The Birmingham age-herald., 1915-10-23

or other dairy products fo: sale or dis tribution in any manner in such city, is affected with tuberculosis, as j,- termined by the tuberculin test (made with tuberculin manufactured by any reliable firm), or by physical diagnosis, such animal or animals shall be branded in conspicuous place on the right side with the capital TT. B." not less than two inches in height Such inspector shall have the right to reinspect or re- of any kind as often as he may deem it necessary. It shall be the duty of such inspector to immediately notify the owner, proprietor or manager of such dairy either in person or in writ ing of the presence of such tuberculosis animal or animals connected wi.h or associated with his herd.
 Sec. 34. It shall be the duty of the owner, proprietor or manager of such eairy upon being notified by said inspeo- tor of the presence of such tuberculous COW or cows. to remove or to cause to be removed within 24 hours the same from his dairy herd to a public abattoir or slaughter house, or if no such public abbattoir or slaughter house is convenient, to such other convenient place for slaugh- ter as may be designated by the inspec- tor where the said tuberculous COW or cows shall be immediately slaughtered, under the supervision of such inspector. A post-mortem examination shall be held by such inspector on all animals thus slaughtered and a record of the findings carefully made out, which record must be kept on file in the office of such in- spector for at least F months thereafter The carcass or careasses shall be dis posed of provided by the laws and ordinances of the said city. Nothing in this ordinance shall be construed to pre- vent the owner proprietor or manager of any dairy herd from which animals have been condemned as herein before pro- vided. from being present at the time and place of slaughter, and at the post mortem examination, or from being repre- scented by reputable veterinarlan, if he so elects, at his own expense.
 Sec. 30. If the postmortem examina- ton fails to reveal any evidence of tuberculosis. the said city shall within 60 days thereafter pay to the owner, proprietor or manager of such dairy the reasonable value of such animals as are so wrongfully condemned and slaughtered less the amount received hv the owner for the sale of the carcass and hide of the condemned and slaughtered animal. The value of such animals to be paid for shall be determined by an appra1sing board, composed of three members, to be selected as follows: One to be chosen by the said inspector one to be chosen
  and the third to be selected by the first two members. The decision of majority of said appraising board as to the value of animals shall be binding on such city and on the owner of said animal, and shall be made in writing and signed by at least two members of said board in the presence of and before notary pub lie, and the same delivered to the chief inspector or the mayor or other chief executive of such city. a
 Sec 36. Such city shall have the right through it's officers aforesaid, to exclude all dairy products from said city and to confscate nddestroy all such pro ducts as are brought into or shipped into said city town, after notice has been given that the products of such dairy are excluded, as provided herein.
 Sec 37. That 1t shall be unlawful for any person to interfere with, resist, him der or prevent any such inspectors or to attempt to interfere with resist, hinde~ or prevent such officer in the performance of the duties required of him in the en- forcement of any provision of this act, or to fail, neglect or refuse to have any condemned animal slaughtered as herein provided. Any interference, resistance. intolerance or prevention of the said in spector shall be punished as provided by the laws or ordinances of the said city or town or as hereinafter in this act pro- vided. The word inspector as used herein shall include the chief inspector of any such city and all of his regularly au- thorised assistants. That any person, cor poration or association violating any pro- visions of or contained in sections 31 to 37 inclusive of this act shall be guilty of a misdemeanor and shall upon conviction be fined not less than $1O0 nor more than $500, and may also be sentenced to hard labor for the county for not exceeding three months.
 Sec. SS. This act shall go into effect i'm mediately on the approval of the same by the governor. All laws and parts of laws, general and special, in so far as they may be in conflict with any provision of this act, shall be and the same are hereby expressly repealed, but such cities shall continue to have and exercise all rights, authority, powers and Jurisdiction which they now have except as in this act otherwise expressly provided, it being the powers to such cities.
 Sec. g. That should any section or pro- vision contained in this act be declared to be unconstitutional for any reason. it shall not affect the other sections or pro- visions of the act, but the same shall re- main in full force and effect.
 Approved Aufust 20. 1915.
 Offieial:
 JOHN PURIFOY.
 Secretary of State.