CHAP. 35 Right of way shall not be acquired except by adverse use for 20 years. case contest. Chapter 35. An Act additional to Section twelve of Chapter one hundred and seven Be it enacted by the Senate and House of Representatives in Section I. No right of way or other easement through, in, upon or over the land of another shall be acquired by the adverse use and enjoyment thereof by the public or any class of persons, unless such use and enjoyment is continued uninterruptedly for twenty years; and if the owner of such land -proceedings apprehends that such right or easement may be acquired, he may give notice in writing of his intention to contest such right or easement, by causing a copy of such notice to be posted in a conspicuous place on the premises; the person posting such notice shall make his return, verified by affidavit, on the original notice, and the whole shall be recorded in the registry of deeds in the county or district where the land lies, within three months from the time of such posting; and such notice being so recorded, shall be deemed an interruption of such use, and prevent the acquisition of a right thereto. -shall post notice. -shall make record in registry of deeds. Section 2. This act shall take effect when approved. Approved March 7, 1905. Section 17, chapter 53, R. S., amended. Street extend lines. Chapter 36. An Act to amend Section seventeen of Chapter fifty-three of the Revised Be it enacted by the Senate and House of Representatives in Section I. Section seventeen of chapter fifty-three of the 'Section 17. Any street railroad corporation in this state railroads may may be authorized to extend, construct, maintain and operate its road to, into and through cities and towns other than and in addition to those named in its charter or articles of association, and to other points or places within the cities or towns where built or located, on application to the board of railroad commissioners, and by compliance with and subject to the provisions of section seven of this chapter; the right of any connecting street -provisions. railroad company specially conferred upon it by its charter shall be preserved unimpaired.' Section 2. This act shall take effect when approved. Approved March 7, 1905. CHAP. 37 Chapter 37. An Act to amend Section twenty-five of Chapter one hundred and fourteen of the Revised Statutes, relating to the relief of Poor Debtors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section twenty-five of chapter one hundred and fourteen of the revised statutes is hereby amended by adding thereto the following: 'Should the owner of said judgment or his attorney neglect to have the original petition and subpoena before said magistrate at the time therein designated for said disclosure, upon prayer therefor said magistrate shall issue an execution. against said judgment owner in favor of said debtor for his travel at six cents per mile and attendance at one dollar and fifty cents, if he actually attends at said time and place, and said debtor shall not thereafter be compelled to disclose on said judgment until said execution has been satisfied,' so that said section as amended, shall read as follows: Section 25, chapter 114, R. S., amended. Debtor shall appear and examination. 'Section 25. At such time and place, the debtor shall appear and submit himself to examination on oath concerning his estate submit to and effects, their disposal and his ability to pay the judgment. Should the owner of said judgment or his attorney neglect to have the original petition and subpoena before said magistrate at the time therein designated for said disclosure, upon prayer therefor, said magistrate shall issue an execution against said judgment owner in favor of said debtor for his travel at six cents per mile and attendance at one dollar and fifty cents, if he actually attends at said time and place, and said debtor shall and per diem. not thereafter be compelled to disclose on said judgment until said execution has been satisfied.' Approved March 7, 1905. -debtor may have travel CHAP. 38 Section 6, chapter 129, R. S., amended. Imitations of butter or Oleomargarine, furnishing of, regulated. Renovated butter shall be labeled as such. Penalty for violation of this act. Section 8, chapter 129, R. S., amended. Butter and cheese defined. Chapter 38. An Act to regulate the sale of imitation Dairy Products. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Section six of chapter one hundred and twentynine of the revised statutes is hereby amended by striking out the whole of said section and inserting in place thereof the following: 'Section 6. No person shall manufacture, sell, expose for sale or have in his possession with intent to sell, or take orders for the future delivery of any article, substance or compound made in imitation of yellow butter or cheese, and not made exclusively and wholly of cream or milk, or containing any fats, oil or grease not produced from milk or cream, whether said article, substance or compound be named oleo-margarine, butterine, or otherwise named.' Section 2. No person shall furnish oleo-margarine in any hotel, restaurant or boarding house, or at any lunch counter, to a guest or patron thereof, instead of butter, without notifying said guest or patron that the substance so furnished is not butter. Section 3. No person shall sell or offer for sale to any person who asks, sends or inquires for butter or cheese, any substance or compound made in imitation of butter or cheese. Section 4. No person shall sell, offer or expose for sale any renovated butter, unless the words 'renovated