distinctly labeled as a mixture, stating the components of the mixture.

SEC. 4. It shall be the duty of the State Health Officer to prepare and publish from time to time, lists of the articles, mixtures, or compounds declared to be exempt from the provisions of this act, in accordance with the preceding section. The State Health Officer shall also, from time to time, fix the limits of variability permissible in any article of food, or drug, or compound, the standard of which is not established by any national Pharmacopoeia.

SEC. 5. The State Health Officer shall take cognizance of the interests of the public health, as it relates to the sale of food and drugs, and the adulterations of the same, and make all necessary investigations and inquiries relating thereto. He shall also have the supervision of the appointment of public analysts and chemists, and upon his recommenda tion, whenever he shall deem any such officers incompetent, the appointment of any and every such officer shall be revoked, and be held to be void and of no effect. Within thirty days after the passage of this act the State Health Officer shall adopt such measures as may seem necessary to facilitate the enforcement of this act, and prepare rules and regula tions with regard to the proper method of collecting and examining articles of food or drugs, and for the appointment of the necessary inspectors and analysts, and the said Health Officer shall be authorized to expend an amount not exceeding two thousand dollars, for the purpose of carrying out the provisions of this act; and the sum of two thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the purpose in this section provided.

SEC. 6. Every person selling, or offering, or exposing any article of food or drug for sale, or delivering any article to purchasers, shall be required to serve or supply any public analyst or other agent of the State, or local health officer, appointed under this act, who shall apply to him for that purpose, and on tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this act, and which is in the possession of the person selling, under a penalty not exceeding fifty dollars for a first offense, and one hundred dollars for each subsequent offense.

SEC. 7. Any violations of the provisions of this act shall be treated and punished as a misdemeanor: and whoever shall impede, obstruct, hinder, or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty, shall be guilty of a misdemeanor, and shall be fined in any sum not less than fifty dollars, nor more than five hundred dollars.

SEC. 8. Any acts, or parts of acts inconsistent with the provisions of this act, are hereby repealed.

SEC. 9. All the regulations and declarations of the State Health Officer, made under this act, from time to time and promulgated, shall be printed for general distribution.

SEC. 10. The near approach of the end of the present session of the Legislature, rendering it improbable that this bill can pass through the regular course of legislation, creates an imperative necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended.

Approved April 10, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXVI.

An Act to amend Article 1059, Chapter 3, Title 15, of the Code of Criminal Procedure of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 1059 of the Code of Criminal Procedure of this State shall hereafter read as follows:

ARTICLE 1059. It shall be the duty of the Comptroller, upon the receipt of such claim, and said certified copy of the minutes of said court, to closely and carefully examine the same, and, if correct to draw his warrant on the State Treasurer for the amount due, and in favor of the officer entitled to the same; provided, that, if the appropriation for paying such accounts is exhausted, the Comptroller shall file the same away, if correct, and issue a certificate in the name of the officer entitled to the same, stating therein the amount of the claim and character of the services performed. And all such claims or accounts not transmitted to or placed on file in the office of Comptroller of Public Accounts, within twelve months from the date of the final disposition of the case in which the services were rendered, shall be forever barred; provided further, that the owners of the claims or accounts that have been barred by the provisions of this article, requiring the same to be transmitted to or placed on file in the office of the Comptroller of Public Accounts, in six months from the date of the final disposition of the case in which the services were rendered, shall have six months from and after the time this act shall take effect to present said claims; and all claims or accounts so presented shall be taken and considered by the Comptroller as claims presented with n the time allowed by law.

Approved April 11, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXVII.

An Act to establish a county brand for the several counties in this State, and to provide for the advertising of all estrays, branded with the courty brand, in the counties to which the county brand may belong.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the several counties in this State shall have a brand for horses and cattle, said brand to be known and designated as the "County Brand." SEC. 2. The county brand of each county in this State shall be as follows: