camr . ..-z_ QC 89 $B 5bM 771 GIFT OF LAWS OF he State of New i ork RELATING TO WEIGHTS AND MEASURES PUBLISHED BY DEPARTMENT OF WEIGHTS AND MEASURES OF THE STATE OF NEW YOP.K ALBANY 7-7-10-300 J (28-12328) 0. CHAPTER 20 OF THE CONSOLIDATED LAWS GENERAL BUSINESS LAW Article 2 as amended by Chapters 187 and 470 of the Laws of igio. ARTICLE 1. Short Title Section 1. Short title. i. Short title. This chapter shall be known as the " General Business Law." ARTICLE 2 Weights and Measures Section 2. Description of weights and measures. 3. The unit of length and surface. 4. Units of weight. 5. Units of capacity. o-a. 5-b. Bottles or jars for milk and cream. 6. Heap measure. 7. Measure for bran. 8. Number of pounds to the bushel. 9. Barrels of apples, quinces, pears and potatoes. 10. Construction of contracts. 11. Duties of state superintendent of weights and measures. 12. Copies of standard weights and measures. 13. County sealer; duties of county sealer; duty of supervisors. 14. City sealer. 15. Weights and measures to be sealed. 2. Description of weights and measures. The standard weights and measures that were furnished to this state by the government of the United States, in accordance with a joint resolution of congress, approved June fourteenth, eighteen hundred and thirty-six, and consisting of one standard yard measure and one set of standard weights, comprising one Troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five and fifty pounds respectively; one. set of standard Troy ounce weights, divided decim- ally from ten ounces to the one ten-thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty- one cubic inches, one-half gallon, one quart, one pint and one-half pint measure; and one standard half bushel, containing one thousand and seventy-five cubic inches and twenty one-hundredths of a cubic inch, ac- cording to the inch hereby adopted as standard, and such new weights, measures, balances and other appara- tus as mav be received from the United States as 329271 standard weights, measures, balances and apparatus in addition tht-r !.(.! in renewed thereof as well as such weights,' measures, balances' and 'apparatus as may be added by the state department of weights and measures and verified by the national bureau of standards shall be the standard of weights and measures throughout this state. (Amended by Laws of 3910.) 3. The unit of length and surface. The units or standard measures of length and surface, from which al! other measures of extension, whether lineal, super- ficial or solid, shall be derived and ascertained, are the standards of length designated in this article. For measures of cloths and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths, and sixteenths. The rod, pole or perch, contains five and one-half yards; the mile, one thousand seven hundred and sixty yards. The chain for measuring land is twenty-two yards long and is divided into one hundred equal parts called links. The acre for land measure, shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. (Amended by Laws of 1910.) 4. Units of weight. The units or standards of weight from which all other weights shall be derived and ascertained, shall be the standard weights desig- nated in this article. The hundred-weight consists of one hundred avoirdupois pounds and twenty hundred weight are a ton. In all transactions relating to the sale or delivery of coal two thousand avoirdupois pounds in weight shall constitute a legal ton. (Amended by Laws of 1910.) 5. Units of capacity. The units or standards of measure of capacity for liquids from which all other measures shall be derived and ascertained shall be the standards designated in this article. The barrel is equal to thirty-one and one-half gallons and two barrels are a hogshead. The parts of tlie liquid gallon shall be derived from the gallon by continual division by the number two, so as to make half gallons, quarts, pints, half pints and gills. The peck, half peck, quarter peck, quart, pint and half pint for measuring commodities which are not liquids shall be derived from the half bushel by successively dividing that measure by two. The standard of measure for buying and selling straw- berries, raspberries, blackberries, currants, gooseberries, plums, cherries, cranberries and other small fruits shall be the quart, which shall contain when even full sixty- seven and two-tenths cubic inches; the pint, which when even full shall contain thirty-three and six-tenths cubic inches; tlie half pint, which when even full shall con- tain sixteen and eight-tenths cubic inches; multiples of the quart, which when even full shall contain like mul- tiples of sixty-seven and two-tenths cubic inches. 5-a. Bottles or jars for milk and cream. Bottles used for the sale of milk and cream shall be of the capacity of half gallon, three pints, one quart, one pint, half pint and one gill, filled full to the bottom of the cap ring or stopple. The following variations on individual bottles or jars may be allowed: six drams above and six drams below on the half gallon; five drams above and five drams below on the three pint; four drams above and four drams below on the quart; three drams above and three drams below on the pint ; two drams above and two drams below on the half pint, and two drams above and two drams below on the gill. Bottles of jars used for the sale of milk shall have clearly blown, or otherwise permanently marked, in the sides or bottom of the bottle the name, initials or trade- mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the state superintendent of weights and measures upon application by the manufacturer, and a record of the designating numbers and to whom furnished shall be kept in the office of the superintendent of weights and measures. 