11 i !l i 3KEBMKB ^gaflaggJ-jtrtr-ygftiPi 51* W* 8 cities as designated in section 15 of this act, shall procure a license from the state dairy and food commissioner, or his authorized agents, and shall pay there fore the sum of one (1) dollar. Eve ry such license shall termina te on the first day of Mav in each and every year. No license shall b sold or transferred. Sec. 17. Tho dairy and food commis sioner shall have power to withhold a license from or to revoke the same when already issued to any person, Armor cor poration, who shall fail to comply with any of the provisions of sections lo .and 16 of this ict. or who shall sell, offer, or expose for sale any milk or cream from dairies containing diseased or filthy cows, or that are kept in violation of section 5 of this act, or of creameries, stores or other places where milk or cream may be kept, stored or sold, which is kept an unsanitary condition. Sec. 18. No person by himself or ms agents or servants shall sell, supply or bring to be manufactured, to any butter or cheese manufactory any milk autea with water of any other substance what ever, or any unclean, impure, ^healthy, adulterated or unwholesome milk or.milk from which any cream has been taken (except pure skim milk to skim cheese factories), or shall keep back any par of the milk commonly known as strip pings, or shall bring or supply milk which is sour, to any butter or cheese man u factory (except pure skim milk to skim cheese factories). No butter or cheese manufactories except those which bu all. the milk they use shall use for their own benefit or allow any of their employes or any other person to use any of the milk or cream brought tc.said manu factories, or the product thereof w^hout the consent of the owners thereof. Even butter and cheese manufacturer except those who buy all the milk they use shall keep a correct record of ll the milk daily received and of the" umber of pounds and packages of butter the number and aggregatedisposedloopa.cK.agee roiecUfai?UNo l^eflr ars weight chees mnrip eachh davy the number of of a cheese and Wter which record shall be open, to inspection to every person who delivers milk to sucn person, by himself or his flint's or servants, shall manufacture for aWveK Possession with intent to 'cheese anV^bs^nct no milk or cream. Provlded =t lt fo sign giving the true -imp in ther **%&& tt- substance is sold as a substitute forr ma tpr or cheese not made exclusively from Silk or cream, that the person firmor Corporation selling the same for them Selves or as agents for another eison firm or corporation, shall post conspicu ously and keep conspicuously posted as Exposed for sale, in the ro^m where thVsame can be seen and read from every part,of the^arf room where^the substitute for butter or cheese is. soio. offered or exposed for sale a printed and correct of the English an substitute ffijffi*y~?" 0 fo butter oir cheese, so scM name in the Englis language su Dffl wit 1 offered or exposed for sal V^i ?h LI six with bold faced type, not less th^n inches long, giving the true name, by i= sold offered or exposed for sale, wm cn n'otlce shall be substantially In the follow ing form. (Insererson namey ohimselh tute) Sec. lo. suc ld No eI SUDSUs or hi agents or servants shaU manufacture for J?. ^!ru 5f S J,.tr ffi'liave in his possession with inten to sell expose or offer for sau sell as butter or'"as"cheese7~or 'a 3 buiter or cheese, or as imitations of but ter or cheese, under any name or title whatsoever, any mixture J compound which is designed to take the place of butter or cheese, and which is made from animal or.vegetable oils or fate, or bv the mixing or compounding of the same, or any mixture or compound .consisting in pan of butter or of cheese mixture or combination with animal or vegetable oils or fats, nor shall a ny person mix, compound with or add to milk, cream, or butter or cheese any animal or vege table oils or fats, with design or intent to make or produce any article or sub stance in imitation of butter or cheese, nor shall any person coat powder or color with annatto or with any other coloring matter whatever, buttenne or oleomargarine or any mixture or com pound of the same, or a ny article or com pound made wholly or in part from animal or vegetable oils or fats not produced from milk or cream, whereby the said article or compound shall be made to resemole butter or cheese, nor shall a ny person offer or expose for sale or sell a ny arti cle, substance or compound made, manufactured or produced in violation of the provisions of this section, whether such article, substance or compound shall have been made, manufactured or produced within this state or in a ny other state or country and the having in posession by a ny person, firm or corpora tion of any article, substance or com pound made, manufactured or produced in violation of the provisions of this sec tion shall be considered as prima racle evidence of an intent to sell the same as butter or as cheese contrary to the provisions of this section. Sec 21. The Minnesota state dairy and food commissioner is hereby authorized and directed to procure and issue to the cheese manufacturers of the state, and tinder such regulations as to the custody and use thereof as he may prescribe, a uniform stencil brand bearing a suitable device or motto, and the words "Minne sota State Full Cream Cheese." Eve ry brand issued shall be used upon the out side of the cheese, and also upon the package containing the same, and shall bear a different number for each separate manufactory, and the commissioner shall keep a book in which shall be registered the name, location and number of each manufactory using the said brand, and the name or names of the persons at each manufactory authorized to use the same. It shall be unlawful to use or permit such stencil brand to be used upon any other than full cream cheese or packages con taining the same. All cheese branded as 'Minnesota State Full Cream Cheese" shall contain not less than forty-five per centum of fats to total solids, and all cheese purporting to be full cream cheese which contains less than forty-five per centum of fats to total solids, shall be deemed for the purpose of this act, to be adulterated. Sec. 22. All cheese which contains less than forty-five per centum of fats to total solids is hereby declared to be "skim cheese," and it is hereby required and directed that the same shall be mark ed with a stencil or brand with the words "Skim Cheese," in plain black letters, not less- than one and one-half inches in length and of proportionate width, upon the circum ference of the cheese, and upon the outer surface of the box or package containing the same and any dealer or trader who, bv himself, or as the servant or agent of another person, has in his possession with intent to sell, offers or exposes for sale, or sells any skim cheese as hereinbefore defined, which is not stenciled or branded as hereinbefore required and directed, shall be deemed to be guilty of a misde meanor, and shall be subject to the penal ties provided in this act. Every dealer or trader who offers or exposes for sale or sells skim cheese as hereinbefore defined, shall cause to be kept continuously posted in a conspicuous position upon the walls of the room wherein such skim cheese is offered or exposed for sale or sold, cards upon the face of which is distinctly and legibly printed in the English language, and in fetters of sufficient size to be visible from all parts of the room, the words "Skim Cheese Sold Here." Sec. 23. No person by himself or agent shall sell or offer or expose for sale, or have in his possession with intent to sell cheese branded or labled with a false brand or label as to the quality of the ar ticle, or as to the county or state in which the article is made. Sec. 24. Every proprietor, keeper, land lord or steward of any hotel, restaurant, dining car, eating house, boarding