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as herein set forth, shall for each offense be deemed
SEC. 2. That said section 11 is hereby repealed.
Act repealed, Comp. Stat., 335, 1881, 74.
AN ACT to protect butter and cheese manufacturers.
Be it enacted by the Legislature of the State of Nebraska:
or sour milk. Penalty
SECTION 1. Whoever shall knowingly sell, cr supply, ated, skimmed,
or bring to be manufactured to any cheese manufactory, butter manufactory, or creamery in this state, any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk;" or whoever shall keep any part of the milk known as “strippings,” or whoever shall knowingly bring or supply milk to any cheese manufactory, butter manufactory, or creamery, that is tainted or partly sour from want of proper care in keeping pails, strainers, or any vessels in which said milk is kept clean and sweet, after being notified of such taint or carelessness; or any cheese manufacturer or butter manufacturer, who shall knowingly use or direct any of his employes to use, for his or their individual benefit, any cream of the milk brought to the cheese or butter manufacturer, without the consent of all the owners thereof, shall, for each and every offense, forfeit and pay a sum of not less than twenty-five dollars nor more than one hundred dollars, with the costs of suit, to be sued for in any court of competent jurisdiction, for the benefit of the person or persons, firm, association, or corporation, or their assignees, upon whom such fraud be committed.
SEC. 2. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.
To take effect Approved February 24th, A.D. 1883.
AN ACT for the protection of dairymen, and to prevent deception in
sales of butter and cheese.
Be it enacted by the Legislature of the State of Nebraska :
SECTION 1. That any person, company, or corporation who shall manufacture for sale any article, or who may butterine
labels. offer or expose for sale any article or substance in semblance of butter or cheese, not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which any vegetable oil or the oil or fat of animals not produced from milk enters as a component part, or into which melted butter or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand,
or mark upon every tub, firkin, box, or package of such article or substance the word oleomargarine or butterine, in plain Roman letters not less than half an inch square, placed horizontally in proper order, and in case of retail sales of such artièles or substances in parcels, the seller shall in all cases deliver therewith to the purchaser a written or printed label, bearing the plainly written or printed word, oleomargarine or butterine, in type or letters as aforesaid, and every sale of such article or substance not so stamped, branded, marked, or labeled shall be void, and no action shall be maintained for the price thereof.
SEC. 2. Any person, company, or corporation, who shall sell, or offer to sell, or have in his or her possession with intent to sell, contrary to the provisions of this act, any of the said articles not so stamped, marked, or labeled, or in case of retail sale without delivery of the label required by section one of this act, shall for each such offense forfeit and pay a fine of one hundred dollars, to be recovered in any court in the state of competent jurisdiction.
Sec. 3. That any person, company, or corporation, who shall sell or offer or expose for sale, or shall cause or procure to be sold any article required by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled, shall be guilty of a misdemeanor, and on trial for such misdemeanor, proof of the sale or offer or exposure alleged, shall be presumptive evidence of knowledge of the character of the article so sold or offered.
SEC. 4. Whereas, an emergency exists, this act shall be in force from and after its passage.
Approved February 20th, A.D. 1883.
To take efiect.
AN ACT to protect manufacturers, bottlers, and dealers in soda and
mineral waters and other beverages from the loss of their casks, barrels, kegs, bottles, and boxes.
Be it enacted by the Legislature of the State of Nebraska :
using or de
SECTION 1. That all persons engaged in the manufacture, bottling or selling of soda, mineral water, or other marks to be
filed and pub
lighed, beverages in casks, barrels, kegs, bottles, or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the county clerk of the county in which such articles are manufactured, bottled, or sold, a description of the nameor marks so used by them, and cause the same to be printed for two (2) successive weeks in a weekly newspaper printed in the English language, and in counties where such articles are manufactured, bottled, or sold.
SEC. 2. It shall be unlawful for any person or persons Penalty for hereafter, without the written consent of the owners or
stroying. owners thereof, to fill with soda, mineral water, or other beverages, or any other articles of merchandise, medicine, compound, or preparation for sale, or to be furnished to customers, any such casks, barrels, kegs, bottles, or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such casks, barrel, keg, bottle, or box so marked or stamped by the owner or owners thereof, after such owner or owners shall have complied with the provisions of the first section of this act. Any person or persons who shall violate any provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or police judge in this state, shall be fined ($5) five dollars for each and every cask, barrel, keg, or box, and fifty cents (50) for each and
Prima facie evidence.
every bottle so by him, her, or them, filled, bought, sold, used, trafficked in, or wantonly destroyed, or by him, her, or them caused to be filled, bought, sold, used, trafficked in, or wantonly destroyed, together with the costs of suit for the first offense, and ten dollars ($10) for each and every cask, barrel, keg, and box, one dollar ($1) for each and every bottle so filled, bought, sold, used, trafficked in, or wantonly destroyed, or caused to be so filled, bought, sold, used, trafficked in or wantonly destroyed, together with the costs of suit for each subsequent offense.
SEC. 3. The using by any other person than the rightful owner thereof, without such written permission, of any such cask, barrel, key, bottle, or box, for the sale therein of soda, mineral water, or other beverage, or any other article of merchandise, medicine, compound, or preparation, or to be furnished to customers, or the buying, selling, or trafficking in any such barrel, cask, keg, bottle, or box by any person other than the owner, without such written permission; or the fact that any junk dealer or dealers in casks, barrels, kegs, bottles, or boxes shall have in his or her possession any such cask, barrel, keg, bottle, or box so marked or stamped, and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in, or having in possession any such cask, barrel, keg, box, or bottle, is unlawful within the meaning of this act, and any person or persons found guilty of any such 'use, buying, selling, trafficking in, or having in possession any soda cask, barrel, keg, box, or bottle, without such written permission, shall be liable to be arrested and fined as provided in the second section of this act; and it is hereby declared to be the duty of any justice of the peace or police judge within this state, upon oath having been made in writing before him by any owner, or by the agent of any owner or owners, that any person has violated the