Oleomargarine. same, with or without coloring matter; Provided, That nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form and in such manner as will advise the consumer of its real character free from coloration or ingredient that causes it to look like butter, and free from any word, brand, or marking, either upon the package or upon any wrapper or upon the contents of the same, which would in any wise tend to deceive the purchaser or consumer.

Sale of oleomargarine,

for butter.

Sec. 9. It shall be unlawful for any person by himself or by his agent to sell or offer for sale to any perbutterine, etc., son who asks, sends, or inquires for butter, any oleomargarine, butterine or any substance made in imitation or semblance of pure butter not made entirely from the milk of cows, with or without coloring matter. Sec. 10. It shall be unlawful for any person to Imitation dairy expose for sale oleomargarine, butterine, or any simiproducts to be lar substance not marked and distinguished on the outside of each tub, package or parcel thereof by a placard with the word "oleomargarine" and not having also upon the exposed contents of every open tub, package or parcel thereof a conspicuous placard with the word "oleomargarine," such placard in each case to be printed in plain, uncondensed Gothic letters not less than one inch long, and such placard shall not contain any other words thereon.

labeled.

Same.

Same.

Sec. 11. It shall be the duty of every person who sells oleomargarine, butterine, or any similar substance, from any dwelling, store, office or public mart, to have conspicuously posted thereon the placard or sign, in letters not less than four inches in length, "oleomargarine sold here" or "butterine sold here. Such placards shall be approved by the dairy and food inspector of the town or city, or if none by the clerk of the county, city recorder or town clerk.

Sec. 12. It shall be unlawful for any person, by himself or by his agents to peddle, sell, solicit orders for the future delivery of, or deliver from any cart, wagon or other vehicle, oleomargarine, butterine, or any similar substance, not having on the outside of both sides of said cart, wagon or other vehicle the placard in uncondensed Gothic letters, not less than three inches in length, "oleomargarine.

Sec. 13. It shall be unlawful for any person, by

to be notified of

products.

himself or by his agents or servants to furnish or cause Guests in hotels to be furnished, in any hotel, boarding house, restau- imitation dairy rant, or at any lunch counter, oleomargarine, butterine, or any similar substance to any guest or patron of said hotel, boarding house, restaurant or lunch counter, without first notifying each guest or patron that the substance so furnished is not butter.

Sec. 14. Any person who shall violate any of the Penalty. provisions of sections 6, 7, 8, 9, 10, 11, 12, 13 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for, the first offense by a fine of not less than twenty-five dollars; and upon conviction of any subsequent offense shall be punished by a fine of not less than fifty dollars, or by imprisonment in the county jail for not less than ten days, or by both such fine and imprisonment, at the discretion of the court.

products only to

institutions.

Sec. 15. No butter or cheese not made wholly Pure dairy and directly from pure milk or cream, salt and harm- be used in State less coloring matter shall be used in any of the charitable or penal institutions of the State. Any person or persons violating any of the provisions of this section of this act, shall, upon conviction thereof, be fined not less than twenty-five or more than fifty dollars for the first offense, or for each subsequent offense not less than fifty nor more than one hundred dollars, or be imprisoned in the county jail not less than ten or more than sixty days or by both such fine and imprisonment.

concealed
products.

Sec. 16. When complaint shall be made on oath Complaint of to any magistrate authorized to issue warrants in crim-imitation dairy inal cases that imitation butter or imitation cheese or any substance designed or intended to be used as a substitute for butter or cheese, is in the possession or under the control of any person or persons contrary to the provisions of law of this State, and that the complainant believes that it is concealed in any particular warehouse, store or refrigerator for mercantile purposes, the magistrate, if he be satisfied that there is cause for such belief, shall issue a warrant for such property.

concealed

Sec. 17. All such warrants shall be directed to Search for the sheriff of the county or his deputy or to any con- imitation dairy stable of the county, commanding such officer to search products. the house, building, store or other place where imitation butter or imitation cheese or any substance

Seizure and test of dairy

confiscation of imitations.

designed or intended to be used as imitation butter or cheese for which he is required to search is believed to be concealed, which place and property to be searched for shall be designated and described in the warrant, and to bring such property when found and the person or persons in whose possession the same shall be found before the magistrate who issued the warrant or before some other magistrate or court having cognizance of the case.

