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Auditor.

der statements thereof to him; and all such persons Duties of State must render such statement at such times and in such form as he may require.

16. To direct and superintend the collection of all moneys due the State, and institute suits in its name for all official delinquencies in relation to the assessment, collection and payment of the revenue, and against persons who by any means have become possessed of public money or property, and failed to pay over or deliver the same, and against all debtors of the State; of which suits the courts of the county in which the seat of government may be located have jurisdiction, without regard to the residence of the defendants.

17. To draw warrants on the State Treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law. Every warrant must be drawn upon the fund out of which it is payable, and specify the service for which it is drawn, and the specific appropriation applicable to the payment thereof.

18. To furnish the State Treasurer on the last day of each month with a list of warrants drawn upon the treasury, specifying the amount and number of each warrant, and the name of the person in whose favor it is drawn.

19. To procure and have printed all State licenses and to sign the same and furnish the State Treasurer with licenses and charge him with the same.

20. To authenticate with his official seal, all drafts and warrants drawn by him, and all copies of papers issued from his office.

21. To collect and pay into the State treasury all fees received by him.

22. To perform the duties of a member of all boards of which he is or may be made a member by the Constitution or laws of the State, and such other duties as are prescribed by the Constitution and by law.

Sec. 2. The certificate mentioned in subdivision What certificate 11 of section 1, must show by whom the payment is to must state. be made; the amount thereof and the fund into which it is to be paid, and must be numbered in order, beginning with number 1 at the commencement of each fiscal year.

Sec. 3. The State Auditor must keep a separate to keep sepaaccount of the school fund, and of the interest and in-Ta

z of which he is of the State, fitution ar

to Treasurer

rate accounts,

Order of warrants.

Action for escheated property.

come thereof, together with such moneys as may be raised by special tax or otherwise, for school purposes.

He must, on the first day of February and the first day of August of each year, report to the Superintendent of Public Instruction, a statement of the securities belonging to the school fund, of the moneys in the treasury, subject to apportionment, and the several sources from which they accrue. He must draw his warrant on the State Treasurer in favor of any county treasurer whenever such county treasurer presents with his endorsement, an order drawn by the Superintendent of Public Instruction in favor of such county.

Sec. 4. All warrants for claims which have been audited by the Board of Examiners, and filed in his office, must be drawn in the order of the numbers placed upon them by that board.

Sec. 5. Whenever any person has received moneys, or has money or other personal property which belongs to the State by escheat or otherwise, or has been entrusted with the collection, management or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to or held in trust by the State, and fails to render an account thereof to, and make settlement with, the State Auditor within the time prescribed by law, or when no particular time is specified, fails to render such account, and make settlement, or who fails to pay into the State treasury any moneys belonging to the State, upon being required so to do by the State Auditor, within twenty days after such requisition, the State Auditor must state an account with such person, charging twenty-five per cent. damages, and interest at the rate of ten per cent. per annum from the time of failure; a copy of which account in any suit thereon is prima facie evidence of the things therein stated; but in case the State Auditor cannot, for want of information, state an account, he may in any action brought by him aver the fact, and allege generally the amount of money or other property which is due to or which belongs to the State.

Sec. 6. The State Auditor shall have access to all offices of the State for the inspection of such books, papers, and accounts thereof as may concern his duties.

Sec. 7. The State Auditor must execute an official bond in the sum of fifty thousand dollars.

Has access to books.

Bond.

Recorder of marks and

Sec. 8. The State Auditor shall be ex-officio State Re Recorder of Marks and Brands, and shall as such, have brands. and exercise all the powers and discharge all the duties heretofore conferred upon and required of the recorder of marks and brands, as provided by Sections 41 to 50, both inclusive, of the Compiled Laws of Utah, 1888, Vol. I, and he shall charge and collect in advance for his services, the same fees as therein provided.

Sec. 9. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 10. This act shall take effect upon approval.
Approved March 19, 1896.

CHAPTER LIX.

INCORPORATED CITIES.