butter' shall be conspicuously and plainly stamped, labeled or marked, so that said words cannot be easily defaced, upon the top and side of every tub, firkin, box or package containing said article or compound. The seller at retail of said article or compound, which is not in the original package, shall attach to each package so sold and deliver therewith to the purchaser a label or wrapper bearing in a conspicuous place upon the outside of the package the words 'renovated butter.' Section 5. Any person who violates any provision of the four preceding sections shall be punished for the first offense by a fine not exceeding one hundred dollars and for the second offense by a fine not exceeding two hundred dollars. Section 6. Section eight of chapter one hundred and twentynine of the revised statutes is hereby amended by striking out the words "the two preceding sections" in the first line thereof and inserting in place thereof the words 'this chapter,' so that said section as amended, shall read as follows: 'Section 8. For the purposes of this chapter, the terms. 'butter' and 'cheese' mean the products usually known by those names, and which are manufactured exclusively from milk or cream, or both, with salt and rennet, and with or without coloring matter.' Section 7. This act shall take effect when approved. Approved March 7, 1905. Chapter 39. An Act regulating the duties of the Commissioner of Agriculture relating to the manufacture and sale of Dairy Products and their imitations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section nine of chapter sixty of the revised statutes is hereby amended by striking out the first paragraph of said section and inserting in the place thereof the following: "The commissioner of agriculture shall inquire into the methods of making butter and cheese in creameries or cheese factories, together with the methods of taking, preserving and testing samples of milk and cream in the same, investigate all dairy products and the production thereof, and shall disseminate such information as will tend to produce a better quality thereof. He shall act for the state in the enforcement of the laws relating to the production, sale or manufacture of milk, oleo-margarine or renovated butter;' so that said section as amended, shall read as follows: 'Section 9. The commissioner of agriculture shall inquire into the methods of making butter and cheese in creameries or cheese factories, together with the methods of taking, preserving and testing samples of milk and cream in the same, investigate all dairy products and the production thereof, and shall disseminate such information as will tend to produce a better quality thereof. He shall act for the state in the enforcement of the laws relating to the production, sale or manufacture of milk, oleo-margarine or renovated butter; and for the above purposes he may employ chemists, agents and counsel, as may be necessary for the proper enforcement of such laws; and for such expenses there shall be appropriated a sum not exceeding five hundred dollars, to be allowed upon the approval of the governor and council upon the presentation of proper itemized vouchers.' Section 2. He and his agents and assistants shall have access Shall have to all places of business, factories, buildings, carriages and cars factories." used in the manufacture, transportation or sale of dairy products all CHAP. 40 -penalty for hindrance in of his duties. or imitations thereof, and to all vessels and cans used in the manufacture and sale of dairy products and their imitations. Whoever hinders, obstructs, or in any way interferes with the performance commissioner of agriculture, his agents, a milk inspector or other authorized officer in the performance of his duty shall be punished by a fine of one hundred dollars for the first offense and of two hundred dollars for each subsequent offense. Section 3. This act shall take effect when approved. Approved March 7, 1905. Section 3, chapter 129, R. S., amended. Sale of impure milk forbidden. -penalty for violation of this act. -standard milk, analysis oˆ. Chapter 40. An Act to regulate the sale of Milk and Cream. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Section three of chapter one hundred and twentynine of the revised statutes is hereby amended by striking out the whole of said section and inserting in place thereof the following: 'Section 3. Whoever sells or offers for sale, milk or cream from cows known to be diseased, or from cows sick, or fed upon any substance deleterious to its quality, or kept in a filthy or unsanitary condition, or milk to which water or any foreign substance has been added, or sells or offers for sale as pure milk, any milk from which the cream has been taken, or milk in or from cans or other utensils that are not kept in a clean or sanitary condition, shall for a first offense be punished by a fine not exceeding fifty dollars, and for a second offense by a fine not exceeding one hundred dollars. When milk shall, by analysis, be found to contain over eighty-eight per cent of water or less than nine per cent of solids exclusive of fat, it shall be deemed prima facie evidence that said milk has been watered, and when milk, by analysis, shall be found to contain less than twelve per cent of solids and less than three per cent of fat, it shall be deemed prima facie milk from which cream has been taken, and any milk which, by analysis, shall be found to contain any foreign substance, shall be deemed milk to which a foreign substance has been added.' Section 2. This act shall take effect when approved. Approved March 7, 1905. |