agricultural department, and in one or more journals published in the interest of the growth, sale, and manufacture of tobacco in the State, or having a large circulation therein.

(1920, p. 591. In force June 18, 1920.)

Sec. 1365. Penalty for failure to report sales.

Any warehouse failing to make the report as required by section. thirteen hundred and sixty-two shall be subject to a penalty of twentyfive dollars and the costs in the case, to be recovered by any person suing for same.

(1920, p. 591. In force June 18, 1920.)

Sec. 1455. The inference from the enactment of such a statute clearly is that one who desires a monoply of the precise form of his advertisements should take advantage of its provisions. Crump Co. v. Lindsay, 130 Va. 144, 107 S. E. 679.

Sec. 1471. Weight of a barrel of apples and the size of barrels used for packing and shipping the same.

When apples are bought or sold by weight in this State, the quantity constituting a bushel shall be forty-five pounds and the quantity constituting a barrel shall be one hundred and thirty-five pounds. A barrel for use in packing, selling, or shipping apples shall be of the following dimensions: head diameter, seventeen and one-eighth inches; length of stave, twenty-seven and one-half inches bulge, not less than sixty-four inches, outside measurement. Every person buying or selling apples in this State by the barrel shall be understood as referring to the quantity or size of the barrel herein specified. No person in this State shall hereafter use or cause to be used, or have in his possession, barrels, for the sale of apples, of a size less than the size specified in this section, unless each of the same is plainly stamped on the outside thereof, and on each head with the words "Short Barrel" in letters not less than two inches in height. All apples packed in barrels for sale or offered for sale shall have conspicuously displayed on the head of the barrel the following facts:

(a) The name and address of the owner of the apples as of the date of the packing of same;

(b) The minimum size of at least ninety per centum of the apples contained therein;

(c) All apples not hand picked packed in such barrels shall be marked windfalls;

(d) The dairy and food commissioner shall upon a guarantee satisfactory to him by any fruit growers association or group of fruit growers that they will be responsible for salary and expenses of an inspector, appoint a man well qualified by training and experience and locate him at points designated by such fruit growers association or group of fruit growers. It shall be the duty of such inspectors if requested by any interested parties to inspect the contents of a reasonable number of barrels of each grade of apples and charge the owners of such apples an inspection fee of two dollars per railroad car,

or proportionately if inspection is not made in car lots. If there is more than one owner of the barrels of apples in each car or lot inspected the fee to be apportioned in accordance with the ownership of each. The inspector shall give to such parties a certificate showing the approximate quality and grade of each grade inspected. His salary shall be fixed by the dairy and food commissioner. The form of certificates shall be fixed by the dairy and food commissioner. The said inspection fee shall be applied to the salary and expenses of such inspectors and a surplus, if any, shall be paid to the State crop pest commission for the advancement of apple culture. Any deficit shall be made up by the said fruit growers association or group of fruit growers making the guarantee as above provided.

2. Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and for such offense shall be fined not exceeding fifty dollars for the first offense, and for each subsequent offense not exceeding one hundred dollars; and such fines less legal cost and charges, shall be paid into the treasury of the State.

It shall be the duty of the dairy and food commissioner toen force the provisions of this section and he shall make an annual report to the governor on or before the thirty-first day of January of each year, giving a detailed account of fees collected and money disbursed by him under the provisions of this section.

(1920, p. 244. In force June 18, 1920.)

Sec. 1486. State board of health; how members appointed; terms of office; meetings; officers; quorum.

The State board of health shall consist of twelve members appointed by the governor, at least five of whom shall be members of the Medical society of Virginia. One member shall be chosen from each congressional district in the State, and in addition two from the city of Richmond. The members in office when this act takes effect shall continue in office until their respective terms expire, and on the first day of July of each year the governor shall appoint for terms of four years each three members to fill the vacancies in those term expiring by limitation. In addition to the members above mentioned two residents from the State at large shall be appointed for a term of four years, one of whom shall be a member of the State dental association. The board shall meet annually in the city of Richmond, and at such other times and places as it may determine. It shall elect from its number a president and secretary, who shall perform the usual duties of such offices, in addition to the particular duties prescribed by law. The board may adopt by-laws for its government. Five members shall constitute a quorum for the transaction of any lawful business. (1920, p. 87. In force June 18, 1920.)

