The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

Sec. 20. The commissioner shall provide
| blanks which shall be furnished to all
proprletofS, managers, or secretaries OF
| creameries and cheese factories within
| the state for the purpose of making a
! report OF the amount of milk and dairy
| goods handled, and embodying such other
Statistical information as the commission
| er may require, and all owners or man
| ayers or secretaries of said creameries anC
| cheese factories shall, on the first day OF
| November and at such other times as
| the said commissioner may call for the
| said report, send to the dairy and food
| commissioner full and accurate report
| OF the amount of business done during
| the year, including the statistical infor-
| nation required by said commissioner.
Sec. 20. 1t shall be the duty of said
| commissioner, assistant commissioner in
| spectors ana agents at any and all times
! to seize and take possession of any and
! all food and dairy products, or substi-
! tuteS therefor, or limitations there
| OF, Kept for sale or for a pur-
| troll contrary to the provisions of this
| act, or other laws which now exist, or
| may be hereafter enacted. Such seizure
| may be had without a warrant and said
! commissioner, assistant commissioner,
| and all inspectors and agents appointed
! pursuant to law are hereby given full
| power and authority of constables. Any
| court having jurisdiction, upon receiving
| proof OF probable cause for believing in
| the concealment of any food or dairy
| products or substitutes therefor, or imi-
tations thereof, kept for sale or for a
| purpose, or had in possession or under
control, contrary to the provisions of this
act, or other laws which now exist or
may be hereafter enacted, shall issue a
search warrant and cause a search to be
made IN any place therefor, and to that
end may cause any building, enclosure,
| wagon or car to be entered, and any
apartment, chest, box, locker, tub, jar,
crate, basket or package to be broken
open and the contents thereof examined.
Sec. -. All such warrants shall be di-
Tected to said commissioner or assistant
commissioner, or any inspector or agent
appointed pursuant to law, or the sheriff
or conStables commanding such commits
Sioner, assistant commissioners, inSpec-
tor, agent or officer to search the house
or place where such food or dairy prod
uctS or substitute therefor or imitation
thereof for which he is required to search
is believed to be concealed, which place
and the property to be searched for shall
be designated in the warrant, and to
bring such food or dairy product, or sub
stitutes therefor, or limitations thereof,
when found, and the person in whose
possession the same is found, before the
magistrate who issued the warrant, or
before some other court or magistrate
having jurisdiction of the case
Sec. Is. When the officer in the execu-
ton OF any search warrant issued under
this act finds and SeiZes any food or
dairy product, or substitute therefor, or
imitation thereof, all the property or
things so seized shall be safely kept by
the direction of the court or magistrate
so long as is necessary for the purpose
of being produced in evidence in any
trial, and on such trial, it being found
that such food or dairy product, or any
substitute therefor or imitation thereof,
is being kept for sale or for a purpose, or
held in possession or under control, con-
trary to the provisions of this act, or
other laws which now exist or may be
hereafter enacted, the court shall, in ad-
dltIon to the other penalties prescribed by
act, order that said property be forfeited
to the State of Minnesota, and shall order
the same sold for any purpose other than
to be used for food, and the proceeds
thereof paid into the state treasury and
placed to the credit of the state dairy
and food commissioners fund. The dairy
and food commissioner, his agent or in
spector is authorized to take samples from
products seized for the purpose of an
alysis.
Sec %. No person shall efface, erase,
cancel or remove any mark, statement
or label provided for by this act with
the intent to mislead, deceive or to VIC
late any provisions of, this act.
Sec. 30. No action shall be maintained
on account of any sale, or other contract
made in violation of, or with intent to
violate any provisions of this act.
:, Sec 81. The doing of anything pro-
hibited, and the not doing of anything
directed to be done by this act, shall be
prtma facie evidence of a Willful intent
to violate the different sections and pro-
Sec. 81. In all prosecutions arising I'M
der this act the certificate of the chemist
making the analysis, when duly sworn
10 by such analyst, shall be prima facie
evidence Of the fact or facts therein GER
titled.
Sec. 80. All moneys received from Ii
cense fees, all fines collected for the vio-
latlon OF laws relating to food or dairy
products, their limitations or substitutes
and the proceeds from all goods con-
Hscated and sold under the provisions of
this act and other laws relating to dairy
or food products, their limitations or sub
st1tutes, shall be paid into the state treas
ury and placed to the credit of the dairy
and food commissioners fund
Sec. "a Whoever violates any of the
provisions OF this act shall be guilty of a
mlsdemeanor, and upon conviction thereof
shall be punished for each offense by a
nor more than one hundred dollars, or
by Imprisonment of not less than thirty
days, nor more than ninety days.
Sec. 30. Chapter IL, General Laws of
1891. and all acts and parts of acts in
consistent with the provisions hereof are
hereby repealed.
Sec. SO. This act shall take effect and
be in force from and after it's passage.
Approved April Z, 1908.
CHAPTER 1865. F. NO. 264.
AN ACT to validate sales of real estate
heretofore made under a license from
probate court
Be 1t enacted by the legislature of the
State of Minnesota:
Section 1. That all sales of real estate
heretofore made under a license from any
probate court of this state to an eXecu-
tor or executors wherein the following
defects and Irregularities have occurred,
viz: where the oath before sale was
taken after the date Of fixing the time
and place of sale, and before the day of
sale, and was filed after the SALE but
before the confirmation thereof; where
the executors bond before sale was ex-
ecuted and approved before the sale and
filed after the sale. but before the con-
hrmation thereof; where the executors
BOND contains no witnesses as to the
suretles thereon: where the sale was
made and the report of sale was sworn
to by one other than the executors as
attorney in fact for the executors under
an unacknoWledged power of attorney
filed with the probate court before con-
firmation of such sale. and such sales
were thereafter duly confirmed by an or
der OF the probate court; and where all
other proceedings therein were legal all
such sales and the confirmation thereof
are hereby legalized and made as valid
and effectual to all intents and purposes,
ana OF the same force and effect as if such
oath had been duly taken before the date
of fixing the time and place of sale, and
said bond had been duly executed wit
messed, approved and filed before sale,
and said sale had been duly made and the
report OF sale had been duly sworn to and
filed by the executors personally.
Provided, however, that nothing herein
contained shall affect pending litigation
for the purpose of setting aside any such
sale heretofore made
Sec. .. This act shall take effect and
be in force from and after its passage.
Approved April s, 1903.
CHAPTER 18Th. F. NO. 52s.
AN ACT to further provide for the re-
vision and codihcation of the General
Laws.
Be it enacted by the legislature of the