house, hospital, lumber ca mp or railroad camp either public or private, who shall supply the guests or boarders of such hotel, res tauran t, dining car, eating house, board ing house, hospital, lumber camp, or rail road camp, either public or private, where money, services, or wages form the whole or part of the payment for such food, with a ny oleaginous substance or sub stances or any compound of the same, or a ny other compound other than that pro duced from unadulterated milk or of cream from the same, or any article de signed to take the place of butter, shall cause to be plainly printed upon every bill of fare used in said hotel, restaurant, eating house, boarding house, hospital, lumber camp or railroad camp, where such adulterated compound is used, im mediately under the title thereof and be fore the naming of any article of food thereon, in capital letters, no smaller than those known as nonpareil Celtic, in the English lang-uage, the words "Oleomar garine (or butterine) used as a substitute for butter." In case no bill of fare is used in said hotel, restaurant, i eating house, boarding house, hospital, lumber camp, or railroad camp, then the pro prietor or keeper thereof shall cause to be posted upon each and every side of the dining room or eating room in a posi tion where the sa me can be easily seen and read from any part of said room and In letters large enough to be distinctly seen and read from any part of said room, a card containing the words 1n English language "Oleomargarine (or butterine) used as a substitute for but- ter," and shall keep the same con tinuously posted as aforesaid, so long as said compounds, or either of them are kept and used. The provisions of j.5t\fr- f}jf"*^S%^i^ ^^rfi -ir^V tTtikt&jfSr*^ &iffimsmtim&' \s~ '^tigaift **Wl this section shall not be coristrued as in any wise amending or invalidating an of the provisions of sections 19 or 20 of this act. Sec. 25. The commissioner shall provide blanks which shall be furnished to all proprietors, managers, or secretaries of creameries and cheese factories within the state for the purpose of making a report of the amou nt of milk and dairy goods handled, and embodying such qther statistical Information as the commission er may require, and all owners or man agers or secretaries of said creameries and 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 a full and accurate report of the amount of business done during the year, including the statistical infor mation required by said commissioner. Sec. 26. It shall be the duty of said commissioner, assistant commissioner, in spectors and agents at a ny and all times to seize and take possession of any and all food and dairy products, or substi tutes therefor, or imitations there of, kept for sale or for a pur pose, or held in possession or under con trol, 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 warran t, 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 a ny 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 a ny apartment, chest, box, locker, tub, jar, crate, basket or package to be broken open and the contents thereof examined. Sec. 27. All such warrants shall be di rected to said commissioner, or assistant commissioner, or any inspector or agent appointed pursuant to law, or the sheriff or constables commanding such commis 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 warran t, and to bring such food or dairy product, or sub stitutes therefor, or imitations thereof, when found, and the person in whose possession the same is found, before the magistrate who issued the warran t, or before some other court or magistrate having jurisdiction of the case. Sec. 28. When the officer in the execu tion of any search warrant issued under this act finds and seizes a ny 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 dition to the other penalties prescribed by act, order that said property be forfeited to the State of Minnesota, and shall order the sa me sold for a ny 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 commissioner's fund. The dairy and food commissioner, his agent or in spector is authorized to take samples from products seized for the purpose of a n alysis. Sec. 29. 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 vio late a ny 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. 31. The doing of anything pro hibited, and the not doing of anything directed, to be done by this act, shall be prima facie evidence of a willful intent to violate the different sections and pro visions hereof. i+ic. 32. In all prosecutions arising un der this act the certificate of the chemist making the analysis, when duly sworn to by such analyst, shall be pri ma facie evidence of the fact or facts therein cer tified. Sec. 83. All moneys received from li cense fees, all fines collected for the vio lation of laws relating to- food or dairy products, their imitations or substitutes and the proceeds from all goods con fiscated and sold under the provisions of this act and other laws relating to dairy or food products, their imitations or sub stitutes, shall be paid into the state treas ury and placed to the credit of the dairy and food commissioner's fund. Sec. 34. Whoev er violates a ny of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for each offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment of not less than thirty days, nor more than ninety days. Sec. 35. Chapter 11, General Laws of 1891, and all acts and parts of acts in consistent with the provisions hereof are hereby repealed. Sec. 36. This act shall take effect and be in force from and after its passage. Approved April 7, 1903. CHAPTER 156S. NO. 264. A N ACT to validate sales of real estate heretofore made under a license from probate court. Be it enacted by the legislature of the State of Minnesota: Section 1. That all sales of real estate heretofore made under a license from a ny probate court of this state to an execu tor or executors wherein the following defects and irregularities have occurred, viz: whe re the oa th 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 executor's bond before sale was ex ecuted and approved before the sale and filed after the sale, but before the con firmation thereof where the executor's bond contains no witnesses as to the sureties 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, and of the sa me 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 nessed, 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 anv such sale heretofore made. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 8, 1903. CHAPTER 157H. NO. 528. A N ACT to further provide for the re vision and codification of the General Laws. Be it enacted by the legislature of the State of Minnesota: Section 1. The time allowed by chapter 241 of the laws of 1901, for the delivery to the secretary of state of the report of the commission appointed under said chapter to revise and codify the General Laws is hereby extended to December 1, 1904. Sec. 2. Said commission shall include in the revision and codification th en re ported all general laws relating to taxa tion and all laws of a general nature en acted at the extra session of 1902 and at the present session. It shall also sub mit, with its report, a list of all special, local and tempora ry laws, the repeal of which it shall recommend, giving the chapter number and title of each. Sec. 3. The several commissioners shall receive compensation from and after Sep tember 1, 1902, each at a rate to be fixed from time to time by the justices of the supreme court, not exceeding- the monthly payments made prior to that datean said justices shall also determine the amounts to be allowed for clerical and other assistance, and for expenses, all of which payments shall be made by the state treasurer upon warrants of the state auditor issued as prescribed in sec tion 8 of said chapter 241. Sec. 4. The limitation imposed by sec tion 2 of said chapt er 241 upon