5-b. Any manufacturers who sell milk and cream bottles to be used in this state that do not comply as to size and marking with the provisions of section five-a shall suffer a penalty of five hundred dollars, to be recovered by the attorney-general in an action to be brought in the name of the people of the state of New York. Any dealer who knowingly uses for the purpose of selling milk or cream jars or bottles pur- chased after this law takes effect that do not comply with section five-a as to marking and capacity shall be deemed guilty of giving false or insufficient measure. (Sections 5-a and 5-b take effect January 1st, 1911, and con- stitute Chapter 470 of the Laws of 1910.) 6. Heap measure. The measure of capacity for all commodities commonly sold by heap measure shall be the half bushel and its multiples and subdivisions. The measures used to measure such commodities shall be cylindrical, with plain and even bottom, and of the diameter of nineteen and one-half inches from outside to outside if a bushel; fifteen and one-half inches if a half bushel, and twelve and one-third inches if a peck. All commodities sold by heap measure shall be duly heaped up in the form of a cone, the outside of the measure to be the limit of the base of the cone, and the cone to be as high as the commodities will admit. 7- Measure for bran. The standard measure of capacity for bran and shorts shall be forty quarts to the bushel. The measure used for measuring such commodities shall be round, with a plain or even bot- tom, and it shall be thirteen and one-half inches in diameter in the clear at the top, and fifteen inches and one-half in diameter in the clear at the bottom, and of sufficient depth to contain such number of quarts, when stricken with a round, straight stick or roller of uniform diameter. 8. Number of pounds to the bushel. Whenever any commodity specified in this section is sold by the bushel, and no special agreement is made by the parties as to the mode of measuring, the bushel shall consist of sev- enty pounds of lime or coarse salt; sixty pounds of wheat, peas, potatoes, clover-seed or beans; fifty-seven pounds of onions; fifty-six pounds of Indian corn, rye or fine salt; fifty-five pounds of flax-seed; fifty-four pounds of sweet potatoes; fifty pounds of corn meal, rye meal or carrots; forty-eight pounds of barley, apples or buckwheat; forty-five pounds of herds-grass, timothy seed or rough rice; forty-four pounds of Sea island cotton seed ; thirty-three pounds of dried peaches ; thirty-two pounds of oats; thirty pounds of upland cotton seed; twenty-five pounds of dried apples; twenty pounds of bran or shorts. For a fractional part of the bushel a like fractional part of the above weights shall be required. (Amended by Laws of 1910.) 9. Barrels of apples, quinces, pears and potatoes. A barrel of pears, quinces or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure. A barrel of apples shall be of the follow- ing dimensions: head diameter, seventeen and one- eighth inches; length of stave, twenty-eight and one-half inches; bulge, not less than sixty-four inches outside measurement, to be known as the standard apple barrel. Oi- where the barrel shall be mado straight or without a bulge, it shall contain the same number of cubic inches as the standard apple barrel. Every person buying or selling apples, pears, quinces or potatoes in this state by the barrel, shall be understood as refer- ring to the quantity or size of the barrel, specified in this section, but when potatoes are sold by weight, the quantity constituting a barrel shall be one hundred and seventy-four pounds. No person shall make, or cause to b9 made, barrels holding less than the quantity herein specified, knowing or having reason to believe that the same are to be used for the sale of apples, quinces, pears or potatoes, unless such barrel is plainly marked on the outside thereof with the words " short barrel " in letters of not less than one inch in height. No person in this state shall use barrels hereafter made 6 for the sale of such articles of a size less than the size specified in this section. Every person violating any provision of this section shall forfeit to the people of this state a sum of five dollars for every barrel put up or made or used in violation of such provision. 10. Construction of contracts. All contracts made within the state for work to be done, or for the sale or delivery of personal property, by weight or measure, shall be taken and construed according to the standards ot' weights and measures adopted in this article. ii. Duties of state superintendent of weights and measures. The state superintendent of weights and measures shall take charge of the standards adopted by this article as the standards Df the state; cause them to be kept in a fireproof building belonging to the state, from which they shall not be removed, except for repairs or for certification, and take all other necessary pre- cautions for their safe-keeping. He shall maintain the state, standards in good order and shall submit them once in ten years to the national bureau of standards for certification. He shall correct the standards of the several cities and counties and, as often as once in five years, compare the same with those in his pos- session, and where not otherwise provided by law he shall have a general supervision of the weights, meas- ures and measuring and weighing devices of the state, and in use in the state. He shall upon the written request of any citizen, firm, corporation or educational institution of the state, test or calibrate weights, meas- ures, weighing or measuring devices and instruments or apparatus used as standards in the state. He, or hio deputies or inspectors by his direction, shall at least once annually test all scales, weights and meas- ures used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the fiscal supervisor of state charities and he shall re- port in writing his findings to said fiscal supervisor and to the executive officer of the institution concerned; and at the request of said officers the superintendent of weights and measures shall appoint in writing one or more employees, then in actual .service, of each in- stitution, who shall act as special deputies for the pur- pose of checking the receipt or disbursement of sup- plies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state and take receipt for the same from his successor in office. He shall annually during the first two weeks of January make to the legislature a report of the work done by his office. The state superintendent, or his deputies or inspectors by his direction, shall inspect all standards used by the counties or cities at least once in two years and shall keep a record of the same. He, or his deputies or inspectors at his direction, shall at least once in two years visit the various cities and counties of the state in order to inspect the work of the local sealers and in the performance of such duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. (Amended by Laws of 1910.) 