HERBERT R. O'CONOR, GOVERNOR. 1341

denatured, processed, destroyed, relabled, or otherwise dis-
posed of in compliance with the laws of this State, but in no
instance shall such disposition of said seed be ordered by the
court without first having given the claimant an opportunity
to apply to the court for the release of said seed or permission
to process or relabel it to bring it into compliance with this
sub-title.

136. (Violations and Prosecutions. ) Every violation of
the provisions of this sub-title shall be deemed a misdemeanor
punishable by a fine not exceeding one hundred dollars
($100. 00) for the first offense and not exceeding two hundred
and fifty dollars ($250. 00) for each subsequent similar offense.
When the authorized agent of the State Board of Agriculture
shall find that any person has violated any of the provisions
of this sub-title, he may institute proceedings in the court of
competent jurisdiction in the area in which the violation oc-
curred, to have such person convicted thereof; or the author-
ized agent of the said Board may file with the Attorney Gen-
eral of the State with the view of prosecution such evidence
as may be deemed necessary; provided, however, that no
prosecution under this sub-title shall be instituted without
first having given the defendant an opportunity to appear be-
fore the authorized agent of the said Board to introduce evi-
dence either in person or by agent or attorney at a private
hearing. If, after such hearing, or without such hearing in
case the defendant or his agent or attorney fails or refuses to
appear, the authorized agent of the said Board is of the
opinion that the evidence warrants prosecution, he shall pro-
ceed as herein provided.

It shall be the duty of the State's Attorney of the County
in which the violation occurred or of the Attorney General of
the State, as the case may be, to institute proceedings at once
against the person charged with such violation, if, in his judg-
ment, the information warrants such action.

After judgment by the court in any case arising under this
sub-title, the authorized agent of the said Board shall publish
any information pertinent to the issuance of the judgment by
the court in such media as he may designate from time to time.

SEC. 2. And be it further enacted, That, if any provision or
section of this Act shall be held to be invalid, such invalidity
shall not affect the other provision or sections thereof.

SEC. 3. And be It further enacted, That this Act shall take
effect January 1st, 1942.

Approved May 29, 1941.