the ex penditure of the sum appropriated' by said chapter is hereby abrogated, and all sums appropriated for the purposes of said revision and codification shall be expended under the direction of the Jus tices of the supreme court. If a vacancy shall occur in the' membership of said commission, the justices may fill the same by appointment. Sec. 5. .There Is fcerebj a^rojy-laiejl 7f$$^'y*' out of any. money in the state treasury not otherwise appropriated the additional sum of fifty thousand dollars, or so much thereof as may be necessary to properly accomplish the said revision. Sec. 6. This act shall take effect and be in fore* from and after its passage. Approved April 9, 1903. CHAPTER 158H. NO. 9. A N ACT to ame nd section seven thou, sand eight hundred and sixty-nine (7869) of the General Statut es of Minnesota for 1S94, as the same was amended by chapter one hundred and forty-four (144) of General Laws of Minnesota for 1897, and chapter two hundred and twelve (212) of General Laws of Min nesota for 1901, relating to bounties for the arrest and conviction of horse thieves. Be it enacted by the legislature of the State of Minnesota: Section 1. That section seven thousand eight hundred and sixty-nine (7869) of the General Statutes of Minnesota for 1894, as amended by chapter one hundred and forty-four (144) of the General Laws of the State of Minnesota for 1897, and chap ter two hundred and twelve (212) of the General Laws of the State of Minnesota for 1901, be and the same hereby is amended so as to read as follows, to wit: "Section 7869. That the sum of two hundred ($200) dollars be paid to any per son or persons for the arrest and convic tion of each and every person who steals a horse or horses from any person or persons in this state, which amount shall be paid to the person or persons entitled thereto on the presentation of a certifi cate, issued as hereinafter provided, from the clerk of the court of the county where such conviction was had, setting forth the object for which the sa me was issued, to the treasurer of the proper county and such county treasurer shall take a receipt for the same, setting forth the object for which the sa me was paid which certificate and receipt shall be for warded to the state auditor, who shall, at the next settlement, place a warrant for such amount into the hands of the state treasurer, to be credited on the settlement with said county treasurer." Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 10, 1903. CHAPTER 159H. NO. 758. A N ACT creating pension for disabled or retired policemen in cities situated in counties now having or which may at a ny time hereafter have a population of 150,000 and not over 225,000 inhabi tants and providing for a fund out of which such pension shall be paid and for the establishment of a pension board for the managemen t, contror and distribution of such fund. Be it enacted by the legislature of the State of Minnesota: Section- 1. In every elty situated in counties now having or which may at a ny time hereafter have a population of 150,- 000 inhabitants or over, and not over 225,000 inhabitants, there may be created a police pension fund, which shall be governed and manag ed by a police pen sion board in accordance with the pro visions of this act. Sec. 2. That every paid municipal police department now existing or which may hereafter be organized may and are hereby authorized to become incorporated pursuant to the provisions of title 3. chapter 34 of the General Statut es of Minnesota, 1894, and acts amendatory thereto, or adopt a constitution and by laws as a relief association to provide and permit and allow said police relief association so incorporated or so organ ized to pay out of, and from any funds it may have received from the State of Min nesota or from any other source, a serv ice pension In such accounts and in such manner as its articles of incorporation or the constitution and by-laws shall so designate, not exceeding however the sum of $40 per month to each of its pen sioned members who shall have arrived at the age of 55 yea rs or more, and shall have done active police duty as a member of such paid municipal police department for a period of 20 years or more in the police depart ment of such city in which such relief association shall be organized or who having been disabled physically or mentally because of any injury received or suffered while in the performance of his duties as such police officer, so as to render necessary his retirement from active police service may be placed upon the pension list, and shall receive such pension as provided for in said articles of incorporation or constitution and by laws* provided, however, that said fund shall not be used for any other purpose other than for the payment of service pensions and a disability pension as here- "see. 3. Every such association shall at all times have and^retain the right to increase or reduce the amount of such pension not to exceed $40 per month whenever, because of the amount of funds on hand, or for other good reasons such increase or reduction may seem advisable or proper to the board of management of said relief association. Sec. 4. The pension authorized by this act shall not be paid to a ny person while drawi ng salary in any amount from said police department and no memb er shall be entitled to said pension after he re moves his residence from the city whe re such relief association is located or who shall have been convicted of felony or misdemeanor for which he shall be ad judged to be imprisoned or who is a habitual drunkard and that a ny person receiving the pension herein mentioned shall not receive or be entitled to receive any other or further pension or relief from said association. Sec 5 No payments made or to be made' by said board to said member of said police force shall be subject to judgment, garnishment or execution or other legal processes and no person en titled to such payment shall have the right to assign the same, nor shall said association have the authority to recog nize or ay over a ny sum whatever which has been assigned. Sec 6. Said association through its offi cers shall have full charge, management and control of the police pension fund herein provided for, which said fund shall be derived from the following sources: FirstFrom the gifts of real estate or personal property, rents, or money or other sources second, an amount or sum. equal to 1-10 of 1 mill shall be annually assessed, levied and collected by the proper officers of such city whe re a po lice relief association exists, upon each dollar of each taxable property in such city as the same appears on the tax records of such city, which said sum shall by the proper officers of said city be placed on the credit of the police pension funds, and shall not be used or devoted to any other purpose other than for the purpose of the police pension fund pro vided, however, that if at any time the fund so raised by taxation as in this sec tion provided, together with other re sources exceeds the needs of said police pension board in the properly carrying out the provisions of this act then as often as this shall occur, said sum so to be raised by taxation shall be propor tionately reduced to such amount as will sufficiently carry out the provisions of this act, then there shall only be raised by taxation such part of said 1-10 of 1 mill upon each dollar of all the taxable property In such city as shall be necessary for the proper maintenance of said fund as in this act provided. Sec. 7. The said governing board shall have full power to hold, transfer and sell real estate and personal property, and in vest said funds for the betterme nt of said association. Sec. 8. The governing board of said as sociation shall consist of five members to be elected annually, who shall hold their terms of office for one, two, three, four and five years, respectively, or until their successor is duly