EMERSON C. HARRINGTON, GOVERNOR. 1629

such sample is of seed purchased or sold, and the report fur-
nished by said laboratory is to be used in connection with a
court prosecution, then such sample shall be drawn at the time

of delivery of the seed to the buyer, and drawn in the presence
of, and under conditions satisfactory to, both the seller and the
buyer or their representatives, and a third person; and such
sample shall be mixed as thoroughly as possible and divided
into three parts, one to be sent to the State Seed Laboratory for
analysis, and the remaining two parts to be held, one each by
the buyer and seller, to be available for all in the event of dis-
pute as to the analysis.

110. Whoever offers or exposes for sale within this State any

agricultural seed, defined in Section 99 of this Act without com-
plying with the requirements of Sections 100 and 101 of this
Act, or whoever falsely marks or labels any agricultural seeds
Tinder Section 100 of this Act, or "mixtures" under Section
101 of this Act, or whoever shall prevent the duly authorized
officer or agent from inspecting said seeds and collecting sam-
ples as provided in Section 106 of this Act, shall be guilty of a
misdemeanor, and upon conviction shall be fined not more than
one hundred dollars. Provided, however, that no prosecution
for violation of this Act shall be instituted except in the manner
following: When the duly authorized officer believes, or has
reason to believe, that any person has violated any of the pro-
visions of Sections 100, 101 and 109 of this Act, he shall cause
notice of such fact, together with full specifications of the Act
or omission constituting the violation, to be given to said per-
son, who either in person or by agent or attorney, shall have
the right under such reasonable rules and regulations as may
be prescribed by the duly authorized officer to appear before
said officer and introduce evidence, and said hearing shall be
private. If, after said hearing, or without such hearing in case
said person fails or refuses to appear, said seed officer shall
decide and decree that any or all of said specifications have
been proven to his satisfaction, he may in his discretion so cer-
tify to the proper prosecuting attorney and request him to
prosecute said person according to law for violation of this
Act. transmitting with said certificate a copy of the specifica-
tions and such other evidence as he shall deem necessary and
proper, whereupon said prosecuting attorney shall prosecute
said person according to the law.

111. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.