Act not to Chattel Bills of Sale applied apply to 9. The provisions of "The Bills of Sale and Mortgage Act" shall not apply or be deemed to have to any mortgage or security made or taken in pursuance of under this the foregoing enactments. R.S.M. c. 43, s. 9. RULES AND REGULATIONS. mortgages Act. of 10. The owners, or board of management, or trustees, of owners or any creamery or cheese factory in the Province of Manitoba, management may make such rules and regulations as may be advisable or cheese for the due carrying on of the business of the creamery or make rules. cheese factory. R.S.M. c. 43, s. 10. factory may be required rules, and 11. The patrons of all creameries and cheese factories Patrons may may be required to subscribe their names to such rules and to subscribe regulations, and the rules and regulations shall be binding rules shall be on the patrons, owners or board of management who have so subscribed them. R.S.M. c. 43, s. 11. MILK AND CREAM STANDARDS. binding. milk and 12. No person shall sell milk in this Province contain-Standards for ing less than eleven and one-half per cent. of total solids, or cream. less than eight and one-half per cent. of solids, not fat, or less than three per cent. of butter fat; and no person shall sell cream containing less than fifteen per cent. of butter fat. R.S.M. c. 43, s. 12. selling below 13. Every person who violates any of the provisions of Penalties for section 12 of this Act shall, on conviction before a police standards. magistrate or any two justices of the peace, be liable to a penalty of not less than five dollars nor more than twentyfive dollars, and, in default of payment, to imprisonment for a period not exceeding two months. R.S.M. c. 43, s. 13. prosecute. 14. In each and every case of prosecution for violation Who to of section 12 of this Act, action shall be instituted by the superintendent of the dairy branch of the Department of Agriculture and Immigration, and such action may also be instituted by any other person. R.S.M. c. 43, s. 14; 5-6 Ed. 7, c. 20, s. 1. FRAUD AND ADULTERATION. selling, etc., or diluted 15. Whosoever shall knowingly and fraudulently sell, Penalty for supply, bring or send to any butter or cheese manufactory in adulterated this Province for manufacture any milk diluted with water, milk, etc. or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed Penalty for Liability for sending to milk. milk," or whosoever shall keep back any part of the milk known as "strippings," or whosoever shall knowingly and fraudulently sell, send, bring or supply to any butter or cheese manufactory milk that is tainted or partly sour from want of proper care in keeping clean and sweet any pail, strainer or other vessel in which said milk is kept, after being notified either verbally or in writing of such taint or carelessness, and any butter or cheese manufacturer who shall knowingly and fraudulently use, or direct any of his or her employees to use for his, her or their individual benefit, any cream from the milk brought to any cheese or butter manufactory, without the consent of all the owners thereof, shall for each and every offence be liable to a fine of not less than ten dollars, nor more than fifty dollars. R.S.M. c. 43, s. 15. 16. Any person sending to a cheese factory or creamery damages for watered, sour, skimmed, unclean or diseased milk, or milk factory from which the strippings have been retained, or using unwatered, etc., clean milk pails or utensils, shall be liable to any person who suffers damage thereby for any damage or loss incurred through carelessness or adulteration, such damage to be established before any justice of the peace upon the testimony of a director of a factory or other credible witness or witR.S.M. c. 43, s. 16. Before whom complaint nesses. 17. Any justice having jurisdiction within the locality may be heard. Where the offence has been committed, and having no pecuniary interest in any such butter or cheese factory as aforesaid, may hear and determine any such complaint as aforesaid upon the oath of one or more credible witnesses. R.S.M. c. 43, s. 17. How penalty, etc., enforced Imprisonment in default. 18. Such justice shall have power, in case the penalty or damages awarded by him be not forthwith paid upon conviction or order, with such costs as shall be awarded, to levy the same by distress and sale of the goods and chattels of the offender by warrant under his hand and seal. R.S.M. c. 43, s. 18. 19. In case of a penalty being imposed, on default of payment or sufficient distress, the offender may, by warrant signed and sealed as aforesaid, be imprisoned in a common gaol for a period not less than one day nor more than twenty days, at the discretion of such justice unless such penalty, costs and the charges of commitment be sooner paid. R.S.M. c. 43, s. 19. how applied. 20. The penalty or damages, when recovered, shall be Penalty, etc.. paid over by such justice to the owner, directors or trustees of the factory where or in respect of which the offence shall have been committed. R.S.M. c. 43, s. 20. aggrieved damages. 