Commissioner of Agriculture. 93 



The section then went on to state that when the violation 

 consisted of the manufacture or production, every day should 

 be deemed a separate violation of the provisions of the article, 

 and there was a similar provision where the violation consisted 

 of the sale, or offering or exposing for sale. At the end of the 

 same section this provision was added: 



"Whoever by himself or another violates any of the pro- 

 visions of article two of said chapter shall be guilty of a mis- 

 demeanor, and upon conviction shall be punished by a fine of 

 not less than twenty-five dollars, nor more than two hundred 

 dollars, or by imprisonment of not less than one month nor more 

 than six months or by both such fine and imprisonment, for the 

 first offense; and by six months' imprisonment for the second 

 offense." 



Both of the above quoted clauses merely govern violations of 

 article II and for the first time in any portion of the Agricul- 

 tural Law was there a provision inserted making violation of 

 that law a criminal offense. 



What was the intention of the Legislature? Was it to make 

 a single violation punishable by both a civil and a criminal 

 action? Was it the intention of the Legislature to enable the 

 State after recovery in a civil action of the full penalty to ob- 

 tain a second recovery for the maximum penalty prescribed? 

 Obviously not. Such a construction would have been incon- 

 sistent with the first clause, which said that a person violating 

 the same should forfeit a sum not exceeding one hundred dol- 

 lars. Besides there is no language in the act providing that 

 there shall be two causes of action, and that the provisions 

 shall be deemed separate and cumulative. 



On the contrary the intention of the Legislature seems clear. 

 It was intended to make a violation of the provisions of article 

 II a criminal offence. It was intended to transfer jurisdiction 

 from the civil to the criminal courts, and the penalty prescribed 

 in the first clause of the section is the penalty which may be 

 recovered in the criminal proceedings. In other words, the 

 statute means that where the defendant violates any provision 

 of article II he shall forfeit to the people a sum of money which 



