Possession prima facie evidence of intent to violate law. Butter defined. Lard compounds. Sale of com ited as lard. shall be considered prima facie evidence that the same is kept by such person or firm in violation of the provisions of this act, and the state dairy and food commissioner shall be authorized to sieze upon and take possession of such article or substance, and upon the order of any court which has jurisdiction under this act, he shall sell the same for any purpose other than to be used for food; the proceeds derived from fines and the sale of imitation butter shall be paid into the state treasury, to be placed to the credit of the state dairy and food commissioner's fund. SEC. 4. For the purpose of this act the term "butter" shall be understood to mean the product usually known by that name, and which is manufactured exclusively from milk or cream, or both. SEC. 5. This act shall take effect and be in force from and after its passage. Approved April 21, 1891. CHAPTER 12. [H. F. No. 1237.] AN ACT IN RELATION TO THE MANUFACTURE AND SALE Be it enacted by the Legislature of the State of Minnesota : SECTION 1. No person shall within this state manufacpounds prohib- ture for sale, have in his possession with intent to sell, offer or expose for sale or sell, as lard, any substance not the legitimate and exclusive product of the fat of the hog. Misdemeanor to sell substitute for lard not branded. "Lard Substitute" to be labeled on all packages. SEC. 2. Every person who manufactures for sale within this state, has in his possession with intent to sell, offers or exposes for sale, or sells as lard, or as a substitute for lard, or an imitation of lard, any mixture or compound which is designed to take the place of lard and which is made from animal or vegetable oils or fats, or any mixture or compound consisting in part of lard in mixture or combination with animal or vegetable oils or fats, unless the same shall be branded or labeled as hereinafter required and directed, shall be guilty of a misdemeanor and shall upon conviction be subject to the penalties hereinafter provided in this act. SEC. 3. Every person who manufactures for sale, has in his possession with intent to sell, offers or exposes for sale or sells, any substance made in the semblance of lard, or as an imitation of lard, or a substitute for lard, and which is designed to take the place of lard, and which consists of any mixture or compound of animal or vegetable oils or fats other than hog fat in the form of lard, shall cause the tierce, barrel, tub, pail or package containing the same to be distinctly and legibly branded or labeled, in letters not less than one (1) inch in length, with the name of the person or firm making the same, together with the location of the manufactory, and the words "Lard Substitute," and immediately following the same. in letters not less than onehalf () inch in length, with the names and approximate proportions of the several constituents which are contained in the mixture or compound. SEC. 4. Every person who manufactures for sale, has in his possession with intent to sell, offers or exposes for sale or sells, any substance made in the semblance of lard, or as an imitation of lard, or as a substitute for lard, and which is designed to take the place of lard, and which consists of any mixture or compound of lard with animal or vegetable oils or fats, shall cause the tierce, barrel, tub, pail or package containing the same to be distinctly and legibly branded or labeled, in letters not less than one (1) inch in length, with the name of the person or firm making the same, together with the location of the manufactory, and the words "Adulterated Lard," and immediately following, the same, in letters not less than one-half (1) inch in length with the names and approximate proportions of the several constituents which are contained in the mixture or compound. SEC. 5. Every dealer or trader who, by himself or his agent, or as the servant or agent of another person, offers or exposes for sale or sells any form of lard substitute or adulterated lard as herein before defined, shall securely affix or cause to be affixed to the package wherein the same is contained, offered for sale or sold, a label, upon the outside and face of which is distinctly and legibly printed, in letters not less than one-half (1) inch in length, the words "Lard Substitute" or "Adulterated Lard," and immediately following the same, in letters not smaller than long primer, the name and approximate proportions of the several constituents which are contained in the mixture or compound, and shall furnish to the purchaser, at the time of sale, a card upon which is distinctly and legibly printed the name of the article as hereinbefore defined, and a list of the several components of the mixture. or SEC. 6. Every person who manufactures for sale, who offers or exposes for sale or sells, or who serves to guests as keeper of hotel, restaurant, dining room, or in any other capacity, articles of food which have been prepared, either wholly or in part, with lard substitutes or adulterated lard as hereinbefore defined, shall at the time of sale furnish to the purchaser a card upon which is distinctly and legibly printed the words, "This food is prepared with lard substitute (or adulterated lard)," or in case no bill of fare is provided, there shall be kept con stantly posted upon each of the sides of the dining room, in a conspicuous position, cards, upon the face of which is distinctly and legibly printed, in the English language, and in letters of sufficient size to be visible from all parts of the room, the words, "Lard substitute (or adulterated lard) is used in the preparation of the food served here." Possession of SEC. 7. The having in posession of any lard substitute unbranded com- or adulterated lard as hereinbefore defined which is not pounds prima facie violation of branded or labeled as hereinbefore required and directed, upon the part of any dealer or trader, keeper of hotel, restaurant, bakery, or any person engaged in the public sale of such articles or of food prepared therefrom, shall for the purpose of this act be deemed prima facie evidence of intent to sell the same or to use the same in an illegal law. Courts having jurisdiction. Dairy and food commissioner and agents to enforce the law. Access to all places of business, factories and buildings. Penalty for refusing informa tion. manner. SEC. 8. The district and municipal courts and justices. of the peace of this state shall have jurisdiction of all cases arising under this act, and their jurisdiction is hereby extended so as to enable them to enforce the penalties imposed by this act. SEC. 9. It shall be the duty of the state dairy and food commissioner and his assistants, experts, chemists and agents by him appointed, to enforce the provisions of this act. The said