717. Proceedings not affected by vacancy. No proceeding in any court of justice, in an action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof. [C. L. § 3057.

Ending of term during trial, effect, ? 706.

718. English language used. Every written proceeding in a court of justice in this state shall be in the English language, and judicial proceedings shall be conducted, preserved, and published in no other. [C. L. § 3058.

719. Abbreviations. Numbers. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner. [C. L. § 3059.

720. When jurisdiction given, means to enforce implied. When jurisdiction is, by statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the statute or of the codes of procedure. $ 3060.

Writs necessary to carry judgment into effect may be issued, Con. art. 8, secs. 4, 7.

[C. L.

TITLE 14.

COURT STENOGRAPHERS.

721. District judge may employ. The judge of a district court may employ and contract with a stenographer to report the proceedings of such court, in the manner and under the limitations hereinafter provided. In districts where there are two or more judges, each judge thereof may employ and contract with a stenographer. ['96, p. 230.

722. Contracts. Duties and compensation. The judge of such district court may make a written contract with a competent person qualified to report stenographically the proceedings of the court. Said contract shall expressly provide that the stenographer shall attend all sittings of the court, take full stenographic notes of the testimony and of all proceedings given or had thereat, except when the judge dispenses with his services in a particular cause, or with respect to a portion of the proceedings thereof; that the stenographer shall file with the clerk, forthwith, the original stenographic notes taken at the trial or hearing so required to be taken; that all objections made to the rulings, decisions, and opinions of the court, and the exceptions taken during the trial or hearing, shall be written out at length, or typewritten by the stenographer, and filed with the clerk forthwith after the close of the trial or hearing, if required by either party to the action; that the stenographer shall furnish upon request, with all reasonable diligence, to the defendant in a criminal cause, or a party or his attorney in a civil cause in which he has attended the trial or hearing, a copy written out at length or in narrative form from his stenographic notes of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment by the person requiring the same of such fees as shall be provided in said contract. Such contract shall also expressly provide that the compensation of such stenographer shall be at a certain rate per day, while actually engaged in reporting the proceedings of the court, which shall not exceed the sum of eight dollars, and for the compensation of such stenographer for transcribing into longhand or typewriting his stenographic notes of the testimony and proceedings, or a part thereof, which

Repealed - Chapt 12-1829

Repeated su Chapt 77-1899

shall not exceed the sum of eight cents per folio for copy written out at length, or ten cents per folio, written out in narrative form; and not to exceed two cents per folio for additional copies, when furnished to the same party ordering the original, whether written out at length or in narrative form, not exceeding two such additional copies. Such contract shall further provide that the said stenographer shall hold his employment at the pleasure of the judge of the court appointing him, or his successor, and may also provide that said stenographer shall be paid not to exceed ten cents per mile for each mile actually traveled by him in performance of his part of said contract, and the amount thereof shall be certified by the court to the state auditor, who shall draw his warrant upon the state treasurer for the amount so certified, and the same shall be paid out of the state treasury. Such contract may contain such other stipulations and conditions as may be agreed upon by the said judge and the said stenographer. [96. pp. 230-1.

723. Assistant. The stenographer may, when necessary, with the consent of the court, employ an assistant, who shall receive the same compensation as the stenographer, and whose minutes, transcripts, and certificates shall have force and effect as though made by the official stenographer.

724. Transcript. The objections and exceptions to the rulings, decisions. and opinions of the court, which shall be written out by the stenographer and filed with the clerk, as provided in said contract, may be settled thereafter in a bill of exceptions. ['96, p. 231.

725. Transcript prima facie evidence. The report of the stenographer so employed, when written out in longhand writing, or typewritten, and certified by him as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings. ['96, p. 231. 726. Bond. Before any stenographer so employed shall enter upon the discharge of his duties under the said contract, he shall give a bond with sufficient surety, conditioned for the faithful performance of said contract, in the sum of twenty-five hundred dollars, or such further sum as the judge shall fix. Said bond shall run to the judge in his official capacity, but an action thereon may be maintained by any person whose rights are affected by the failure of the stenographer to perform any condition of the said contract. ['96, p. 231.

costs.

727. Fees. In all civil cases, the per diem of the stenographer provided in said contract shall be paid daily in advance by the party who requests the services of such stenographer, and shall be taxed up by the clerk of the court as In case of the failure of the jury to agree, the plaintiff must pay the stenographer's fees for time employed, and transcripts ordered by the plaintiff which have accrued up to the time of the discharge of the jury. In cases where a transcript has been ordered by the court, the fees for transcribing must be paid by the respective parties to the action or proceeding, in equal proportion, or by such of them and in such proportion as the court in its discretion may order: and no judgment or verdict shall be entered, except the court shall otherwise order, until the stenographer's fees are paid, or a sum equivalent thereto deposited with the clerk of the court therefor. In no case shall a transcript be taxed as costs unless ordered either by the plaintiff or defendant, or by the court; nor shall the stenographer be required in any civil case to transcribe his notes until the fees therefor be tendered him, or a sufficent amount to cover the same be deposited in court for that purpose. The party ordering the stenographer to transcribe any portion of the testimony or proceedings must pay the fees to the stenographer therefor. If the defendant in a criminal case desires to have the stenographer transcribe his notes taken on the trial, he must pay the stenographer's fees therefor, or deposit a sum equivalent thereto with the clerk of the court therefor, or the court must refuse to order the stenographer to transcribe his notes; provided, that if it appear by affidavit made by the defendant in person, that said defendant is impecunious and unable to pay the stenographer's fees for

