shall be punished by a fine of not to exceed two thousand dollars, or by imprisonment in the penitentiary for a term not to exceed twenty years, or by both such fine and imprisonment. [L. '13, p. 137, § 85.]

(Sections 22, 23, 40, 42, 58 and 63, above referred to, are nos. 286, 287, 292-M, 292-0, 292-EE and 292-KK, respectively.)

292-HHH. Misdemeanor.

SEC. 28hhh. When no other punishment is provided herein, any person wilfully or knowingly violating any of the provisions of this Act that shall tend to deceive or injure any person shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not to exceed three hundred dollars, or by imprisonment in the County Jail for not more than ninety days, or by both such fine and imprisonment. [L. '13, p. 137, § 86.] 292-JJJ. Repealing clause.

SEC. 28jjj. Except insofar as by this Act re-enacted, Sections 265 to 292, both inclusive, and Sections 315 to 352, both inclusive, of the Revised Statutes of Colorado, 1908, are hereby repealed. Provided, that such repeal shall not abate or affect any suit, action or proceeding, civil or criminal, commenced under any of the laws so repealed prior to the taking effect of this Act, but all such suits, actions or proceedings may be prosecuted to final determination under the laws so repealed; and Provided further, that such repeal shall not affect, deny, abridge, divest or impair any right or cause of action, civil or criminal, accruing or arising under the laws hereby repealed, but such right or cause of action so accruing or arising shall be brought and prosecuted to final determination under the laws so repealed. [L. 13, p. 137, § 87.]

292-KKK. Saving clause.

SEC. 28kkk. If any section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. The Legislature hereby declares that it would have passed this Act, and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. [L. '13, p. 138, § 88.]

312. (Repealed.)

[L. '13, p. 612, § 6.]

314-A. Bank commissioner supervise trust companies.

SEC. 51. The State Bank Commissioner shall have and exercise in relation to every trust company doing business in this State but not doing a banking business, each and all of the powers possessed by him in regard to banks; provided, however, that noth

ing herein shall be construed to relieve from the terms of Chapter CXI of the Session Laws of 1907 (being Sections 315 to 352 inclusive of the Revised Statutes of 1908), or from the terms of such other laws as may be or become enacted concerning banks, any trust company which does a banking business as defined in said chapter. [L. '13, p. 610, § 1.]

314-B. First examination-Certificate of authority-FeeCapital stock paid in.

SEC 52. Whenever any non-banking trust company has been examined for the first time by the State Bank Commissioner, it shall immediately procure from him a certificate of authority, showing that said company has complied with the statutes concerning trust companies and that its capital has been paid in as required by law, naming the amount thereof; for which certificate said company shall pay to said Bank Commissioner a fee of ten dollars ($10.00). Any trust company which has not heretofore paid in its capital stock in full shall pay the same in on or before the 31st day of December, A. D. 1913, and hereafter no trust company shall be allowed to file its articles of incorporation until its entire capital stock shall have been paid in as hereinafter provided in Section 5. [L. '13, p. 610, § 2.]

314-C. Failure to procure certificate-Penalty.

SEC. 53. All officers and directors or trustees of any nonbanking trust company which fails, neglects or refuses to procure a certificate of authority as required by Section 2 hereof, or which willfully hinders, delays or embarrasses any examination at any time made or attempted to be made by the State Bank Commissioner or his deputy in pursuance of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed one year, or both such fine and imprisonment. Each day of failure, neglect or refusal to procure a certificate of authority as provided in Section 2 shall be deemed a separate offense hereunder. [L. '13, p. 611, § 3.]

314-D. "Trust Company" or "Trust" not used without authority-Penalty.

SEC. 54. From and after the taking effect of this act, it shall be unlawful for any individual, co-partnership or corporation to carry on or conduct in this State a trust company business or to advertise or hold himself or itself out as being engaged in or doing a trust company business, or to use in connection with his or its business the words "Trust Company" or words of similar import without first having complied with all the provisions of law relating to trust companies; nor shall the word "Trust" be used as a part of the name of any business or institution unless organized and qualified under the statutes providing for the organization and

supervision of trust companies. Any person, and all members of any co-partnership, and all officers and directors, or trustees, of any corporation, violating this section shall be deemed guilty of a misdemeanor and subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed one year, or both such fine and imprisonment. [L. '13, p. 611, § 4.]

314-E. Capital stock-Amount-Sworn statement.

SEC. 55. No company shall hereafter be incorporated for any of the purposes enumerated in this act, or possess the rights and franchises hereby granted, unless it shall have paid in capital stock of two hundred and fifty thousand dollars ($250,000.00) when located in a city or town having a population of one hundred and fifty thousand or more, one hundred thousand dollars ($100,000.00) when located in a city or town having a population less than one hundred and fifty thousand and more than fifty thousand, and fifty thousand dollars ($50,000.00) when located in a city or town having a population less than fifty thousand; and before proceeding to operate under this act a sworn statement signed and sworn to by the President and Secretary shall be filed with the Secretary of State to the effect that such capital has been paid up in cash, and all the provisions of this act complied with, and the same be fully paid in. [L. '13, p. 611, § 5.]

370-A. State entomologist to inspect-Deputies.