Sec. 18. When any officer in the execution of a search warrant under the provisions of this act shall products, etc., find any imitation butter or cheese, or any substance designed or intended to be used as an imitation for butter or cheese and for which a search is allowed by this act, all the property so seized shall be safely kept by the direction of the court or magistrate, so long as shall be necessary for the purpose of being produced as evidence on any trial; Provided, That it shall be the duty of the officer who serves a search warrant issued for imitation butter or imitation cheese or any substance designed or intended to be used as imitation butter or cheese and alleged to be in his possession or under the control of any person or persons contrary to law, to deliver to any person authorized in writing to receive the same, a true and perfect sample of each article seized by virtue of such warrant, for the purpose of having the same analyzed; such analysis to be made by a chemist of any State institution and the result of such analysis or test shall be recorded and preserved as evidence, and the expense of such analysis or test, not exceeding twenty dollars in any one case may be included in the cost of such prosecution. If any sample be found to be imitation butter or imitation cheese, or substance designed or intended to be used as an imitation for butter or cheese, and that the same, at the time of such seizure, was in the possession or under the control of any person or persons contrary to any of the provisions or requirements of this act, then and in such case the property so seized shall be confiscated under the direction of the court or magistrate; otherwise the said property shall be forthwith returned to the person or persons from whom it was taken.

Sec. 19. Chapter 63 of the Session Laws of 1894, of the Legislative Assembly of the Territory of Utah is hereby repealed.

Approved March 21, 1896.

CHAPTER LXI.

SECRETARY OF STATE.

AN ACT defining the duties of the Secretary of State, fixing his bond, and regulating the fees for services performed in his office.

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

SECTION 1. The Secretary of State is charged Secretary of with the custody:

1. Of the enrolled copy of the Constitution. 2. Of the acts and resolutions, passed by the Legislature.

3. Of the journals of the Legislature, and all bills, resolutions, memorials, petitions and claims, introduced in the Senate or the House of Representatives.

4. Of the great seal.

5. Of all books, records, deeds, parcels, maps and papers kept or deposited in his office, pursuant to law.

State has custody of records.

Sec. 2. In addition to the duties prescribed by Duties of Secrethe Constitution, it is the duty of the Secretary of tary of State. State:

1. To attend at every session of the Legislature for the purpose of receiving bills and resolutions thereof, and to perform such other duties as may be devolved upon him by resolution of the two houses, or either of them.

2. To keep a register of and attest the official acts of the Governor.

3. To affix the great seal with his attestation, to commissions, pardons, and other public instruments to which the official signature of the Governor is required.

4. To record in proper books all conveyances made to the State, and to file all articles of incorporation deposited in his office.

5. To receive and record in proper books the offcial bonds of all State officers required to give bond, and then deliver the originals to the State Treasurer.

6. To take and file in his office receipts for all books distributed by him, and to direct the county clerk of each county to do the same.

7. To certify to the Governor the names of those retary of State, parties who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the Governor.

8. To furnish on demand to any person paying the fees therefor, a certified copy of all or any part of any law, record or other instrument filed or deposited or recorded in his office.

9. To deliver to the printer entitled to the same at the earliest day practicable after a final adjournment of each session of the Legislature, copies of all laws, resolutions (with marginal notes), and journals, kept, passed or adopted at such session, with proper indexes of the same.

10. To notify in writing the County Attorney of the proper county of the failure of any officer in his county to file in his office a sworn statement of fees received by such officer, when such sworn statement is required by law.

11. To present to the Legislature, at the commencement of each session thereof, a full account of all purchases made and expenses incurred in furnishing fuel, lights and stationery.

12. To keep a fee-book, in which must be entered all fees, commissions, and compensation of whatever nature or kind by him earned, collected or charged; with the date, name of payer, paid or unpaid, and the nature of the service in each case, which book must be verified annually by his affidavit entered therein.

13. To file in his office descriptions of seals in use by the different State officers, and furnish such officers with new seals whenever required.

14. To discharge the duties of member of all official boards of which he is or may be made a member by the Constitution or Laws of the State, and all other duties required of him by law.

15. To report to the Governor on or before the first day of January preceding the biennial session of the Legislature a detailed account of all official actions since his previous reports, and accompanying the report with a detailed statement, under oath, of the manner in which all appropriations for his office have been expended.

16. To receive, designate and record all trademarks.