Sec. 1487. For article on "Delegation of Power to Boards and Commissions," see 6 Va. Law Reg. (N. S.) 801.

Sec. 1489. See chapter 106 of Acts 1918, herein.

Sec. 1490. See chapter 106 of Acts 1918, herein.

Sec. 1493. For act concerning venereal diseases, see chapter 364 of Acts 1920, herein.

Sec. 1497. See chapter 233 of Acts 1918, herein.

Sec. 1515. For an act concerning venereal diseases, see chapter 364 of Acts 1920, herein.

Sec. 1517. The gravamen of the offense forbidding the use of roller towels is that the lavatory in which the towel is used in common shall be a public lavatory, which cannot be affirmed of lavatories installed in an office building owned by a private individual for the convenience of tenants of the building, which are kept locked so that no one can enter them except tenants of the building, which tenants were furnished with keys by the accused. A public lavatory, on the other hand, is one that is open to all who may choose to use it; as for example, lavatories in railway trains, or steamboats, which are provided and kept open for the use and convenience of all of the public who travel thereon; or in buildings to which the public generally have a right to resort, and which are equipped with open lavatories for their use. Irvine vs. Commonwealth, 124 Va., 817, 97 S. E. 769.

See chapter 313 of Acts 1918, herein, prohibiting public drinking cups.

Sec. 1521. See chapters 256 and 404 of Acts 1918, herein.

This section is not unconstitutional in that the provision of forfeiture contained in the Act was not embraced in the title. Virginia Constitution, Sec. 52. This Act is not in conflict with the "due process" provisions of the Constitution of the United States or of Virginia. This Act is a valid exercise of the police power. Brunkley v. Commonwealth 130 Va. 55, 108 S. E. 1.

Sec. 1542. Quarantine District of Elizabeth river, etc.
Repealed in part 1922, p. 116.

Sec. 1554. See chapter 265 of Acts 1918, herein.

Sec. 1555. The establishment and maintenance of hospitals by counties and towns is regarded in Virginia as a benevolent object of a public character; this is manifest from this section and the following one authorizing such hospitals and their maintenance out of the public fund; and the maintenance of the indigent poor is also a benevolent or charitable object of a public character. Pirkey v. Grubb's Exor., 122 Va. 91, 94 S. E. 344.

Sec. 1556. See note to preceeding section.

Sec. 1561. See chapter 220 of Acts 1918, herein, regarding divorce statistics. Sec. 1564. Local registrars designated; failure to perform duties; penalty.

In cities the principal executive officer of the local board of health shall be the local registrar of vital statistics, and in towns and magisterial districts the State registrar shall appoint a suitable and proper person to be the local registrar for such town or district, or portion of such town or district, as said registrar may designate.

Any local registrar who fails or neglects to discharge efficiently the duties of his office, as laid down in this chapter or who fails to make prompt and complete returns of births and deaths, as required thereby, shall be forthwith removed from his office of registrar by the State registrar, in addition to any further penalties that may be imposed under other sections of this chapter for failure or neglect to perform his duty.

(1922, p. 10. In force June 18, 1922.)

Sec. 1569. Duties of undertaker.