elected and qualified, and the mayor and chief of police, shall be ex-offlcio members of said board. All vacancies occurring in the elective me m bership of said board shall be filled by a special election called for said purpose. Sec. 9. The said governing board of said association shall file annually, on or before the first day of September of each year, with the comptroller of said mu nicipality, a detailed report of the amount of money so received, expended and still remaining on hand to the credit of said association. Sec 10. This act shall take effect and be in force from and after its passage. Approved April 10, 1903. CHAPTER 160H. NO. 778. A N ACT relating to bridges across the Minnesota river. it enacted by the legislature of the State of Minnesota. Section 1. That &ny municipal or pri vate corporation, person or parties, sep arately or joiatly, their successors or as signs, may construct, maintain and oper ate a fixed span bridge or bridges, wi th approaches, if necessary, across the Min nesota river at any point on said river down to and including the City of Le Sueur in the County of Sueur and Sta te of Minnesota. Said bridge or bridges shall be used for general pedestrian, wagon and railway traffic, or for any or all such purposes, and its location and construction shall be subject to the approval of the governor as provided in section 1919 of the General Statutes of Minnesota for the year 1894. Sec. 2. Any draw bridge now con structed across said river at and above the said city of Sueur and maintained by anjr municipal or other corporation may be converted into a fixed span bridge without a draw. Sec. 3. This act shall take effect and be In force from and after its passage* AjBWHt-04 AjorJi 10. 1903. GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OE 1903. 161-H. F. NO. 837. 9S APTE A N ACT entitled an act to authorize cities now or hereafter having a popu lation of over fifty thousand inhabitan ts to grade streets constituting an a p proach to a public park, without a ny petition of property owners therefor. Be it enacted by the legislature of the State of Minnesota: Section 1. That in any city of this state now or hereafter having a population of over fifty thousand inhabitants, where* a ny public park or parks now or here after exist, without a ny graded street leading therefrom to the main portion of such city, the common council of such city is hereby authorized and empowered by a three-fourths vote of all members elect thereof, upon recommendation of the board of park commissioners, or such other officials as may have charge and supervision of the parks and parkways of such city, to order and cause to be opened and graded for public travel the necessary street or streets to constitute one main thoroughfare leading from such park or parks to the main portion of such city, without a petition therefor signed or presented by the owners of any prop erty fronting or abutting upon the line of such improvement, and may cause the whole or any part of the necessary cost and expense of opening and grading any such street or streets to be levied and assessed upon and against the property benefited by such improvement, in the sa me manner and with like effect as other assessments for street grading are made by such city. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 10, 1903. CHAPTER 162H. F. NO. 380. A N ACT legalizing certain floating In debtedness of villages and authorizing the issue of bonds with which to fund the same. Be it enacted by the legislature of the State of Minnesota: Section 1. Any and all orders hereto fore issued by any village in this state for the following purposes, or either thereof, to wit, in payment of the cost, in whole or in part, of village water works or electric light plant, or both combined, or the enlargement, improvement and re pair thereof in payment of the cost, in whole or in part, of the erection and con struction of any building to be used for the purpose of a village hall, village of ficers (offices), or hall to be used by the public for exhibitions, lec tures and other public entertain ments and purposes, which said orders are still outstanding and unpaid, are hereby declared to be lawful floating indebtedness of said village, as of the date of their issue, provided only, that the council of any such village and the voters thereof shall have heretofore rec ognized said orders by voting to issue bonds with which to take them up, whether the issuing of bonds for such purpose was or was not then authorized by any law of this state. Sec. 2. The village council of a ny vil lage in this state is hereby expressly em powered, to issue the bonds of its village in such amount and denomination and bearing such rate of interest as the voters of any such village may have heretofore authorized by the votes of a majority of all such voters present and voting at a ny general or special election, upon a prop osition as to whether or not the bonds of such village should h issued for the pur pose of taking up and paying outstanding village orders of the character described in section one of this act, whether any such issuance of bonds was or was not authorized at the time such vote was had. Such bonds may be issued and sold by any such village council in such manner as it shall deem proper, but for not less than their par value, and such bonds shall un for such term of years, not to exceed fifteen, and shall be payable at such place as may be by said village council determined. The proceeds from the sale of a ny such bonds shall be paid over to the village treasurer to be used by him in taking up the specific indebted ness referred to in the action of the vil lage council and in the proposition sub mitted by it to the voters of any such village and adopted by them as aforesaid. Sec. 3. The right to issue bonds under this act shall not be affected by the amount of the Indebtedness of any such village outstanding at the time of issuing bonds hereunder. Sec. 4. This act shall take effect and be in force from and after its passage. Approved April 10, 1903. CHAPTER 163H. NO. 708. A N ACT to define articles of food and drink for human use, to prevent mis branding or adulterations of the same, to prevent fraud and preserve public health. Be it enacted by the legislature of the State of Minnesota: Section 1. The term "food" shall in clude all articles used by man for food, drink or condiment whether mixed, single or compound. The term "misbranded" as used herein applies to all articles of food or articles used in the composition of food, drink or condiments, the pack ages or labels of which shall bear any statement purporting to name a ny in gredients or substance contained in such article which statement shall be false in any particular or a ny statement pur porting to name the substance of which said article Is made, which statement shall not fully give the names of all the substances contained in the article in any quantity, or which names as a single ar ticle of food a ny mixture or compound. The term "drin k" as used herein shall not include liquids containing two (2) per cent or mo re of alcohol. Sec. 2. An article shall be deemed adulterated in the case of food drink or condiment: First, if any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously effect its quality or strength, so that such product, when offered for sale, shall de ceive or tend to deceive the purchaser, or Second, If any substance or substances has or have been substituted wholly or in part for the article, so that the pro duct when sold, or offered for sale shall deceive or tend to deceive the pur rhfl,s6r or Third If any valuable constituent of the article has been wholly or in part abstracted, so that the product when sold or offered for sale shall deceive or tend to deceive the purchaser or Fourth, If it contain a ny added poison ous ingredient or an Ingredient which may render such article injurious to the health of