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To render an inspector liable in damages for injury resulting from falsely branding oil as of a certain grade when it was of a lower grade, it must appear that the inspector acted wilfully or negligently: Hatcher v. Dunn, 71 N. W., 343.

CHAPTER 12.

OF THE INSPECTION OF PASSENGER BOATS.

SECTION 2511. Inspectors. The governor shall appoint one or more suitable persons as inspectors of passenger boats, to hold office for two years from the first Monday in May in each evennumbered year, unless sooner removed, who shall qualify by taking an oath, to be indorsed upon the certificate of appointment, faithfully and honestly to discharge the duties of the office. [22 ̊G. A., ch. 107, § 2.1

SEC. 2512. Certificates-fees. Any inspector, on the request of the owner, agent or master of any sail or steamboat upon the inland waters of the state having a carrying capacity of five or more passengers, shall carefully and thoroughly inspect such boat, its appliances and machinery, and, if found in proper condition and safe for the carriage of persons or passengers, give his certificate thereof, including therein the number of persons or passengers that may be carried, and on what waters; which certificate, or a copy thereof, shall be posted in a conspicuous place on the boat, and any boat so inspected and certified shall be entitled to run for the season following the date thereof. In like manner, upon the request of any pilot or engineer for a license as such, the inspector shall forthwith investigate the competency of the applicant, his acquaintance with and experience in his business, his habits as to sobriety, and other qualifications, and, if found capable of performing well his duties, and of good habits, he shall issue his certificate authorizing him to act as pilot or engineer, as the case may be, for five years from the date thereof, unless sooner revoked for cause, which revocation when made shall take effect upon approval by the governor. The inspector may charge and require advance payment for inspection, for each sailboat, one dollar, each steamboat with a capacity of not more than twenty persons, five dollars, those of greater capacity, ten dollars, and for each applicant for license as pilot or engineer, three dollars. [Same, §§ 3-5.]

SEC. 2513. Penalties. If any owner, agent or master of any sail or steamboat, having a capacity of carrying five or more persons, plying the inland waters of the state, shall hire, or offer to hire, such sail or steamboat for the carrying of persons, or receive persons thereon for hire, without first obtaining annually, before the boating season, a certificate as in this chapter required, or if such owner, agent or master, having obtained such certificate, shall permit or receive for carriage on such boat a greater number of persons

than authorized therein, or if any person shall act as pilot or engineer on any boat mentioned for which inspection and license are herein required, without first obtaining a license therefor, or if, having such license, he continues to follow such avocation after the same has been revoked, or has expired, he shall be fined in a sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or punished by both fine and imprisonment; but the provisions of this chapter shall not apply to vessels licensed by authority of the United States. [Same, §§ 1, 3, 4.]

SEC. 2514. Reports. Each inspector annually, on or before the first day of January, shall report to the governor the number and date of licenses granted pilots or engineers, to whom issued, the date thereof, the number of sail and steamboats inspected, the time and place of inspection, upon what waters to be used, and such other matters as may be considered useful or of general interest, with the total amount of fees received from all sources. [Same, § 6.]

By chapter 84, laws of the Twenty-eighth General Assembly, section 2512 amended by striking out in second line the words "any sail or steamboat" and inserting "boat other than rowboat;" also in twenty-first line striking out word "steamboat" and inserting "boat propelled by other power. Other sections made to conform to these amendments.

CHAPTER 13.

SHIPPING IMITATION BUTTER OR CHEESE.

SECTION 2516. Imitation butter or cheese. Every article, substitute or compound, save that produced from pure milk or cream from milk of cows, made in the semblance of or designed to be used for and in the place of butter, is imitation butter; and every article, substitute or compound, save that produced from pure milk or cream from milk of cows, made in the semblance of or designed to be used for and in the place of cheese, is imitation cheese. No one shall manufacture, have in his possession, offer to sell or sell, solicit or take orders for delivery, ship, consign or forward by any common carrier, public or private, and no common carrier shall knowingly receive or transport, any such imitation butter or cheese, except in the manner and subject to the regulations in this chapter provided. [25 G. A., ch. 46, §§ 2, 5; 21 G. A., ch. 52, §§ 1, 3; 19 G. A., ch. 170, § 4.] SEC. 2517. Substitute for butter or cheese-regulations as to sale and use-transportation. A substitute for butter and cheese, not having a yellow color nor colored in imitation of butter and cheese as prohibited in the next section, may be manufactured, kept in possession, offered for sale, sold, shipped, consigned or forwarded by common carriers, public or private, if each tub, firkin, box or other package in which the same is kept, offered for sale, sold, shipped, consigned or forwarded shall have branded, stamped

or marked on the side or top thereof in the English language, in a durable manner, the words, "substitute for butter" or "substitute for cheese," as the case may be, the letters of the words to be not less than one inch in length by one-half inch in width. The defacing, erasure, canceling or removal of this brand or mark, with intent to mislead, deceive, or violate any provision of this chapter, is prohibited. Such substitute for butter or cheese may be kept, used or served as a food or for cooking in hotels, restaurants, lunch counters, boarding houses or other places of public entertainment, only in case the proprietor or person in charge of such place shall display and keep constantly posted a card opposite each table or other place where the guests or others are served with the same, which card shall be white, at least ten by fourteen inches in size, the words, "substitute for butter used here," or "substitute for cheese used here," as the case may be, printed in black Roman letters of the same size as herein required to be placed upon the tubs, firkins, boxes or other package in which substitute for butter or cheese is kept, and no other words or figures shall be printed thereon. No substitute for butter or cheese shall be offered for sale in the manufacturer's original package under the name of or for true butter or cheese made from the milk or cream of cows, nor shall any substitute for butter or cheese be offered for sale or sold unless the purchaser at the time was informed thereof, and, in addition, furnished with a printed statement in the English language in prominent type that the substance sold is such substitute, and giving the name and place of business of the maker. Nothing herein contained, however, shall be so construed as to prohibit the transportation of imitation butter or cheese through and across the state. [25 G. A., ch. 46, §§ 4, 7, 8; 25 G. A., ch. 45, § 1; 21 G. A., ch. 52, §§ 2, 5, 6, 9.]

