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To amend section 6964 of the Revised Statutes, as passed April 6, 1882 (vol. 79, p. 74).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6964 be amended so as to read as follows:

Offenses against public policy:

Penalty for pur

chasing, selling,
exposing for
sale or having
in possession
birds, game or
animals killed

law.

SEC. 6964. Whoever purchases, sells, exposes for sale, or has in his possession any of the birds, game, or animals, mentioned in section sixty-nine hundred and sixty, sixty-nine hundred and sixty-one, and sixty-nine hundred and sixty-three, during the time when the killing thereof is made penal, shall be fined not exceeding twenty-five dollars nor less than two dollars, or imprisoned not more than thirty days or both; provided that the provisions of common carrier. this act shall not be construed as applicable to any common carrier into whose possession any of the birds, game or animals herein mentioned shall come into the regular course of their business for transportation, whilst they are in transit through this state where the killing of said birds, game or animals shall be lawful, but nothing in the pro- wild deer. visions of this act shall prevent any one having in his possession wild deer during the time when the killing thereof is made penal.

SECTION 2. Said original section 6964 is hereby re- Repeals, etc. pealed and this act shall take effect and be in force from and

DAVID L. SLEEPER,
Speaker of the House of Representatives.

JNO. C. HUTSINPILLER,

President pro tem. of the Senate.
45G

To amend section 2678 of the Revised Statutes of Ohio, as amended
May 8, 1894 (O. L., vol. 91).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2678 of the Revised Statutes of Ohio as amended May 8, 1894 (O. L., vol. 91), be so amended as to read as follows:

SEC. 2678. The judges of the court of common pleas of a county containing a city of the first class, or of the first or second grade of the second class, or of the second class, third grade a in which there now is or may hereafter be a law library association which furnishes to all the county officers and the judges of the several courts in such county admission to its library, and the use of its books free of charge,

Law libraries:

compensation of librarian in

certain counties.

Repeals

shall, upon the appointment by the trustees of such association of a person to act as librarian thereof, fix the compensation of such librarian, which shall be paid out of the county treasury.

SECTION 2. That said section 2678, as amended May 8, 1894, be and the same is hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage.

DAVID L. SLEEPER,
Speaker of the House of Representatives.

JNO. C. HUTSINPILLER,
President pro tem. of the Senate.
46G

Passed February 27, 1896.

Preference in

appointment
and employment
in public
service.

Penalty for violation.

Repeals, etc.

[Senate Bill No. 20.]

AN ACT

To amend an act passed April 3, 1888, entitled "An act to give preference of appointment or employment to honorably discharged soldiers and sailors and marines, who fought for the union in the war of the rebellion."

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the act of April 3, 1888, be so amended as to read as follows: That in every public department, and all public departments in all municipal corporations, and upon all public works of the state of Ohio, honorably discharged union soldiers, sailors and marines of the late rebellion, shall be preferred for appointment and employment; age, loss of limb or other physical impairment, which does not, in fact, incapacitate, shall not be deemed to disqualify them; provided, however, that the applicant shall have been a resident of the county in which the office or position is located, for at least one year, and possesses the other requisite qualifications.

SECTION 2. Any violation of the provisions of this act shall be deemed a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00).

SECTION 3. That the act of April 3, 1888, be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage.

CHARLES H. BOSLER,

Speaker pro tem. of the House of Representatives.

JNO. C. HUTSINPILLER,

President pro tem. of the Senate.

Passed March 3, 1896.

47G

[Senate Bill No. 67.]

AN ACT

To prevent fraud in the manufacture and sale of imitations of cheese or substitutes for cheese and to regulate the branding of cheese in the state of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, with salt, rennet, and with or without harmless coloring matter, or containing any fats, oils or grease not produced from milk or cream, shall have the words "filled cheese," and all cheese made exclusively and wholly from milk or cream with salt, rennet, and with or without harmless coloring matter, and containing less than ten per cent. of pure butter fat, shall have the words "skimmed cheese" stamped, labeled, or marked, in printed letters of plain, uncondensed gothic type, not less than one inch in length, so that the words can not easily be defaced, and upon the side of every cheese, cheese-cloth or band around the same, and upon the top and side of every tub, firkin, box, or package containing any of said article, substance, or compound. And in case of retail sales of any of said article, substance, or compound, not in the original package, the seller shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words "filled cheese," or "skimmed cheese" as the case may be in printed letters of plain, uncondensed gothic type, not less than one inch in length.