21. Any party aggrieved by such fraudulent conduct as Party aforesaid may, at his election, sue the offender in any civil may sue for court of competent jurisdiction, and recover from him the amount of damages sustained, and levy the same, with the costs, according to the ordinary practice of the court in which such suit shall be brought. R.S.M. c. 43, s. 21. BUTTER AND CHEESE BRANDS. tion. 22. In the four next following sections, unless the con- Interpretatext otherwise requires, (a) the expression "creamery" means a butter factory "Creamery." where the milk or cream of fifty or more cows is received, or a butter factory of which there are ten or more patrons or outside persons contributing milk or cream thereto; (b) a "cheese factory" means any place where cheese is made from the milk of fifty or more cows, or from milk contributed by ten or more patrons; "Cheese factory." dairy." (c) a "private dairy" means any place where butter is "Private made from the milk of less than fifty cows, owned and kept by one person, firm or corporation; (d) "home dairy cheese" means cheese made on any farm in Manitoba from the milk of less than fifty cows, for which no milk from outside farms is received. R.S.M. c. 43, s. 22. "Home dairy cheese." creamery 23. The proprietor, person, firm or corporation operat- Brand for ing any creamery in Manitoba shall register with the Depart- butter. ment of Agriculture and Immigration in Winnipeg a stencil showing the name and address of such creamery, and having the words "Creamery Butter" and the number of the stencil as furnished by the said Department, and shall brand, imprint or impress such stencil on all packages of butter manufactured at such creamery and shipped therefrom. R.S.M. c. 43, s. 23. factory. made 24. The proprietor, person, firm or corporation operat-Brand for ing any cheese factory in Manitoba shall register with the in cheese Department of Agriculture and Immigration in Winnipeg a stencil showing the name and address of such factory, and having the words "Full Cream Cheese" and the number of the stencil as furnished by said Department, and shall brand, imprint or impress such stencil on all cheese manufactured at such factory and shipped therefrom. R.S.M. c. 43, s. 24. 1 Brand for dairy butter. Brand for home dairy cheese. Brand to be used by shippers. Size of letters in stencil. Penalties. Regulations to be made 25. The proprietor or person, firm or corporation operating any private dairy in Manitoba shall register with the Department of Agriculture and Immigration in Winnipeg a stencil showing the name and address of such proprietor or person, firm or corporation, and having the words "Dairy Butter" and the number of the stencil as furnished by said Department, and shall brand, imprint or impress such stencil on all packages of butter containing ten or more pounds made in such dairy and shipped therefrom. R.S.M. c. 43, s. 25. 26. Every maker of home dairy cheese in Manitoba shall register with the Department of Agriculture and Immigration in Winnipeg a stencil showing his name and address, and having the words "Home Dairy Cheese" and the number of the stencil as furnished by said Department, and shall brand, imprint or impress such stencil on every cheese of eight or more pounds in weight, made and shipped out or sold by him. R.S.M. c. 43, s. 26. 27. Every person, firm or corporation who ships butter or cheese on consignment or otherwise from any place in Manitoba, through any common carrier, shall register with the Department of Agriculture and Immigration in Winnipeg a stencil showing his or its name and address and the number of the stencil as furnished by said Department, and shall brand, imprint or impress such stencil on every package of butter or cheese so shipped by hinf or it. R.S.M. c. 43, s. 27. 28. Every such stencil shall have letters and figures not less than three-eighths of an inch in height and one-quarter of an inch in width. R.S.M. c. 43, s. 28. 29. Every person who violates any of the provisions of the six last preceding sections of this Act shall, on conviction before a police magistrate or any two justices of the peace, be liable to a penalty of not less than ten dollars nor more than thirty dollars, and, in default of payment, to imprisonment for a period not exceeding two months. R.S.M. c. 43, s. 29. 30. The Minister of Agriculture and Immigration may by Minister. make such regulations as he may deem necessary for the registering and numbering of such stencils, and for the better carrying out of the provisions and objects of this Act. R.S.M. c. 43, s. 30. CHAPTER 50. An Act respecting the Manitoba Dairy Association. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Dairy Association Act." R.S.M. c. 44, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, (a) the expression "association" means the Manitoba Association. Dairy Association. R.S.M. c. 44, s. 2. INCORPORATION. tion body 3. The said association is and shall continue to be a The Associabody corporate and politic, under the name of "The Mani-corporate. toba Dairy Association," for the purpose of the encouragement of dairying in Manitoba, and for all purposes connected therewith or relating thereto; and the said associa- Property. tion may acquire and hold, lease, mortgage and alienate property, real or personal, but only for the purposes of the association. R.S.M. c. 44, s. 3. stituting 4. The association shall be composed of all persons pay- Persons coning an annual subscription of not less than one dollar to Association. the funds of the association, on or before the thirty-first day of October in each year, and who have attached, or who shall attach, their signatures to a declaration in or to the effect of the form contained in schedule A to this Act. R.S.M. 44, s. 4. C. officers 5. The present directors and officers of the association Present shall continue in office until their successors are appointed. continued. R.S.M. c. 44, s. 5. |