transcribing his notes, and that a transcript of the same is necessary in perfecting an appeal on behalf of the defendant, and said facts are not successfully controverted by the county attorney or by affidavit of some person cognizant of the facts, the court may issue an order directing that the stenographer transcribe his notes taken on the trial of the defendant, or so much thereof as the court may deem necessary, at the cost of the state. In criminal cases, when the proceedings have been taken down or transcribed upon the order of the court the fees of the stenographer shall be certified by the court to the state auditor, who shall draw his warrant upon the state treasurer for the amount so certified, and the same shall be paid out of the state treasury. Where two full days' time was allowed the court stenographer, the refusal of the court to retax costs will not be disturbed on appeal where the record

['96, p. 232*.

does not show clearly the number of hours the stenographer was employed. Andreson v. Ogden Depot Co., 7 U. 396; 26 P. 1119.

728. Id. Judge or state not liable for. Neither the judge employing and contracting with such stenographer nor the state or any department thereof, shall be liable to the stenographer for any compensation, fee, or mileage, except as provided in sections seven hundred and twenty-two and seven hundred and twenty-seven. ['96, p. 232.

TITLE 15.

DAIRY PRODUCTS.

729. Impure milk. Penalty. Every person who shall sell or offer for sale, or furnish, or deliver, or have in his possession with intent to sell, offer for sale, furnish, or deliver, as pure, wholesome, and unskimmed, any unmerchantable, adulterated, impure, or unwholesome milk, shall, upon conviction thereof, be punished by a fine of not less than ten nor more than one hundred dollars for each and every offense. ['96, p. 164.

730. Id. Proof. In all prosecutions or other proceedings under this or any other law of this state relating to the sale or furnishing of milk, if it shall be proved that the milk sold, offered for sale, furnished, delivered, or had in possession with intent to sell, offer for sale, furnish, or deliver as aforesaid, as pure, wholesome, and unskimmed, has been adulterated or diluted or any part of its cream abstracted, or that it or any part of it was drawn from any cow within twenty days before or five days after parturition, or from any cow that has any disease, or ulcer or other running sore, then and in either case the said milk shall be held and adjudged to have been unmerchantable and adulterated, impure or unwholesome, as the case may be. ['96, p. 164*.

731. Skimmed milk. Penalty. No person shall sell, exchange, deliver, or have in his custody or possession with intent to sell, exchange, or deliver, milk from which the cream or any part thereof has been removed, unless in a conspicuous place above the center upon the outside of every vessel, can, or package, from or in which such milk is sold, the words "skimmed milk" are distinctly marked in uncondensed gothic letters, each not less than one inch in height. Such skimmed milk shall not contain less than nine per cent of milk solids exclusive of fats. Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than ten or more than one hundred dollars for each and every offense. ['96, pp. 164–5.

732. Tests. Proof of adulterations and skimming may be made with such standard tests and lactometers as are used to determine the quality of milk, or by chemical analysis. ['96, p. 165.

733. Use of injurious chemicals. Every person who shall sell, or offer for sale, consign, or have in his possession with intent to sell, any milk, cream, butter, cheese, or other dairy products, or who shall deliver to any creamery or cheese factory, milk or cream to be manufactured into butter or cheese to which boracic acid, or salicylic acid, or compounds containing them or other chemicals injurious to health, have been added, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hundred dollars for each and every offense.

['96, p. 165*. 734. Skimmed-milk cheese. No person shall manufacture, or shall buy, sell, offer, ship, consign, expose, or have in his possession for sale, any cheese manufactured from or by the use of skimmed milk to which there has been added any fat which is foreign to such milk. ['96, p. 165*.

735. Id. Size. No person shall manufacture, or shall buy, sell, offer. ship, consign, expose, or have in his possession for sale, within this state, any skimmed milk cheese, or cheese manufactured from milk from which any of the fats originally contained therein have been removed, except such cheese be not less than nine nor more than eleven inches in diameter, and not less than nine inches in height. ['96, p. 165*.

