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titled "An act to secure liens for mechanics, laborers, material men and other persons” approved February 7th, 1899, be amended to read as follows:
Section 1. Any person who does any labor on a farm or land in tilling the same, or in cultivating, harvesting, threshing, or housing any crop or crops raised thereon has a lien on such crop or crops for such labor, and such lien shall be a preferred and prior lien thereon to any crop or chattel mortgage placed thereon, and any mortgage taking a chattel or crop mortgage on any crop or crops, upon which any person shall perform labor in cultivating, harvesting, threshing, or housing said crop, shall take such mortgage subject to, and such mortgage shall be a subsequent lien to that of the person or persons performing such labor as to a resaonable compensation for such labor: Provided, That the interest in any crop of any lessor or lessors of land where the premises are leased in consideration of a share in the crop raised thereon is not subject to such lien.
Approved the 10th day of March, 1903.
HOUSE BILL NO. 96.
AN ACT AMENDING SECTION THREE THOUSAND EIGHT HUNDRED
AND FORTY-ONE (3841) OF THE REVISED STATUTES RE
LATING TO THE JURISDICTION OF PROBATE COURT, Be it enacted by the Legislature of the State of Idaho:
SECTION 1. That section three thousand eight hundred and forty-one (3841) of the Revised Statutes of Idaho be and the same is hereby amended to read as follows:
Section 3841. The probate court has jurisdiction:
1. To open and receive proof of last wills and testaments and to admit them to proof;
2. To grant letters testamentary of administration and of guardianship, and to revoke the same;
3. To appoint appraisers of estates of deceased persons;
4. To compel executors, administrators and guardians to render accounts;
5. To order the sale of the property of estates, or belonging to minors;
6. To order the payment of debts due from estates;
7. To order and regulate all distributions of property or estates of deceased persons;
8. To compel the attendance of witnesses and the production of title deeds, papers and other property of an estate or of a minor;
9. To make such orders as may be necessary to the exercise of the powers conferred upon it.
In addition to their probate jurisdiction to hear and determine all civil causes, including actions to enforce mechanics or laborer's liens, mortgages and other liens upon real and personal property situated in their county, wherein the debt or damage claimed does not exceed the sum of five hundred dollars, exclusive of interest, and concurrent jurisdiction with justices of the peace in criminal cases.
SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Approved the 27th day of February, 1903.
HOUSE BILL NO 97.-SUBSTITUTE FOR HOUSE BILL NO. 56.
AND OIL PRODUCTS; TO PREVENT DECEPTION OR FRAUD
SECTION 1. It shall be unlawful for any person to sell or offer for sale, or furnish or deliver to any creamery, cheese factory, corporation, person or persons whatsoever, as pure, wholesome, and unskinned, any unmerchantable, adulterated, skimmed, impure or unwholesome milk.
SEC. 2. In all prosecutions or other proceedings under this or any other law of the 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, or unskimmed milk, contain less than three per centum of pure butter fat, or less than eight per centum of milk solids other than fat, when subjected to chemical analysis or other satisfactory tests, or that it, or any part of it, was drawn from cows known by the person complained of to have been within
fifteen days before or four days after partrition, or to have any disease or ulcers or other running sores, then and in either case the said milk shall be held and judged to be unmerchantable, adulterated, impure, or unwholesome, as the case may be, and if it shall appear that the cows kept for the production of milk or cream, for market or sale or erchange, or for manufacturing their milk into articles of food, are kept in a crowded or unhealthy condition, or are being fed on distellery waste or other substances in a state of putrefaction or rottenness, or upon any substance of an unhealthful nature, the milk or cream from same is hereby declared impure and unwholesome. Any milk or cream that has been exposed to or contaminated by emanation, discharges, or exhalation from persons or animals, or to which has been added any borax, boracic acid, salicylic acid, or any other poisonous substance which prevents or tends to prevent the normal bacterial action of milk, is hereby declared to be impure and unwholesome.