commissioner is hereby authorized and empowered to employ such experts and chemists as may be deemed by him necessary for the proper enforcement of the law, their compensation to be fixed by the commissioner. All charges, accounts and expenses authorized by this act shall be paid by the state treasurer upon a warrant drawn by the state auditor. SEC. 10. The said commissioner and assistant commissioners, experts, chemists and others by him appointed, shall have access, ingress and egress to all places of business, factories and buildings where the same is manufactured or kept for sale. They shall also have power and authority to open any package, car or vessel containing such articles which may be manufactured, sold or exposed for sale in violation of the provisions of this act, and may inspect the contents therein and take samples therefrom for analysis. All clerks, book-keepers, express agents, railroad officials, employes or common carriers shall render to them all the assistance in their power, when so requested, in tracing, finding or discovering the presence of any prohibited article named in this act. Any refusal or neglect on the part of such clerk, book-keeper, express agent, railroad officials, employes or common carriers to render such friendly aid, shall be deemed a misdemeanor and be punished by a fine of not less than twenty-five (25) dollars or more than fifty (50) dollars for each and every offense. SEC. 11. In all prosecutions under this act, the costs thereof shall be paid in the manner now provided by law, and such fine shall be paid into the state treasury and Fines to be paid placed to the credit of the state dairy and food commis- into state treassioner's fund. ury. SEC. 12. Any person violating any of the provisions of Penalty for viothis act shall be deemed to be guilty of a misdemeanor, and lation. upon conviction shall be punished by a fine of not less than twenty-five (25) dollars or more than one hundred (100) dollars and costs for each offense, or by imprisonment in the county jail for not less than thirty (30) days or more than ninety (90) days. SEC. 13. All acts and parts of acts inconsistent with this act are hereby repealed. SEC. 14. This act shall take effect and be in force from and after its passage. Approved April 20, 1891. CHAPTER 13. [S. F. No. 453.] AN ACT AUTHORIZING THE FORMATION OF FARMERS' Be it enacted by the Legislature of the State of Minnesota : Farmers' fire insurance com panies. Powers of cor SECTION 1. That it shall be lawful for any number of persons, not less than twenty-five (25), residing in this poration. state, who shall collectively own property of not less than twenty five thousand (25,000) dollars, to form themselves into a company or corporation for mutual insurance against loss or damage by fire or lightning, which corporation shall have perpetual succession, may sue and be sued, contract or be contracted with, plead or be impleaded in any court in this state, and possess the usual powers and duties of corporations; Provided, however, That nothing herein contained shall be construed as amending, repealing or in anywise affecting the existing statutes for the incorporation or operation of county or township farmer fire insurance companies. SEC. 2-They shall organize by adopting and signing articles of incorporation, which shall contain: First-The name of the corporation, which shall not be Articles of inthe same as that previously assumed by any other corpora- corporation. tion in the state. Second-The general nature of its business, and the place of its principal office or headquarters. Third-The names and residence and the value of the real estate owned by the persons, respectively, so associating to form such corporation. Fourth-The time of commencement and the period of duration of such corporation. Where filed. To be approved eral. Fifth-The number, names and places of residence of the directors and of the president, secretary and treasurer of such corporation for the first year of its existence, and the time and place of the election of their successors. SEC. 3. Such articles shall be acknowledged by the persons signing the same in the manner by law provided for the acknowledgment of deeds, and shall be filed for record in the office of the secretary of state. SEC. 4. The secretary of state shall, before recording by attorney gen- such articles, submit the same to the attorney general, who shall examine said articles, and if he find the same to have been executed in conformity to law he shall endorse the word "Approved" thereon, and date, sign and return the same to the secretary of state, who shall thereupon record the same in the records in his office, and shall issue under his hand and official seal and deliver to the said corporation his certificate to the effect that such corporation has been duly incorporated under the provisions of this act, and is authorized to transact business from and after the date thereof. Such certificate shall be recorded in the office of the register of deeds of the county wherein such corporation shall have its principal office, and said certificate and records and any certified copy of such records shall be received in all courts of this state as prima facie evidence that such corporation has been duly organized and created under the laws of the state of Minnesota. Certificate of incorporation and record. Become a corporation on issue of certificate. directors. SEC. 5. Upon the issuance of such certificate the persons therein named shall be and become a corporation and authorized to transact the business of mutual insurance against loss or damage to property by fire or lightning in such manner and upon such terms as in and by its by-laws may be provided. SEC. 6. The general management of the business of said Management by Corporation shall be vested in directors, each of whom shall during his term of office be a policy holder in said corporation. Such directors shall be elected annually, and shall hold their office for one year and until their successors are elected and qualified. The directors shall choose from their own number a president, secretary and treasurer, whose respective terms of office shall be one year, and whose duties and compensation shall be such as may be in the by-laws of the corporation provided. By-laws to be adopted and filed with insur ance commissioner. SEC. 7. Such corporation, before commencing its business, shall prepare and adopt by-laws which shall describe the duties of its officers, the manner, place and time of electing them, the directors, the scheme and manner of transacting its business, and such other rules and regulations as may be deemed essential for the government of the corporation and the management of its affairs. Such by-laws shall not be amended, changed, suspended or repealed except in the manner therein set forth, and a copy of the same and of any |