AN ACT to amend Section 1817, s. 5, Compiled Laws of Utah, 1888, Vol. I, by

striking therefrom certain words, and adding others, and thereby to make the whole of Articles V and VI, Chapter XI, Part Second of Vol. I of the Compiled Laws of Utah, 1888, and all acts amendatory thereto applicable to cities already organized.

powers of city councils in third class cities,

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That section 1817, s, 5, Compiled Laws of Utah, 1888, Vol. I, be amended so as to read:

Section 1817, S, 5, Article IV, Article V, sections Extending 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, of Article VI, sec- po tion 4 of Article X, Article XI, subdivisions 2, 3, 4 and third class 5 of section 2 of Article XIV, Article XV, Articles XVII, XVIII, XIX, and sections 1, 2 and 3 of Article XX, of this act and all acts amendatory thereto, are hereby made applicable to all incorporated cities now organized in this State, and shall be construed to be cumulative and supplemental to the charters of said cities.

Approved March 19, 1896.

CHAPTER LX.

DAIRY PRODUCTS.

AN ACT to prevent Deception and Fraud in the Sale of Dairy Products,

and to Regulate the Sale and Manufacture of Oleomargarine and Similar Products and to Prohibit the Sale of Filled Cheese and to Repeal Chapter 63 of the Session Laws of 1894, Territory of Utah.

furnishing impure milk unlawful.

diluted milk,

the male or furnish other artions or oth offense.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Åny person who shall sell or offer for Offering or sale or furnish or deliver, or have in his possession,

with intent to sell or offer for sale or furnish or deliver to any creamery, cheese factory, corporation, person or persons whatsoever, as pure, wholesome and unskimmed, any unmerchantable, adulterated, impure, or unwholesome milk, shall upon conviction thereof be punished by a fine of not less than ten or more than one hundred dollars for each and every offense.

Sec. 2. In all prosecutions or other proceedings Diseased or under this or any other law of this State relating to

the sale or furnishing of milk, if it shall be proven that the milk sold or offered for sale, or furnished or delivered, or had in possession with intent to sell or offer for sale, or to furnish or deliver as aforesaid, as pure, wholesome and unskiinmed, has been diluted or any part of its cream abstracted, or that it or any part of it was drawn from any cow within twenty days before or five days after parturition or from any cow that has any disease or ulcer or other running sore, then and in either case the said milk shall be held, deemed and adjudged to have been unmerchantable and adulterated, impure or unwholesome, as the case may be.

Sec. 3. No person by himself or by his agents or Skimmed milk. servants, shall sell, exchange or deliver, or have in his

custody or possession with intent to sell, exchange or deliver, milk, from which the cream or any part thereof has been removed, unless in a conspicuous place above the center upon the outside of every vessel, can or package, from or in which such milk is sold, the words “Skimmed milk” are distinctly marked in uncondensed Gothic letters not less than one inch in length, said skim milk to contain not less than nine per centum

terations, etc.

adulterated

milk cheese.

of milk solids exclusive of fats. Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than ten or more than one hundred dollars for each and every offense.

Sec. 4. Proof of adulterations and skimming may Test for adulbe made with such standard tests and lactometers as tera are used to determine the quality of milk, or by chemical analysis.

Sec. 5. Any person who shall sell or offer for sale, Sale of consign, or have in his possession with intent to sell to dairy products. any person or persons, any milk, cream, butter, cheese, or other dairy products, or who shall deliver to any creamery or cheese factory, milk or cream to be manufactured into butter or cheese, to which boracic acid, or salicylic acid, or compounds containing them, or other antiseptics injurious to health, have been added, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than ten nor more than one hundred dollars for each and every offense.

Sec. 6. No person, by himself or by his agents or Skimmed servants, shall manufacture, or shall buy, sell, offer, ship, consign, expose or have in his possession for sale any cheese manufactured from or by the use of skimmed milk to which there has been added any fat which is foreign to such milk.

Sec. 7. No person, by himself or by his agents or Same. servants, shall manufacture, or shall buy, sell, offer, ship, consign, expose or have in his possession for sale, within this State any skimmed milk cheese, or cheese manufactured from milk from which any of the fats originally contained therein has been removed, except such cheese is not less than 9 nor more than 11 inches in diameter, and not less than 9 inches in height.

Sec. 8. No person, by himself or by his agents or Imitation servants, shall render or manufacture, sell, ship, consign, offer for sale, expose for sale, take orders for the future delivery of, or have in his possession with intent to sell, any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance or compound thereof, not produced from unadulterated milk or cream from the same, and without the admixture or addition of any fat foreign to said milk or cream, which shall be an imitation of yellow butter produced from pure unadulterated milk or cream of the

butter.

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