Sec. 3. Cream cheese under this act shall contain not less than thirty per centum of pure butter fat and have been manufactured from pure and wholesome milk, from which no portion of the butter fat shall have been removed by skimming or by other process, and in the manufacture of which neither butter or any substance for butter, or any animal or vegetable fats or oils, have been used, or any fat which has been extracted from milk in any form and returned for the purpose of filling said cheese. All cheese containing less than thirty per centum of pure butter fat shall be marked "Skimmed Cheese” in full face capital letters not less than one inch high, with such ink as is not easily removed by moisture. The manufacture or sale of any cheese containing less than fifteen per centum of pure butter fat, or so-called "filled cheese,” is hereby prohibited: Provided, That nothing in this section shall be construed to Edam, Brickstein, Pineapple, Limburger or Swiss cheese, or hand made cheese or any other fancy cheese: Provided, further, That cheese not made in this State, but which shall be sold of offered for sale in this State, shall be so stamped as to indicate its true character; and, Provided, further, That no cheese shall be stamped “full cream” which does not in every particular comply with the requirements of “full cream” cheese, as hereinbefore set forth, except as to place of manufacture.
SEC. 4. The dairy and oil commissioner, shall furnish blanks to all proprietors or managers of creameries, cheese factories, or milk dairies that ship milk and all vendors and peddlers of milk and dairy goods handled, and all owners or managers of such creameries and cheese factories and all milk daries, milk vendors, or milk peddlers shall fill out the blanks giving a full and accurate report of the business done during the year, and send it to the dairy food and oil commissioner before the first day of November of each year; every person or corporation who shall engage in the business of purchasing or dealing in milk shall attach in a permanent manner to each can furnished by him or the producer a tag containing in plain figures a correct statement of capacity thereof.
Any neglect or failure or false statement on the part of the proprietor or manager of such creamery, cheese factory, dairy, or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof shall be punished as provided in Section 30: Provided, That any information thus furnished shall be published only in such form as to show totals and averages, and not the details of the business of any individual or concern.
SEC. 5. No person, by himself, his agents, or his servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell or serve to patrons, guests, boarders, or inmates of any hotel, eating house, restaurant, public conveyance, boardig house or public or private hospital, asylum, school or eleemosyuary or penal institution, any article, product, or compound made wholly or partly out of any fat, or oil, or oleaginous substance or compound thereof, not produced directly and wholly at the time of manufacture from unadulterated milk or cream from the same, with or without harmless coloring matter, which shall be in imitation of yellow butter produced from pure, unadulterated milk or cream from the same: Provided, That nothing in this act shall be construed to prohibit the manufacture and 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 which causes it to resemble butter, or the use of the same by patrons, guests, boarders, or inmates of any hotel, eating house, restaurant, public conveyance, or boarding house, when signs
are displayed in a conspicuous place that may be easily read from any part of the room.
SEC. 6. It shall be unlawful for any person to sell or offer for sale or exchange, or have in his possession for sale, any cheese containing any substance except sale, rennet, and harmless coloring matter, other than that produced from pure milk or cream, or both, or from pure skimmed or pure half-skimmed milk.
SEC. 7. The State Horticultural Inspector shall also be the Dairy, Pure Food and Oil Commissioner.
SEC. 8. It shall be the duty of the Dairy, Pure Food and Oil Commissioner to enforce all laws that now exist or that may be hereafter enacted in this State regarding the protection, manufacture, or sale of dairy produce, and inspect any article of milk, butter, cheese, or imitations thereof, made or offered for sale within the State, which he may suspect or have reason to believe to be impure, unhealthful, adulterated, or counterfeit; and to prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations engaged in the manufacture or sale of any adulterated or counterfeit dairy products contrary to law.
SEC. 9. Any person who shall violate any of the provisions of this act, or who shall obstruct the Dairy, Pure Food and Oil Commissioner in the performance of his duties under this act by refusing him entrance to any place enumerated in the preceding section, or by refusing to deliver to him any dairy products or imitations thereof upon demand, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 30 of this act.
SEC. 10. The Dairy, Pure Food and Oil Commissioner and Horticultural Inspector shall receive a salary of eighteen hundred dollars ($1,800.) per annum, one-half of which shall be paid from the funds provided under this act, and the Secretary of the Board of Dairy, Pure Food and Oil Commissioner shall be the Secretary of the State Board of Horticultural Inspection and his salary shall not exceed seven hundred dollars ($700.) per annum, one-half of which shall be paid from the funds provided under this act and one-half from the funds provided for horticultural inspection.
SEC. 11. It shall be the duty of the Attorney General