CHAPTER 15.

FISH, BIRDS AND GAME,

SECTION 2555. Shipping out of state. No person, company or corporation shall at any time ship, take or carry out of this state any of the birds or animals named in this chapter; but it shall be lawful for any person to ship to any person within this state any game birds named, not to exceed one dozen in any one day, during the period when the killing of such birds is not prohibited; but he shall first make an affidavit before some person authorized to administer oaths that said birds have not been unlawfully killed, bought, sold or had in possession, are not being shipped for sale or profit, giving the name and post-office address of the person to whom shipped, and the number of birds to be so shipped. A copy of such affidavit, indorsed "a true copy of the original" by the person administering the oath, shall be furnished by him to the affiant,

who shall deliver the same to the railroad agent or common carrier receiving such birds for transportation, and the same shall operate as a release to such carrier or agent from any liability in the shipment or carrying of such birds. The original affidavit shall be retained by the officer taking the same, and may be used as evidence in any prosecution for violation of the sections of this chapter relating to game. Any person knowingly and wilfully swearing falsely to any material fact of said affidavit shall be guilty of perjury. [17 G. A., ch. 156, § 6.]

SEC. 2557. Receiving for transportation. If any railway or express company or other common carrier, or any of their agents or servants, receive any of the fish, birds or animals mentioned or referred to in this chapter for transportation or any other purpose, during the period herein before limited and prohibited, or at any other time except in the manner provided in this chapter, he or it shall be punished by a fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the county jail for thirty days, or by both such fine and imprisonment.

TITLE XIV, CHAPTER 6.

CONVEYANCE OF REAL ESTATE.

SECTION 2939. Recording land grants. Every railroad company which owns or claims to own real estate in this state, granted by the government of the United States or this state to aid in the con. struction of its railroads, where it has not already done so, shall place on file and cause to be recorded, in each county wherein the real estate granted is situated, evidence of its title or claim of title, whether the same consists of patents from the United States, certificates from the secretary of the interior, or governor of this state, or the proper land office of the United States or this state. Where no patent was issued, reference shall be made in said certificate to the act or acts of congress, and the acts of the legislature of this state, granting such lands, giving the date thereof, and date of their approval under which claim of title is made; but where the certificate of the secretary of the interior or the patents contain real estate situated in more than one county, the secretary of state shall, upon the application of any railroad company or its grantee, prepare and furnish, to be recorded, a list of all the real estate situated in any one county so granted, patented or certified; and all such evidences of title shall be entered by the auditor upon the index, transfer and plat books. [18 G. A., ch. 186, § 1.]

SEC. 2940. Notice. Such evidence of title shall be filed with the recorder of deeds of the county in which the real estate is situated, who shall record the same, and place an abstract thereof

upon the index of deeds, so as to show the evidence of title; and the recording thereof shall be constructive notice to all persons, as provided in other cases of entries upon said index, and the recorder shall receive the same fees therefor as for recording other instruments. [Same, § 2.]

TITLE XV, CHAPTER 8.

MECHANICS' LIENS.

SEC. 3091. Lien on work of internal improvement. When such material has been furnished or labor performed in the construction, repair or equipment of any railroad, canal, viaduct or other similar improvements, the lien therefor shall attach to the erections, excavations, embankments, bridges, road-bed, and all land upon which the same may be situated, and the rolling stock and other equipment belonging to any such railroad, canal, viaduct or other company, all of which, except the easement or right of way, shall constitute the building, erection or improvement provided and mentioned in this chapter. [16 G. A., ch. 100, § 5.]

CHAPTER 10.

OF WAREHOUSEMEN, CARRIERS, HOTELKEEPERS, SECTION 3122. Elevator or warehouse certificates. persons, firms or corporations engaged in owning or dealing in grains, seeds or other farm products; the slaughtering of cattle, sheep and hogs, and dealing in the various products therefrom; the buying or selling of butter, eggs, cheese, dressed poultry or other commodities; who own or control the buildings wherein any such business is conducted, or such commodities stored, may issue elevator or warehouse certificates for any of such commodities actually on hand and in store, the property of the person, firm or corporation issuing such certificate, and may by such method sell, assign, transfer, pledge or incumber such commodity to the amount described in such certificate. Such certificates shall contain the name and address of the person, firm or corporation using them, and the name and address of the party to whom issued, the location of the elevator, warehouse, building or other place where the commodity therein described is stored, the date of the issuance of such certificate, the quantity of each commodity therein mentioned, the brands or marks of identification thereon, if any, and be signed by the person or firm issuing the same, unless issued by a corporation, in which case they shall be signed by such corporation by its secretary or business manager, if it has such manager other than its secretary. [25 G. A., ch. 48; 24 G. A., ch. 44, § 1; 21 G. A., ch. 165, § 1.]

SEC. 3123. Declaration. Before any such person, firm or corporation is authorized to issue such elevator or warehouse cer

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