the person consuming It, or Fifth If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion or anv animal unfit for food, whether manu factured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter or, Sixth, if it be mixed, colored, powdered, or stained in a manner where by damage or inferiority is concealed so that such product, when sold or offered for sale, shall deceive or tend to deceive the pur chctscr Sec 3. Any person adulterating or misbranding any article of fooa, annk or condiment as defined in section two (2) or who shall handle, keep for sale, offer or expose for sale any article so adulterated or misbranded shall be eMtyotamlaiLe meanor and on conviction be fined not less than twenty-five (25) dollars, or mo re than seventy-five (75) dollars and costs or by imprisonment not to exceetd ninetty (9Secda4yS'lt W f shall be the duty of he stae dairy and food commissioner and his as sistants, experts and chemists and agents by him appointed, to enforce the pro visions of this act. Sec. 5. This act shall take effect and be in force from and after July 1, 1903. Approved April 10, 1903, CHAPTER 164-H. NO. 332. AN ACT to ratify certain and confirm'the SedflJf^n,? whn title in hconveyances State of 7 Minnesota to lands thereby conveyed. Be it enacted by the legislature of the. State of Minnesota: Section 1. That all conveyances here tofore made by any person or persons transferring land situated in the Sta te of Minnesota, to the governor and legislative assembly of the Territory of Minnesota, in trust for said territory, are hereby confirmed, and the title to such premises so conveyed declared to be vested in the State of Minnesota. Sec 2. This act shall take effect and be in'force from and after its passage. Approved April 10, 1903. CHAPTER 165H. NO. 388. A N A CT to create in cities of the Sta te of Minnesota which now have or here after may have, no mo re than fifty thousand (50,000) and not less than twenty thousand (20,000) inhabitan ts a board of municipal works, to define its duties and powers and to regulate the management of certain municipal works of such cities. Be it enacted by the legislature of the State of Minnesota: Section 1. That in each city in the State of Minnesota which now has, or hereafter may have, no more than fifty thousand (50,000), and not less than twenty 'thousand (20,000) inhabitants, there be and hereby is created and estab lished a board of municipal works, which shall have the control and management of all such water works systems, lighting plants and sewerage pumpi ng plants of each such city as may be owned and ap erated by such city, with the powers and duties hereinafter designated. Sec. 2. That all authority under th is act, In each such city, shall be exercised by a boa rd of six (61 commissioners to be known atid designated as the "Board of J^MuDlcipat .Works,*-* .whet jAaU-b* appoint- &ry<*Q ed by the* mayor of such city, and whose terms of office shall be as hereinafter des ignated. Sec. 3. I is hereby made the duty of the mayor in each such city tn this state, in which a water works plant, a lighting plant and a sewerage pumping plant, or any one or more of them, is being owned and operated by such city on the last Monday in April, A. D. 1903, to appoint on such last Monday in April, A. D. 1903, six (6) persons, residents of such city, commissioners, one of whom shall be ap pointed to serve for a term of one (1) year, one for a term of two (2) years, one for a term of three (3) years, one for a term of four (4) years, one for a term of Ave (5) years, and one for a term of six (6) years. These six persons, so a p pointed, shall constitute the first board of municipal works for the city in which so appointed. The said terms of office shall commence on the first Monday in May. A. D. 1903, and said commissioners shall said ay enter upon the performance of their duties and assume the control and management of the water works sys tem, lighting plant and sewerage pump ing plants of the city in which they have been so appointed, or such of said works as shall then be owned and operated by said city. he mayor of each such city shall a n nually thereafter, on the last Monday in April, appoint onm such city, as a member of said board and as the successor of the commissioner whose term of office expires in that year, fperson, th an nK fl th on untl ^hl yearresident a from ter afr Zr a mentmembershi chang in the political be lief of any of the members aftedr appoint shall not disqualifreappointment.b a nny memer for suc nic pal wor ks shall thereafter be in stalled and established bn such city to be operated and controlled by city and in each city of thisaninstallesuchh here-l, after any hav2 ncitymorestate tan and thlrl%8 inhabitantwhica Hecho, tV^ 00 0o &," an ?iHi?fvLWOKyrks ma ay wEre been PPOintment one 0ffi (Pihf 8ha1 1 h tr 1 commence im SUC ^.n'e a P ln ted to serve unti 1E.H1 Monday in May following, one untu one year after the following first nday in May. flrst 0 1 fc fnni f^f MavS Monday in May, on until Mondit? ,yea1r.*l followine flrst th afte MondafSf'.P? in Mayf and until five (5) oll winsone the TrfiZl flrst Mondfy in i successors ehall there- after be appointed at the times and in the manner hereinbefore designated for the appointment of successors Each such board shall assume the con trol and management of such works im mediately after thel same shall in stalled or established by such city and be rea dwhenever census (whetheer na fory operation. it shall hereafter be on cla an DV A0n*a? tiT tional, state or city) that any city in this wll^"^ nu mber of inhabitants 1118 th hereinberore designated,t and notshall thereto- $Zl% hown here at V. i""1 thof u? Monday In May oi the year in which appointed and until his successor is appointed and qualifies. Provided, that all appointments made under the pro visions of this act, including the filling of vacancies, shall be so made that no more than three (3) persons of those compris ing said board, shallew any time belong to the sa mae political party, and provided vS?S nt less 50 (JO a That in each cith of this state which ?h jM? mo vT a mu nicipal wor ks designated than 20,00h0 inhabitants, and in which of the said mu shall be ownende and operated by such on the last Monday in April, 1903.Doarcitn but i mor es 0 in which or morh of50,000 the mu- theretorore appointed a,ving inI' & less Thkn tha ior an tim for any such( cityd iyt shall beo the duty the may ot of each such city, notto a 30) commencof mo re 0 ten th cit ^ntSSLo^d! n0aB works ap UC suc th onj? e I nnfnt th at li point the board hereinbefore. designatedfl, a Monda an las that time be owned and operated by such cityc onlet or more of such mu nicipal works, it shall be the duty of the th cy 'w 1 ia ^i? in April following the official notice of such census, to appoint the board here inbefore designated, whose term of of fice shall commence on the flrst Monday of May following, and who shall be a p pointed to serve for the lengths of time first specified in this section, and their successors shall thereafter be appointed at the times and in the manner herein before designated for the appointment of successors. That whenever there shall hereafter be constructed, purchased or installed any one of the municipal works hereinbefore designated, by ony such city in which such board of municipal wor ks have been theretofore appointed and established, or extensions or additions made to any such wor ks therein previously established, or machinery installed to be operated in conjunction therewith, such board shall thereupon assume the control, operation and management of such works, exten sions or machinery, in addition to all wor ks then under its control, immediate ly after the same shall be completed by such city and ready for operation. All vacancies, by resignations or other wise, shall be filled by the board, but every such appointment shall require an affirmative vote of a majority