The undertaker, or person acting as undertaker, shall be responsible for obtaining and filing the certificate of death with the local registrar of the district in which the death occurs, and for securing a burial or removal permit, prior to any disposition of the body, except as otherwise provided in this chapter. He shall obtain the personal and statistical particulars required from the person best qualified to supply them, giving the name and address of his informant. He shall then present the certificate to the attendant physician, if any, or to the health officer or coroner, as directed by the local registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record as specified in the two preceding sections. He shall then state the facts required relative to the date and place of burial, over his signature and with his address and present the completed certificate to the local registrar in order to obtain a permit for burial, removal or other disposition of the body. The undertaker shall deliver the burial permit to the sexton, or person in charge of the place of burial, before interring or otherwise disposing of the body; or he shall dispose of the transit permit as provided by law for the transportation of corpses in this State when shipped by a transportation company; said permit to accompany the corpse to its desired destination, and if the burial shall take place within this State, the removal permit shall be delivered to the sexton or other person in charge of the place of burial.

Any dealer, carpenter, or other person who shall sell a coffin for the burial of a dead person, shall deliver to the purchaser a certificate of death filled out as completely as possible, and instruct the purchaser, that after supplying any omitted information either statistical or medical, to deliver said certificate to the local registrar of the district in which the death occurred, and obtain from the said registrar a burial or transit permit before interment, removal, or other disposition of said body is made.

If for good reason the doctor's or coroner's certificate of death or that of the person acting as coroner, cannot be obtained, the purchaser or person acting as undertaker shall file with the local registrar a provisional certificate of death upon which the registrar shall issue a burial or transit permit on condition that a completed certificate of death will be filed within ten days with the registrar of the district in which the death occurred.

Each dealer, carpenter, or other person selling coffins shall furnish the State registrar at the end of each month, a list of sales for the month, of coffins in cases in which death certificates have not been filed with the local registrar.

This list must include the names and address of the purchasers, names, color, age and sex of deceased, and dates of deaths.

(1922, p. 767. In force June 18, 1922.)

Sec. 1575. See chapter 58 of Acts 1918, herein.

Sec. 1585. Definitions.

A hotel within the meaning of this chapter is any inn or public lodging house of more than five bed-rooms, where transient guests are fed or lodged for pay in this State. A transient guest is one who puts up for less than one week at such hotel.

(1922, p. 24. In force June 18, 1922.)

Sec. 1586. Charges posted.

Every hotel shall post in a conspicuous place in its office and in its bedrooms a list of its charges for rooms and meals; and the list posted in each room shall show specifically the charges for that room, with and without baths; except, that hotels operated on the European or a la carte plan shall not be required to post their charges for meals so served.

(1922, p. 24. In force June 18, 1922.)

Sec. 1587. Fire escapes and extinguishers.

Every hotel shall provide each floor with one or more fire extinguishers, to be kept in working order at all times. In every hotel having fire escapes, conspicuous notices shall be kept posted at the entrance to each hall, stairway, elevator shaft, and in each bedroom above the ground floor, directions how to reach the fire escapes.

(1922, p. 24. In force June 18, 1922.)

Sec. 1588. Escape from light well.

The owner or proprietor, manager or person in charge of every hotel now existing or hereafter constructed with an inside court or light well inclosed on all sides and with sleeping rooms or lodging apartments, the only windows of which open upon or into such court or light well, shall provide a proper escape from such inside court or light well through a room or rooms or otherwise. (1922, p. 24. In force June 18, 1922.)

Sec. 1589. Inspection by the State dairy and food commissioner.

For the purpose of carrying out the provisions of this chapter, the State dairy and food commissioner is authorized and required to inspect, through his officers and agents, all hotels in the State at least once every year, and as often thereafter during the yar as may be deemed necessary. He shall see that every part of said hotel and immediate surroundings are sanitary, and that all utensils used in the hotel, particularly those used in the preparation and serving of food, are in all respects clean.

(1922, p. 24. In force June 18, 1922.

Sec. 1590. Duty of dairy and food commissioner; certificate posted; inspection.

It shall be the duty of the State dairy and food commissioner to see that all of the provisions of this chapter are enforced and complied with. If upon inspection of any hotel it shall be found that this law has been fully complied with, the State dairy and food commissioner shall issue a certificate to that effect to the person operating the same,