SECTION 2. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese, except as provided in section 1 of this act, and whoever with intent to deceive, defaces, erases, cancels, or removes any mark, stamp, brand, label or wrapper provided for in said section, or in any manner shall falsely label, stamp, or mark any box, tub, article, or package marked, stamped, or labeled as aforesaid, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense.

SECTION 3. Whoever, by himself or his agents, sells or offers for sale, to any person who asks, sends, or inquires for cheese, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese,

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Penalty for selling or offering imitation or sub stitute without proper brands and placard.

Posting of placard at place cf business.

not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, and containing not less than ten per cent. pure butter fats shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense.

SECTION 4. Whoever, by himself or his agents, sells or offers for sale, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, not marked and distinguished by all the marks, words and stamps required by this act, and not having in addition thereto upon the exposed contents of every opened tub, box, or parcel thereof, a conspicuous placard with the words "filled cheese" or "skimmed cheese" as the case may be printed thereon in plain, uncondensed letters, not less than one inch long, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense.

SECTION 5. Whoever, by himself or his agents, sells "filled cheese," or "skimmed cheese" or any substance made in imitation.or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, from any dwelling, store, office or public mart, shall have conspicuously posted thereon the placard or sign, in letters not less than four inches in length "filled cheese sold here," or Penalty for fail- "skimmed cheese sold here" as the case may be. Any person neglecting or failing to post the placard herein provided for shall be punished by a fine of one hundred dollars for the first offense, and by a fine of one hundred dollars for each day's neglect thereafter.

ure.

Penalty for failure to placard sides of vehicle.

SECTION 6. Whoever, by himself or his agents, peddles, sells, solicits orders for the future delivery of, or delivers from any cart, wagon or other vehicle, upon the public streets or ways, "filled cheese,” or “skimmed cheese” or any substance made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, not having on both sides of said cart, wagon, or other vehicle, the placard in uncondensed gothic letters not less than three inches in length, "filled cheese" or "skimmed cheese," shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in the

county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense.

Notice to guest tel, restaurant or lunch-counter.

or patron of ho

SECTION 7. Whoever, by himself or his agents, furnishes, or causes to be furnished, in any hotel, restaurant, or [at] any lunch-counter "filled cheese," or "skimmed cheese" or any substance made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, to any guest or patron of said hotel, restaurant, or lunch-counter, in the place or stead of cheese, shall notify said guest or patron that the substance so furnished is not cheese, and any person so furnishing without said notice, Penalty for failshall be punished by a fine of not less than ten nor more than fifty dollars for each offense.

ure.

"full milk
cheese."

Brand for "Ohio state full cream

cheese."

Register of

SECTION 8. Every manufacturer of full milk cheese Branding of may put a brand upon each cheese so manufactured indicating "full milk cheese," with the date and year when made, and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. The food and dairy commissioner shall procure and issue to the cheese manufacturers of the state, upon proper application, which application shall be made on or before the first day of April, 1896, and on or before the first day of April, of each year thereafter, and under such regulations as to the custody and use thereof, as he may describe, a uniform stencil brand bearing a suitable device or motto, and the words “Ohio state full cream cheese." Every such brand shall be used upon the outside of the cheese, cheese-cloth or band around the same, and upon the box or package containing the same, and shall bear a separate number for each separate factory. The said commissioner shall keep a book in which shall be registered the name, location and number of each manufacturer using the brand, and the name or names of the person or persons in each factory authorized to use the same. No such brand shall be used upon any other but full cream cheese or packages containing the same; provided, that nothing in this section shall be construed to prohibit the manufacture and sale of pure skimmed cheese made from milk that is clean, pure, healthy, wholesome, and unadulterated except by skimming. The commissioner shall receive a fee of one dollar for each registration according to the provisions of this section, such fee to be paid by the person applying for such registration. Whoever, by himself or his Penalty for vioagents, violates any of the provisions of this section, shall lation of secbe punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars or by imprisonment in the county

"

users.

Restriction

upon use:
cheese."

pure skimmed

Fee for registra

tion.

tion.

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