of all the members of the board. The mayor may remove any of the com missioners for misconduct, incompetency or neglect of duty after opportunity shall be given him to be heard on written charges. Each memb er of said board shall before entering upon the discharge of his official duties take and subscribe the usual oath of office and deposit the same wi th the city recorder of such city, together with a written acceptance of his said appointment. All appointments here in provided for shall be made by the ma yor in writing and filed by him with the city recorder of such city and when made by the board, the secretary of said board shall certify the necessary facts to such recorder, showing the cause of such vacancy and how filled. The said board shall elect annually one of their number to be president of the board, and may make by-laws and regu lations for their government not incon sistent herewith. A majority of said board shall constitute a quorum, and all contracts and engagements, acts and do ings of said board, within the scope of their duty and authority, shall be obli gatory and binding upon such city. The members of said board shall re ceive no compensation for their services, but shall be allowed their reasonable of ficial expenses, except that traveling ex penses outside such city shall not be al lowed any BUch members unless authority to make such trip be previously granted by such board and approved in writing by the mayor of such city. The said board shall elect some suitable person as secretary, not a member of said board, who shall, as such secretary, be the general superintendent of the sev eral municipal works under its control in such city. The said board shall have power by an affirmative vote of a majority of all its members to remove him for cause, after opportunity shall be given him to be heard upon written charges. Said board shall appoint some suitable person to have the care and superin tendance of all poles and wires owned by such city, and who shall be styled "city electrician," wi th such powers and duties as may be prescribed by said board. Such city electrician shall be ex-offlcio superin tende nt of the fire alarm syst em of such city. Said board may appoint and employ all proper clerks, assistants and employes necessary or convenient for the operation and management of the several municipal works or departments in such city, and for accomplishing the purposes contem plated by this act. The salary and compensation of all per sons appointed and employed by said board in any of the departments under its control shall be such as may be fixed by said board, by an affirmative vote of a majority of all its members. I shall be the duty of each such board within six months after its appointment and organization to make and establish general rules providing for the manner and method of appointing, employing and removing all persons in connection with the operation and management of the several municipal works under the care of such board and to define their duties and powers. Such rules shall, when practicable, provide that all appoint ments and employments, other than or dinary labor and transient assistan ts and employments, shall be made in accord ance wi th the civil service or "merit system," and all such rules when so es tablished shall be changed only by an affirmative vote of five-sixths of all the members of said board. The treasurer of such city is hereby de clared to be ex-offlcio treasurer of said board. The city engineer of such city, except when otherwise designated by said board for special purposes, shall be the engineer of said board. The city attorney of such city, except when otherwise specially designated by said board, shall be the legal adviser of said board. Sec. 5.' I is made the duty of the sec retary, under the direction of said board, to collect and receive and to pay into the city treasury all moneys due such board on account of the "operation of said works, and to keep a set of books which shall at all times contain a full and com plete statement of the condition and op eration of each such municipal wor ks or department, and of all matters in con nection therewith, and a detailed and ex act account of all moneys received and paid out by order of said board, in each such departmen t, and all debts due and owing said boa rd for any cause what- 'iX^'^i-^W^^ of all the expenses of and liabilities in curred by sa id board in each such de partment. It is made the duty of the treasurer of said board to receive all moneys whlGh may be paid into the city treasury on account of said board from any sources whatever, and place the same In a sep arate fund therefor to be designated "municipal works fund," which fund s hereby created for each such city, ana all moneys so received shall be retained by said treasurer and paid out only upon the order of said board, signed by the president and countersigned by the sec retary thereof, and he shall keep a de tailed and exact account thereof, In such manner as to show at all times the ex act financial condition of said board. The books of said board shall ut all times be open to the examination of any taxpayer of such city, or to a ny member or committee of the city council said board shall on the flrst Monday in April in each year make a full report In detail to the city council of the condition and operation of the wor ks under their charge, and of each department, and of all receipts and expenditures, for the year then ending, on account of the same and shall also, whenever desired by said council, transm it to said council a concise statement of the financial condition of a ny such department. Sec. 6. Said board may sue and be sued, plead and be impleaded, answer and be answered unto, appear and pros ecute unto final judgment in a ny court or elsewhere in the name of said board, have a common seal and alter the sa me at pleasure. They may prosecute any ac tion in the name of said board against a ny person or persons for money due ior the use of water or from a ny other cause for the breach of any contract, express or implied, touching the execution or management of a ny of said wor ks or de partments, or of a ny promise or contract made to or for them and also for the in jury or trespass or nuisance done or caused or procured to be done to the wa ter courses, pipes, machinery or a ny other apparatus belonging to or connect ed with any part of a ny of said works, or for any improper use or waste of the Sec'7. The said board, in behalf of said city, and all persons acting under their authority, shall have the right to use the grounds or soil under any road, railroad, highway, street, iane. alley or public ground tor the purpose of con structing, extending enlarging, improv ing or repairing the works contemplated by this act, on condition that they shall, when not otherwise provided by any or dinance of said city, and when not the duty of some private person, company or corporation, cause the surface of such road, railroad, highway, street, lane, al ley or public ground, to be restored to its original state, and all damages done thereto to be repaired. Sec. 8. Each such board shall keep and maintain an accurate and detailed rec ord of the following annual accounts: FirstThe current expense of operating and maintaining each of the water works, lighting and sewerage departments, or such of them as may be under their con- SecondInterest on all outstanding wa ter and lighting (light) bonds. ThirdExtensions and improvements. FourthSuch other accounts, and such subdivisions of the foregoing named ac counts as may be deemed desirable for the purpose of accurately showing the true financial conditions of each pi said departments and all property belonging to the same. On or before the second Monday In Au gu st of each year the secretary of said board shall present to the said board of municipal wor ks of such city, in writing, an estimate of the probable