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place of business of the employer, or may be served by mail properly addressed to the employer.

The employee is presumed to have assumed the necessary risks and no others. Whether he assumed the risk in question, is a question of fact for the jury. Where an employee discovers a defect, and fails to give notice of the same to the employer or superintendent within a reasonable time, he can have no recovery if injured thereby, unless it appears that the employer or his superintendent knew of the defect. It is generally provided that an employer may set off in mitigation of damages a proportion of the sum which he may have contributed towards. insurance of the employee.

Practically all of the "Employers' Liability Acts" expressly include railroads. In New York there is a separate act. The Federal Act of April 22, 1908 (35 Stat. at Large, p. 67) applies only to railroads when employed in inter-state commerce and to those in the Territories, District of Columbia and possessions of the United States. It is similar to those above, but provides that contributory negligence on the part of the employee shall not bar a recovery but that damages shall be diminished by the jury in proportion to the degree of negligence.

The statutes of Alabama and Massachusetts are practically similar. Notice there must be given within sixty days, and the action commenced within one year.

Indiana has the same general rule, but without any time of limitation for the commencement of the action.

In Colorado, it is provided that where the injury results from the negligence of a fellow employee, recovery is limited to five thousand dollars. Notice to the employer must be given within sixty days, and the action commenced within two years.

In Illinois and Georgia, the Federal rule regarding slight negligence, as noted above, is followed.

While the statutes abrogate the common law, and accordingly, should be construed strictly, nevertheless the courts are inclined. to look to the purpose of the act, and in general, give a liberal construction. The interpretations placed upon the various words and phrases, of course, vary somewhat in different localities; and it would be impossible here to enter into all the different shades and varieties of opinion which the courts have set up.

PURE FOOD AND DRUG LAW.

Being Chapter 3915 of the First Session of the Fifty-ninth Congress, June 30, 1906.

This is a law, passed to regulate the traffic in foods and drugs, whether manufactured in the United States, or imported from a foreign country to be used in the United States.

The term "drug" includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food" includes all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.

Any person violating the provisions of this act is guilty of a misdemeanor, and for each offense is subject to a fine not exceeding five hundred dollars or one year's imprisonment, or both fine and imprisonment, in the discretion of the court; and for each subsequent offense is subject to a fine of not less than one thousand dollars or one year's imprisonment, or both fine and imprisonment, in the discretion of the court.

An article shall be deemed adulterated,

In the case of drugs:

1. If, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined there. Provided, that no such drug shall be deemed adulterated if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof.

2. If the strength or purity fall below the professed standard or quality under which it is sold.

In the case of confectionery:

If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor. or other ingredient

harmful to health, or any vinous, malt, or spirituous liquor, or compound or narcotic drug.

In the case of food:

1. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any substance has been substituted wholly or in part for the article.

3. If any valuable constituent of the article has been wholly or in part abstracted.

4. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

5. If it contain any added poisonous or other harmful ingredient which might render such article injurious to health; provided that where substances are added to the preparation which can readily be removed by external mechanical means, and the directions for removal are printed plainly on the covering or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.

6. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

The term "misbranded" shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

An article shall also be deemed misbranded in the case of drugs:

I. If it be an imitation of, or offered for sale under the name of, another article.

2. If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall

have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.

In the case of food:

1. If it be an imitation of, or offered for sale under the distinctive name of, another article.

2. If it be labeled or branded so as to deceive the purchaser, or purport to be a foreign product when it is not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents put in the package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.

3. If in package form where the contents are stated in weight or measure, and not plainly and correctly stated on the outside of the package.

4. If the package containing a substance, or its label, should bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular; Provided, that an article of food which does not contain any added poisonous or harmful ingredients shall not be deemed to be adulterated or misbranded in the following cases:

a. In the case of mixtures or compounds which may now or hereafter be known as articles of food, under their own distinctive names, and which are not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

b. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is

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offered for sale; Provided, that the term "blend" as used herein. shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; And further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

A guaranty obtained by a dealer from the wholesaler, jobber, or manufacturer, that the articles which he purchases from them are not adulterated or misbranded within the meaning of this act, shall protect the party making the sale of such articles from any fine or penalty.

Any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this act, and is being transported from one State, Territory, district, or peninsular possession, to another for sale, or having been transported remains unloaded or unsold, or if it be offered for sale, or if it be imported from a foreign country for sale, or intended for exportation to a foreign country, is liable to be seized and confiscated, and may be destroyed or disposed of, and the proceeds, less the costs, paid into the treasury of the United States. But the owner may prevent such confiscation or sale by a good and sufficient bond that such articles are not to be sold or otherwise disposed of contrary to the provisions of this act.

The Secretary of the Treasury shall deliver to the Secretary of the Board of Agriculture, from time to time, samples of foods and drugs which are being imported in the United States for sale, or offered for exportation; and if found adulterated or misbranded within the meaning of this act, or dangerous to health, may refuse admission; but pending the decision on this matter, the goods may be delivered to the owner on the deposit of a good and sufficient security.

It is provided that the act or omission of an agent, if within the scope of his authority, shall be deemed the act of the person or corporation whom he represents.

This act took effect the 1st day of January, 1907.

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