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 official 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. Duties of Sec 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 a 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. 17. He must deliver of the bound volumes of decisions of the supreme court, as soon as he receives them, to the clerk of the supreme court as State law librarian, a sufficient number to be distributed by the latter, as follows: To the library of Congress and the State law library, each two copies; to such of the states and territories of the United States as will exchange reports with this State, each one copy. To the Governor of this State, and to the United States district judge for this State, to each of the justices of the supreme court, and to each of the justices of the district courts of the State, one copy. To the Attorney General one copy, to each county attorney one copy, to each clerk of the district court, one copy. laws, journals, Sec. 3. Immediately after the laws, resolutions Distribution of and journals mentioned in subdivision 9 of the pre- etc. ceding section are bound, the Secretary of State must distribute them as follows: 1. To each department of the government at Washington and of the government of this State, one copy. 2. To the library of Congress and the State law library, two copies each. copy. 3. To each of the states and territories, one 4. To the United States district judge for this State, to each of the judges of the supreme and district courts, and to each of the State officers of this State, one copy. 5. To each member of the Legislature, secretary of the Senate, chief clerk of the House of Representatives at the session at which such laws were adopted, one copy. 6. To each of the incorporated colleges of the State and the University of Utah, one copy. 7. To the county clerk of each county, three copies for the use of the county. 8. To each county attorney and to each clerk of the district court, one copy. State books to Sec. 4. The Secretary of State must indelibly Distributed mark each book distributed to officers in this State (ex- be marked. cept legislative officers), with the name of the county to which, and the official designation of the officer to whom it is sent. Such marked books remain the prop |