receipts dur ing the next ensuing fiscal year ior each such department, irom each and sources other than municipal, such fiscal year to commence on the first day of April together with an estimate of the several amounts required during the nex*. ensuing fiscal year for the operation and proper maintenance of each of the de partments under their control, and shall also make a special estimate of amounts required for the water wor ks department of such city during the next ensuing fiscal year for each of the following pur poses, to-wit: FirstFor the current expenses of op erating and maintaining said water works department. SecondFor interest on all outstanding water works bonds. ThirdFor water wor ks extensions and improvements. FourthFor the payment of outstand ing water wor ks bonds maturing during the next ensuing fiscal year, in the a g gregate amount of not exceeding fifteen thousand (15,000) dollars. The estimate for extensions and im provements In such water works depart ment shall not, however, exceed ten (10) per cent of the said estimated probable receipts from all sources other than mu nicipal, unless approved by an affirmative vote of a majority of all the members of the city council. ,_, If said estimate of the probable re ceipts shall be less than the total of the amounts required for all of the purposes designated, said secretary shall thereupon prepare a detailed statement of all water which will probably be used and con sumed for municipal purposes during the next ensuing fiscal year, excepting there from only public fountains, public drink ing places, and public watering troughs, and shall equitably appor tion the amount so required in addi tion to the estimated amount of receipts from other sources, to the said several municipal purposes for which said water is so used, on the basis of the water rates prescribed and established by said board for like purposes, but shall not exceed such rates, and shall make an assessment of the several amounts so appropriated on the general fund of said city and on the funds of the several municipal de partments so using said water. Upon the completion of such estimate for all departments under the control of said board, said secretary shall present the same to said board, for the considera tion and approval of said board. Said board shall upon receipt thereof proceed to consider the same and shall make such corrections or changes as may be deemed necessary to perfect and equalize the same, and shall approve and establish the same on or before the last Monday in August following. After such several estimates and the assessments for water works purposes upon the several municipal departments have been fully approved and established by said board, a duplicate of the same, duly certified to by the president and sec retary of said board, under the seal of said board, shall be transmitted to and filed with the recorder of said city on or be fore the said last Monday in August, and at the sa me time a like copy shall be transmitted to and filed with each mu nicipal department or board of said city against which an assessment for the use of water has been so made. The city recorder shall thereupon in clude the amounts so established by said board and the amounts so assessed against the general fund of such city, in his estimate to the city council of the several sums which will be required to meet the expenses of such city during the next ensuing fiscal year and said council shall establish the same in its tax levy for such year and each board, or govern ing body, of the municipal department so assessed shall likewise Include the amount so assessed against it in its es timate of the several sums required dur ing the next ensuing fiscal year, and such amounts shall in each instance be included in the respective tax levies for such year. All amounts so assessed by said board and included In the said shallso be paid to the treasuretra ofleviesd, sai board by each of said municipal depart ments respectively, in two equal install ments, on the first ay of July and on the first day of December of the year in which said taxes are collected. If said estimate of the probable re ceipts shall be equal to or shall exceed the total of the amounts required for the next ensuing fiscal year, th en no assess ment shall be made for tne use of water upon the several municipal departments as hereinbefore provided, and a ny and all surplus in the treasury of said depart ment at the end of any fiscal year, and which said board shall by resolution de termine not to be required for the rext ensuing fiscal year, shall be ordered paid into the general fund of said city by said board. Sec. 9. I shall be the duty of the city council of each such city, immediately after the organization of such board, to direct the treasurer of such city to tran s fer from the general fund to the munic pal works fund, to be thereafter mai n tained by him and controlled by said board, all moneys theretofore levied for the departments under the control of said board, as the same may be received by such treasurer from the county audi tor of such county, and all moneys in the city treasurey of such city applicable to the needs of said departments, prior to the time that the first of the tax levies, hereinbefore designated to be made by and for said board, shall be collected, re ceived and applied by said treasurer, for said board and the city council of each such city shall also, hereafter, when not provided for in the board's estimate, cause to be transferred to the municipal works fund from the proper fund of such city the necessary means for mai n taining and operating such works, or ad ditions and extensions thereto as may have been installed by such city and of which such board has assumed control, until the beginning of the fiscal year .fol lowing the first tax levy which Includes the board's estimate for the same. Sec. 10. N money shall be paid out of prisonmen not exceeding one (1 year, the funds* In the cits treasury belonging bottk attha discretion of the cpurt, terest of water and light bonds or either, unless such payment shall be specially authorized by an afnrmative vote of a majority of all the members of such board, taken by a call of the ay es and noes, and th en only upon order drawn by, the secretary of such board, signed by the president and countersigned by th secretary, specifying the purpose and de Dartment for which, and the account upon which it is draw n, and made pay able to tho order of the person, Arm or corporation in whose favor it ^is issuedj provided, that orders in the form above prescribed may be issued at the proper Sm e, without specific action by the board in each instance, for the payment of sal aries or wages previously fixed and deter mined by board, and made payable at certain definite times and in certain defin ite installments, ._ 8* 11 I all appropriations, and in al? purchases made or liabilities incurred, said board shall not exceed In any fiscal year the amount of the estimate made therefor, as hereinbefore provided, and, except when otherwise author zed by law, no loans shall be made by said board at a ny time for any purpose, except when extraordina ry expenditure shall be re n dered unavoidable by fire or other^ un foreseen calamity, and such expenditure be approved by a majority vo te of the city council of such city. Sec. 12. Whenever the city treasurer shall ay any principal or interest on any water or light bond he shall immediately transmit to the secretary of said board a statement of such payment, together with the bond or coupon so redeemed, and. proper entry thereof shall be made by the secretary In the books kept for that pur pose. Sec. 13. Each such board shall, if a water wor ks Bystem be under its control, regulate the distribution and use of the water in all places and for all purposes where the sa me may be required for either public or priva te use, and fix the price and rates