736. Imitation butter. Oleomargarine. No person shall render or manufacture, sell, ship, consign, offer for sale, expose for sale, take orders for the future delivery of, or have in his possession with intent to sell, any article. product, or compound made wholly or partly out of any fat, oil, or oleaginous substance or compound thereof, not produced from unadulterated milk, or cream from the same, and without the admixture or addition of any fat foreign to said milk or cream, which shall be an imitation of yellow butter produced from pure unadulterated milk, or cream of the same, with or without coloring matter; provided, that nothing in this title shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form and in such manner as will advise the consumer of its real character, but it must be free from coloration or ingredient that causes it to look like butter, and free from any word, brand, or marking, either upon the package or upon any wrapper or upon the contents of the same which would in anywise tend to deceive the purchaser or consumer. ['96, pp. 165-6*.

737. Id. Selling as butter. It shall be unlawful for any person to sell or offer for sale to any person who asks, sends, or inquires for butter, any oleomargarine, butterine, or any substance made in imitation or semblance of pure butter and not made entirely from the milk of cows, with or without coloring matter. ['96, p. 166*.

738. Id. Exposing same for sale. Marking packages. It shall be unlawful for any person to expose for sale oleomargarine, butterine, or any similar substance not marked and distinguished on the outside of each tub, package, or parcel thereof by a placard with the word "oleomargarine," or "butterine," and not having also upon the exposed contents of every open tub, package, or parcel thereof a conspicuous placard with the word "oleomargarine, "butterine," such placard in each case to be printed in plain, uncondensed gothic letters, not less than one inch long, and to contain no other words thereon. ['96. p. 166*.

or

739. Id. Placard. It shall be the duty of every person who sells oleomargarine, butterine, or any similar substance from any dwelling, store, office, or public mart, to have conspicuously posted thereon the placard or sign, in letters not less than four inches in length, "oleomargarine sold here." or "butterine sold here." Such placards shall be approved by the dairy and food inspector of the town or city, or if there is no such officer, by the clerk of the county, city recorder, or town clerk. ['96, p. 166.

740. Id. On wagon. It shall be unlawful for any person to peddle,

sell, solicit orders for the future delivery of, or deliver, from any cart, wagon, or other vehicle, oleomargarine, butterine, or any similar substance, without having on the outside of both sides of said cart, wagon, or other vehicle the placard in uncondensed gothic letters, not less than three inches in length, "oleomargarine" or "butterine." ['96, p. 166*.

741. Oleomargarine, etc., in hotels. It shall be unlawful for any person to furnish or cause to be furnished in any hotel, boarding house, restaurant, or at any lunch counter, oleomargarine, butterine, or any similar substance to any guest or patron of said hotel, boarding house, restaurant, or lunch counter, without first notifying each guest or patron that the substance so furnished is not butter. [96, pp. 166-7.

742. Penalties. Any person who shall violate any of the provisions of the eight preceding sections of this title shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished for the first offense by a fine of not less than twenty-five dollars; and upon conviction of any subsequent offense, shall be punished by a fine of not less than fifty dollars, or by imprisonment in the county jail for not less than ten days, or by both such fine and imprisonment, at the discretion of the court. ['96, p. 167.

743. Pure butter and cheese to be used in public institutions. No butter or cheese not made wholly and directly from pure milk or cream, salt, and harmless coloring matter shall be used in any of the charitable or penal institutions of the state. Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be fined not less than twenty-five or more than fifty dollars for the first offense, or for each subsequent offense not less than fifty nor more than one hundred dollars, or be imprisoned in the county jail not less than ten or more than sixty days, or by both such fine and imprisonment. ['96, p. 167.

744. Search warrants. When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that imitation butter, or imitation cheese, or any substance designed or intended to be used as a substitute for butter or cheese, is in the possession or under the control of any person or persons contrary to the provisions of the law of this state, and that the complainant believes that it is concealed in any particular warehouse, store, or refrigerator for mercantile purposes, the magistrate, if he be satisfied that there is cause for such belief, shall issue a warrant for such property. ['96, p. 167. When search warrant may issue. Con. art. 1, sec. 14. Search warrant generally, 5081-5102.

745. Id. Contents. All such warrants shall describe and designate the place and property to be searched for, and shall be directed to the sheriff of the county or his deputy, or to any constable of the county, commanding such officer to search the house, building, store, or other place where imitation butter, or imitation cheese, or any substance designed or intended to be used as imitation butter or cheese for which he is required to search, is believed to be concealed, and to bring such property when found and the person or persons in whose possession the same shall be found before the magistrate who issued the warrant or before some other magistrate or court having cognizance of the case. ['96, pp. 167-8.

746. Id. Seizure. Analysis. Confiscation. When any officer in the execution of a search warrant under the provisions of this title shall find any imitation butter or cheese, or any substance designed or intended to be used as an imitation of butter or cheese and for which a search is allowed by this title, all the property so seized shall be safely kept by the direction of the court or magistrate, so long as shall be necessay for the purpose of being produced as evidence on any trial: provided, that it shall be the duty of the officer who serves a search warrant issued for imitation butter or imitation cheese or any substance designed or intended to be used as imitation butter or cheese and alleged to be in his pos