SECT. 3. The representatives chosen in the several dis- CHAP. 150 tricts shall, at the time of their election, be residents therein. Qualification. The foregoing division of the state into representative districts, shall be, and continue in force until an apportionment shall be made for representatives to congress, after taking the eleventh census. filled. SECT. 4. In case any vacancy among the representatives Vacancies, how to congress requires an election prior to the second Monday of September, one thousand eight hundred and eighty-four, or at any other time, then such vacancy shall be filled by the proper district under this apportionment. SECT. 5. This act shall take effect when approved. Approved February 26, 1883. Chapter 150. An Act relative to the taxation of Horse Railroad Companies. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Horse railroad corporations and associations are hereby made subject to the provisions of the act entitled "An Act relating to the taxation of railroads," approved March seventeen, one thousand eight hundred and eighty-one, except that the tax shall be ascertained as follows, when the gross average receipts per mile shall not exceed one thousand dollars, the tax shall be equal to one-tenth of one per cent. on the gross transportation receipts; and for each one thousand dollars additional average gross receipts per mile, or fractional part thereof, the rate shall be increased one-tenth of one per cent. SECT. 2. This act shall take effect when approved. Approved February 26, 1883. Taxation of horse railroads pro vided for. CHAP. 151 Right to erect and maintain of cutting ice. Chapter 151. An Act additional to chapter ninety-two of the Revised Statutes, concerning mills and mill-dams. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: In order to create ponds for the purpose of cutting and dams for purpose harvesting ice for the market, any persons or corporation may erect and maintain, on their own land, a dam or dams, on streams not navigable or floatable, but emptying into tide waters, navigable in the winter, and flow the lands above during the months of November, December, January, February, March and April; but they shall draw off the water to its natural state by the twentieth day of May in each year; and if any such lands are injured by such flowing, the owners thereof shall have the same remedies in all respects as in case of lands flowed by dams erected and maintained for mill purposes, provided, however, that no right shall be granted by this aet to flow any mill-dam or any mill privilege, improved or unimproved. Damages, how recovered. Proviso. Approved February 28, 1883. Sec. 127, ch. 82, Execution may be renewed within ten years after return day of preceding execution. Chapter 152. An Act to amend section one hundred and twenty-seven of chapter eighty-two of the Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section one hundred and twenty-seven of chapter eightytwo of the revised statutes, is hereby amended, by striking out the word "three" in the second line of said section, and inserting the word 'ten,' so that said section, as amended, shall read: 'SECT. 127. An alias or pluries execution may be issued within ten years after the day of the return of the preceding execution, and not afterwards.' Approved February 28, 1883. CLERK OF COURTS OF SOMERSET COUNTY.-BUTTER AND CHEESE. Chapter 153. An Act to establish the salary of the Clerk of the Supreme Judicial Court for Somerset County. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: That so much of section five of chapter one hundred and fifty of the public laws of eighteen hundred and seventy-nine, as relates to the salary of the clerk of the supreme judicial court for Somerset county, is hereby repealed, and the salary of said clerk is hereby established at and restored to what it was before the passage of said section of said act. Approved February 28, 1883. 125 CHAP. 153 Salary of clerk of courts for Som erset county, restored. Chapter 154. An Act to prevent deception in sales of butter and cheese. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Whoever, by himself or his agents, shall sell, expose for sale or have in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of butter, or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words, adulterated butter, or if such substitute is the compound known as oleomargarine, then the word, oleomargarine, stamped, labeled or marked, in printed letters of plain roman type not less than one inch in length so that said word cannot be easily defaced, upon the top and side of every tub, firkin, box or package containing any of said articles, substance or compound. And in case of retail sales of any of said articles, substance or compound not in the original packages, the seller, by himself or his agents, shall attach to each package so sold at retail, and deliver with said package to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of said package the words, adulterated butter, or the word, oleomargarine, as herein provided, in printed letters of plain roman type not less than one-half inch in length. Sale of adulteroleomargarine, ated butter and CHAP. 154 Sale of adulterated cheese, regulated. Penalty for violation of act. Duty of officers to make complaints. SECT. 2. Whoever, by himself or his agents, shall sell, expose for sale or have in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words, imitation cheese, stamped, labeled or marked, in printed letters of plain roman type not less than one inch in length, so that said words cannot be easily defaced, upon the side of every cheese-cloth or band around the same, and upon the top and side of every tub, firkin, box or package containing any of said article, substance or compound. And in case of retail sales of any of said article, substance or compound not in the original packages, the seller, by himself or his agents, shall attach to each package so sold at retail, and deliver with said package to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of said package the words, imitation cheese, in printed letters of plain roman type not less than one-half inch in length. SECT. 3. Whoever sells, exposes for sale or has in his possession, with intent to sell, any article, substance or compound made in imitation or semblance of butter, or as a substitute for butter, except as provided in section one; whoever sells, exposes for sale, or has in his possession with intent to sell, any article, substance or compound made in imitation or semblance of cheese, or as a substitute for cheese, except as provided in section two; and whoever shall deface, erase, cancel or remove any mark, stamp, brand, label or wrapper provided for by this act, or change the contents of any box, tub, article or package marked, stamped or labeled as aforesaid, with intent to deceive as to the contents of said box, tub, article or package, shall for every such offense, forfeit and pay a fine of one hundred dollars, and for a second and each subsequent offense a fine of two hundred dollars, to be recovered, by indictment, with costs in any court of this state, of competent jurisdiction. SECT. 4. It shall be the duty of every inspector of milk, sheriff, deputy sheriff or constable to institute complaint for violating the provisions of this act whenever he has reasonable cause for suspicion, and on the information of any person vide for the support and relief of immigrants who shall fall CHAP. 172 into distress, he shall designate for such duty the board of overseers of the poor and their successors in such town or city, or any member or members of such board. Approved March 7, 1883. Chapter 172. An Act to amend section three of chapter twenty-nine of the Revised Statutes of eighteen hundred and seventy-one, relating to bowling alleys and billiard rooms. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: S., amended. Section three of chapter twenty-nine of the revised statutes Sec. 3. ch. 29, R. of eighteen hundred and seventy-one, is hereby amended by inserting the words 'pool, bagatelle,' after the word "alley," in the first line of said section, so that said section, as amended, shall read as follows: 'SECT. 3. No person shall keep a bowling alley, pool, bagatelle, or billiard room, without a license, under a penalty of ten dollars for each day such alley or room shall be so kept, to be recovered upon complaint before a judge of a municipal or police court or trial justice, or by indictment, to the use of the person prosecuting.' Approved March 7, 1883. Penalty for keep ing bowling alley, etc., without license. Chapter 173. An Act to amend an act entitled "An Act to amend section fifty-five, chapter fortynine of the Revised Statutes, relating to foreign insurance companies." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: That section fifty-five, chapter forty-nine of the revised statutes, as amended in eighteen hundred and seventy-four, section two hundred and seven, shall be amended by striking out the word "the," in the third line of said section, and inserting the words 'each and every,' so that said section shall, as amended, read as follows: Sec. 55 ch. 49, R. S., as amended in 1874 further amended. |