therefor, and from time to time cause to be assessed the water rate to be paid by the owner or occupant of each house or other building having or using water, upon such basis as they shall deem equitable, and such water rata shall become a continuing paramount Hen, until paid, upon each house or other building, and upon the lot or lots upon which such house or other building is sit uate, and th ey shall erect such new num ber of public hydrants and in such places as shall be ordered from time to time by the city council of such city. Said board is hereby authorized and required to ie strain and prevent a ny and all wastage of water, whether occurring under pr i vate or public use, and.to that end may, when in its judgment necessary, turn oft the water or take such other action as in its judgment may be proper. Sec. 1.4. That each such board shall have the power and authority to require payment in advance for the use of water furnished by them in or upon any build ing, place or premises, and in ca se prompt payment for the same shall not be made, th ey may shut off the water from such building, place or premises, and shall not be compelled again to sup ply said building, place or premises with water until said arrear s, wi th interest thereon, together with the cost and ex pense of turning said water off and on, as fixed by ordinance, shall be fully paid. Sec. 15. That each such board may from time to time, for the purpose of fur nishing a full supply of water to the in habitants of such city for any and all purposes, extend the water works system under its control in such manner as said board may deem best, subject to all con ditions herein contained. That the said board of municipal works of each sucn city shall establish such reasonable water rates as will at all times insure to such city at least a suf fllcient income to pay all the expenses and costs of operation, maintenance and repair of said system and works, and the interest on outstanding bonds. Sec. 16. It is hereby declared to be a misdemeanor, punishable by a fine not ex ceeding five hundred (500) dollars, or by imprisonment in the county jail not ex ceeding one year, or botn, at the discre tion 01 the court, for said board, or any of its officers, to knowingly omit the property of any person irom assessment ior waier rates, or neglect or refuse to collect the same, or to give any person other or -dirferent credit tor the use of water tnan mat given the whole public, or those belonging to the same class. Sec. 17. Kacii such boar a snail, If a municipal lighting pla nt be in operation in sucn city, reguiatt) me disu-ioutlon of lamps on the streets and public grounds of said city in suca manner as to proper ly light such streets ana public grouads, and shall determine the numoer and lo cation of sucn lamps and provide ior tne proper operation, care and maintenance of the same, ana of ail poies, wires, nx tures and appliances pertaining to the same, and sha.il nave the lull control and management 01 such lighting plant, out no extensions tor street lignuug shall ba made to the same nor auamoiial lamps placed except upon an amrmauve vote of a majority of ail the members of such ooara. Sec. 18. That each such board Is hereby, invested witn iuii power to maite and t-n- lorce sucn by-iaws, regulations and or dinances applicable to any or all of the wonts unuer tneir control as may be deemed necessary to cany into ettect the ODjects and intent or tnis act, a,nd not inconsistent herewith, ana to supply and uenne a ny power or raoae not aireaay specially designated herein, but conte m plated oy this act said board may pre scribe, as penally ior the violation of any, ordinance or pare thereof, tne imposition, upon tne offender of a line not exceeding one hundred Uooj dollars, or imprison me nt tor a term not exceeding ninety (DO) days said board snail cause all sucn by laws, regulations ana ordinances to be entered in a DOOK to oe kept tor that pur pose, and signed by the president and secretary, wmen, when so entered and signed, snail be evidence In any court of tnis state. All sucn regulations and or dinances shall be published at least once in tne official newspap er 01 such city. Sec. 19. iiivery contract for material or for tne construction ot any part of eny, of said works under the control of said board, which shall involve the expendi ture of a sum of two hundr ed (20u dol lars or more, shall be in writing and snail remain on file witn the secretary of said board. All work shall be let to the lowest responsible bidder therefor, ex cept incidental repairs or minor improve ments, after notice soliciting proposals for the doing of such work shall have been published in the official newspap er of such city, in at least two separate is sues of the same provided, said boa rd shall have the right to reject a ny and all bids, and such right shah be reserved in each advertisement soliciting bids and provided further, that in tne event of any extraordinary or sudden injury to any of tha said works or a ny part of such system whereby damage or loss might ensue by reason of any delay, or in the event of the lowest bid submitted being no less than ten (10) er cent greater than the engineer's estimate therefor, the said board may cause the damage to be repaired or tne proposed improvement to be made without contract and in such manner as the board may deem for the best Interests of the city and provided, further, that in all work o laying water pipe, said board may require all joints to be made by persons In the employ of said board. Sec. 20. Any person who shall without authority from said board lay a ny main or service pipe or take water therefrom, or open or shut any service cock or fire hydran t, or remove or unscrew, wholly or partially, the cap from such Are hy drant, or enter or form any connection, with or turn water into any tunnel exca vated or used by said board for the pur pose of laying its pipe, or who, being au thorized by said board to take water from any main or service pipe into any specified building or upon any specified premises, or to oe used for any specified purpose, shall, without authority from said board, use such water for a ny other than such specified purpose or permit any other person to use the same for any other than such specified purpose, or to take the same out of such building and also such other person so using or taking such water, or who, without lawful au thority, shall dig or excavate within ix (6) feet of any main, pipe, gate, hydrant or blow-off of said works, shall a deemed guilty of a misdemeanor, and shall, upon conviction thereof, be pun ished by a fine of not mo re than one hun dred (100) dollars, and not l^ss than twenty-flve (25) dollars, or by imprison ment in the county jail for a term of not more than three (3) months, nor less than twenty (20) days, or both such fine and imprisonment.fI.*12.*c,Se a person or persons shall maliciously or wilfully divert tne water, or any portion thereof, from any such water works, or shall corrupt or render the same impure, or shall destroy or in jure any canal, aqueduct, pipe, conduit, machinery or other proper ty used I re quired for procuring or distributing such water In any such city, or shall destroy or injure any of the machinery, fixtures or appliances used or required for oper ating the lighting plant or the sewerage pumping plant in such city, or do any act whi ch shall cripple the operation of any such plant, or reduce its fifllclency, such person or persons, and their aiders and abettors, shall forfeit to the said boa rd of such city, to be recovered in a civil action, treble the amount of dam ages (besides cost of suit), which shall appear on the trial therefor to have been sustained and all such act3 are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished by a fine not exceeding one thousand (1,000) dollars, or by im prisonment not exceeding one (1) vear, J^J^^fr^J*^^ 'Vf- I i I