SEC. 12a. The State Entomologist is hereby authorized to conduct a division of apiary investigation and of inspection of bee diseases directly or through a deputy, who is experienced in apiculture, the investigation to cover the introduction of nectar producing plants, the agencies influencing the secretion of nectar in plants, and such other objects as may advance bee culture in Colorado. The inspection shall extend to all parts of the State where bees are kept, for the prevention, eradication or control of bee diseases. [L. '13, p. 24, § 1.]

370-B. County agricultural inspectors.

SEC. 12b. The persons employed under this act, aside from the State Entomologist and his deputy in charge of apiculture, shall be the County Apicultural Inspectors, whose duties it shall be to carry out the provisions of this act, Assistant Apicultural Inspectors working under the general direction of the County Apicultural Inspectors, when necessary, and engaged by the Apicultural Inspectors, with the consent of the County Commissioners; and helpers who shall be common laborers employed to aid in carrying out the provisions of this act. [L. '13, p. 25, § 2.]

370-C. County commissioners appoint-State entomologist examine.

SEC. 12c. The County Commissioners of any county, when petitioned by not less than fifteen bee keepers of their county to appoint an Apicultural Inspector, shall make such appointment as soon as possible.

It shall be the duty of the State Entomologist to examine all persons appointed by the County Commissioners as Apicultural Inspectors, and if found competent and fully qualified to perform the duties of the office he shall issue to such applicant a license as a County Apicultural Inspector; which license shall certify to the competency of such applicant and shall authorize him to act as County Apicultural Inspector for a period of one year or until his successor has qualified. [L. '13, p. 25, § 3.]

370-D. Notify entomologist of foul brood.

SEC. 12d. Every bee keeper or other person who shall be aware of the existence of foul brood, or any other infectious or contagious disease of bees, either in his own apiary or elsewhere in the State, shall immediately notify the State Entomologist, his deputy or the County Apicultural Inspector of the existence of such diseases. [L. '13, p. 25, § 4.]

370-E. Examination-Instructions for treating.

SEC. 12e. The State Entomologist, his deputy in charge of apiculture, or the County Apicultural Inspector, shall, when notified in writing by the owner of an apiary or any bee keeper, examine any reported apiaries and if any contagious disease is present, examine all others in the same locality, not reported and ascertain whether or not any disease known as American Foul Brood, European Foul Brood, or any other disease which is infectious in its nature and injurious to honey bees in their egg, larval, pupal, or adult stages, exists in such apiaries; and if satisfied of the existence of any such disease he shall give the owner or caretaker of the diseased apiaries full written or printed instruction how to treat such cases as in his judgment séem best, and state a time in which his instructions shall be carried out. [L. '13, p. 25, § 5.]

370-F. Destroy colonies not cured, without compensation.

SEC. 12f. The State Entomologist, his deputy in charge of apiculture, or the county apicultural inspector may, if necessary, visit all diseased apiaries a second time, after ten days and if need be destroy all colonies of bees that he may find not cured of such disease, and all honey, combs, and appliances, which would spread disease, without recompense to the owner, lessee or agent thereof. [L. '13, p. 26, § 6.]

370-G. Must have permit to move when diseased.

SEC. 12g. No person or persons, either as owner, agent, servant, employe, or common carrier, shall sell, barter or give away or move an apiary, bees, honey or bee keeping appliances wherein disease exists without a permit from the State Entomologist, his deputy in charge of apiculture, or the County Apicultural Inspector. [L. '13, p. 26, § 7.]

370-H. May order transferred from box to movable frame hives.

SEC. 12h. The State Entomologist, his deputies or apicultural inspectors shall have full power in their discretion to order any owner or possessor of bees dwelling in box hives (being hives without movable combs) to transfer such bees to movable frame hives within a specified time. [L. '13, p. 26, § 8.]

370-J. Authorized to enter premises.

SEC. 12j. The State Entomologist, his deputy or an Apicultural Inspector having jurisdiction, together with such help as they may need in the prosecution of their work, are authorized during reasonable business hours, to enter upon or into any premises, land, buildings or places where bees or bee keeping appliances are kept, for carrying out the provisions of this act. [L. '13, p. 26, § 9.]

370-K. Disinfection.

SEC. 12k. After inspecting infected hives or fixtures or handling diseased bees, the inspector or his assistants, shall before leaving the premises or proceeding to any other apiary, thoroughly disinfect any portion of their person and clothing and any tools and appliances used by them which have come in contact with infected material. [L. 13, p. 26, § 10.]

370-L. Unlawful to use poisonous spray.

SEC. 121. It shall be unlawful to spray fruit trees while in full bloom with any poisonous spray which is injurious to bees in their egg, larval or adult stages. [L. '13, p. 27, § 11.]

SEC. 12m. Each and every violation of any of the provisions of this act, and each and every non-compliance with the provisions thereof, or any of them, or non-compliance with any notice or direction given by the apicultural inspector in charge under the provisions of this act, shall be punishable by fine in the sum of not less than five nor more than one hundred dollars, and each and every day that any person, firm or corporation shall fail to comply with any notice in writing received from the State Entomologist, his deputy or apicultural inspector shall be deemed a separate offense. [L. '13, p. 27, § 12.]