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trol and eradication, two-thirds of the appraised value of all cattle that may, in the future, be condemned for tuberculosis by a veterinarian commissioned by the state live stock sanitary board or a veterinarian of the U. S. bureau of animal industry, working in co-operation with the state live stock sanitary board, and the various counties, and all cattle which may, in the future, be condemned for tuberculosis shall be appraised in a manner prescribed by the Mississippi live stock sanitary board, and the maximum appraisal for each grade animal so condemned shall be $25.00 and each registered animal so condemned, $60.00.

Test of cattle-disposition of condemned animals.

Sec. 5. Cattle which react to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and branded with the letter "T" on the left jaw, and be disposed of as directed by the live stock sanitary board. Should there be any revenue derived from cattle condemned under this act, such moneys if they exceed the amount allowed the residue shall be paid to the owner.

Penalty for violations of this act.

Sec. 6. That any person, firm or corporation violating any of the provisions of this act, or any of the rules and regulations of the live stock sanitary board, relative to the control and eradication of tuberculosis, made and promulgated under this act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00) or imprisonment in the county jail not to exceed six months, or both, at the discretion of the court.

Sec. 7. Provided, that this act shall not apply to beef cattle until January 1, 1921, except consent of the owner.

Sec. 8. That this act take effect and be in force from and after its passage.

Approved March 28, 1918.

CHAPTER 216.

SENATE BILL NO. 166.

AN ACT for the protection and conservation of fish, crabs, oysters, and shrimp taken from the waters contiguous to the Mississippi coast, by providing the conditions under which said fish, crabs, oysters, and shrimp may be taken and bought and sold, providing a closed season for roe mullet, making it unlawful to have in possession fish, crabs, and oysters of certain sizes at any time, providing penalties for the violation of the provisions hereof and providing for the enforcement of this act by the board of oyster commissioners of the state of Mississippi.

Protection of oysters, crabs, shrimp and roe mullet.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi: Possession of small oysters unlawful. It shall be unlawful for any person to buy or sell or have in possession for the purpose of sale, oysters measuring less than two and one-half inches from hinge to mouth and less than two inches wide.

Sec. 2. Unlawful to take, catch or have in possession small crabs and female crabs at certain seasons. It shall be unlawful for any person to take, catch, buy, sell or have in possession, hard crabs measuring less than four inches from tip to tip, nor shall any person take, catch, or have in possession during the months of June, July and August of any year, an egg bearing female crab known as spawn crab, sponge crab, blooming female crab or mother crab or such female crab from which the egg pouch or bunion have been removed.

Sec. 3. Closed season for roe mullet. It shall be unlawful for any person to take, catch, buy or sell, or have in possession, mullet known as "roe mullet," during the months of September, October, and November of any year, except for local consumption.

Sec. 4. Limitation on amount of shrimp to be taken, bought or sold at certain times. It shall be unlawful for any person to take. catch, buy or sell, or have in possession shrimp in greater quanti ties than one-half barrel, during the months of January, June, July and December of any year.

Sec. 5. Penalties for violation. - Any person violating the provisions of section 1, of this act shall be guilty of a misdemeanor and on conviction, shall be fined in any sum not less than ten, nor more than one hundred dollars. All fines collected for the violation of the provisions of this act shall be on the first day of April and October, in each year, paid over to the state treasurer by the person collecting the same, and shall be by the treasurer paid into the oyster fund; and such person collecting such fines shall, on said date, report in writing under oath to the secretary of the oys ter commission, all such fines collected during the six months preceding such report.

Sec. 6. Enforcement. It shall be the duty of the board of oyster commissioners to enforce the provisions of this act, and any member of the board of oyster commissioners and all inspectors in its employ shall have authority, with or without warrant, to arrest any person violating the provisions hereof.

STATE OF MISSISSIPPI

Chapter 102 code 1906, not repealed.

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Sec. 7. This act shall not be held or construed to repeal any of the provisions of chapter 102 of the Mississippi code of 1906 and amendments thereto, but is a supplemental act thereto.

Sec. 8. That this act take effect and be in force from and after its passage.

Approved March 28, 1918.

CHAPTER 217.

SENATE BILL No. 388.

AN ACT requiring any person entering into a formal contract with this state, any county thereof, municipality therein, or any political subdivision whatsoever therein, for the construction of any building or work or the doing of repairs to execute bonds with sureties, with the obligation that contractor shall pay labor and those furnishing materials therein; providing that any person so furnishing labor or materials and not having been paid, shall have the rights to intervene and be made a party to an action by the obligee for adjudication; providing affidavits that labor and material have been supplied; providing that time of beginning suit and the manner of proceeding; providing that the surety on said bond may pay into court the amount of liability for distribution, and for other purposes.

Contracts for public work-bond must be given for pay of labor and materials.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That any person entering into a formal contract with this state, any county thereof, municipality therein, or any political subdivision whatsoever therein, for the construction of any building or work or the doing of repairs, shall be required before commencing same to execute the usual bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying labor or material therefor; and any person who has furnished labor or materials used therein and wherefor payment has not been made, shall have the right to intervene and be made à party to any action instituted on such bond, and to have their rights adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the obligee. If the full amount of the liability of the surety thereof is insufficient to pay the full amount of said claims and demands; then, after paying the full amount due the obligee, the remainder shall be distributed pro rata among said interventors. The bond herein provided for may be made by any surety company authorized to do business in the state of Mississippi.

Suits on contract and bond-rights of parties.

Sec. 2. If no suit should be brought by the obligee within six months from the completion and final settlement of said contract,

then any person supplying therein labor or materials shall, upon application and furnishing affidavit to the obligee that such labor or materials have been supplied and payment not been made, be furnished with a certified copy of said contract and bond upon which he shall have a right of action for his use and benefit against said contractors and the sureties thereon and to prosecute the same to final judgment and execution.

When suit may be brought.

Sec. 3. When suit is instituted by any of such persons on a bond, it shall not be commenced until after the complete performance of said contract, and final settlement thereof, and shall be commenced within one year after the performance and final settlement of said contract and not later; provided that if the contractor quits or abandons the contract before its completion suit may be instituted by any such person on said bond and shall be commenced within one year after such abandonment and not later. But said time for the institution of said section shall not begin to run until the obligee shall have made said final settlement or de termined said abandonment and published notice thereof in some newspapers published in said county, or if there be none then in some newspaper having a general circulation therein.

Parties to suit-only one action to be brought.

Sec. 4. When suit is so instituted by any person only one section shall be brought and any person entitled to sue may upon application intervene and may be made a party to said suit however such intervention must occur within the time limited for such person to bring an original action.

Judgment pro rata, if bond insufficient.

Sec. 5. If the recovery on the bond should be inadequate to pay the full amount found due, judgment shall be given after the obligee is fully satisfied to each person pro rata of the amount of the recovery. The sureties on said bond may pay into court for distribution the full amount of their liability less any amount which may have been paid to the obligee by reason of the execution of said bond and upon so doing the surety will be relieved from further liability.

Notice of suit-publication.

Sec. 6. In all suits instituted under the provisions of this act, notice of the pendency of such suits shall be made by publication in some newspaper of general circulation published in the county or town where the contract is being performed, if there be such paper; otherwise, in a paper having a general circulation therein, for at least three weeks, the last publication to be at least one week before the trial of said cause. In all suits instituted under

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STATE OF MISSISSIPPI the provisions of this act the parties interested shall be summoned as provided by section 3064 of the code of 1906.

Sec. 7. That this act take effect and be in force from and after its passage.

Approved March 28, 1918.

CHAPTER 218.

SENATE BILL No. 370.

AN ACT giving authority for the planting and cultivation of oysters on oyster beds or bottoms on which oysters are growing, which have been planted and cultivated under pre-existing laws, and providing the conditions under which said beds or bottoms may be cultivated.

Oyster beds planted under pre-existing laws-rights of cultivation.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, When any person has heretofore planted and cultivated oysters under authority of pre-existing laws on the bed or. bottom of any of the waters of the Mississippi sound or any arm thereof and now have existing oyster beds on the bottom of such water, such person may continue the cultivation and planting of oysters on said beds for a further period of ten years on compliance with the provisions of this act.

How right may be secured.

Sec. 2. Any person desiring to use the beds or bottoms herein mentioned which beds do not lie within the limit as set out in chapter 128, laws of 1908, shall file a petition with the board of oyster commissioners, making application for authority to use the said beds or bottoms, which petition shall contain a description of the beds or bottoms proposed to be so used, the authority under which the said beds or bottoms were planted and cultivated, the names of the persons cultivating the same, and the time during which said beds or bottoms have been cultivated and which petition shall be accompanied by a survey of said beds or bottoms made by a qualified surveyor. On the filing of said petition the board of oyster commissioners shall consider same and if the said board be of the opinion that said beds or bottoms have been planted and cultivated and used by the petitioner and that such beds have been planted and cultivated under pre-existing laws, the said commis. sion shall enter an order on its minutes giving authority to petitioner to use and cultivate said beds for a period of not exceeding five years from the date of said order.