12. Copies of standard weights and measures. The stixte shall have a complete set of copies of the original standards of weights and measures adopted by this article, which shall be used for adjusting county ' standards, and the original standards shall not be used except for the adjustment of this set of copies and for scientific purposes. The state superintendent of weights and measures shall see that the foregoing provisions of this section a ro complied with and procure such apparatus and fix- tures, if the same have not already been procured, as are necessary in the comparison and adjustment of the county standards. He shall cause all the city and county standards to be impressed with the emblem of the United States, the letters " N. Y.," and such other devices as he shall direct for the particular county. 13. County sealer; duties of county sealer; duty of supervisors. There shall be a county sealer of weights and measures in each county, who shall be appointed by the board of supervisors and hold office during the pleasure of such board. He shall be paid a salary determined by the board of supervisors and shall be provided by them with the necessary working equip- ment of standard weights and measures. He shall take charge of and safely keep the county standards. Where not otherwise provided by law, the county sealer shall linve the power within his county to inspect, test, try and ascertain if they are correct, all weights, scales, bourns, measures of every kind, instruments or mechani- cal devices for measurement and the tools, appliances or accessories connected with any or all such instruments or measurements used or employed within the county by any proprietor, agent, lessee or employee in deter- mining the size, quantity, extent, area or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for sale, for hire or award. He shall at least twice in each year and as much oftener as he may deem necessary see that the weights, measures and all ap- paiatus used in the county are correct. He may for tht purposes above mentioned, and in the general per- formance of his official duties, enter or go into or upon and without formal warrant, any stand, place, building or premises or may stop any vender, peddler, junk S dealer, coal wagon, ice wagon or any dealer whatsoever, for the purposes of making the proper tests. Whenever the county sealer finds a violation of the statutes re- lating to weights and measures he shall cause the violator to be prosecuted. The county sealer shall keep a complete record of the work done by him and shall make an annual report to his board of supervisors, and an annual report, duly sworn to, not later than the first of December to the state superintendent of weights and measures. The county sealer of weights and meas- iires shall forthwith on his appointment give a bond, with sureties to be approved by the appointing power, for the faithful performance of the duties of his office and for the safety of the local standards and such ap- pliances for verification as are committed to his charge and for the surrender thereof immediately to his suc- cessor in office or to the person appointed by the proper authority to receive them. (Amended by Laws of 1910.) 14. City sealer. There shall be a city sealer of weights and measures to be appointed by the mayor with the approval of the common council of each city. He shall be paid a salary to be fixed and determined by the board or body authorized to determine salaries of city officials, and no fees shall be charged or received by him or by the city for the inspection or testing of weights, measures or weighing or measuring devices. He shall perform in his city the duties of and have like powers as a county sealer in a county. This section shall not apply io the city of New York. (Amended by Laws of 1910.) 15. Weights and measures to be sealed. Whenever the sealer of a city or county compares weights and measures and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal and mark such weights and measures with the appropriate devices. (Amended by Laws of 1910.) ARTICLE 13 Hour and Meal Section 220. How packed. 221. Size of casks. 222. How casks shall be marked and branded. 223. Casks of wheat flour, how branded. 224. Casks of rye flour, how branded. 225. Casks of meal, how branded. 226. Prohibition against wrong marking. 227. Counterfeiting marks prohibited. 228. Prohibition against the sale of mixed flour. 229. Prohibition against the transportation of Indian meal on deck. 220. How packed. All wheat flour, rye flour. Indian meal or buckwheat meal manufactured in this state for exportation shall be packed in good strong casks made of seasoned oak or other sufficient timber, and hooped with at least ten hoops, three of which shall be on each chime, and properly nailed. 221. Size of casks. The casks shall be of two sizes only. One size shall contain one hundred and ninety- six pounds of flour or meal, with staves twenty-seven inches long and each head sixteen and one half inches in diameter; and the other size shall contain ninety- eight pounds, with staves twenty-two inches long and each head fourteen inches in diameter, or with staves twenty-seven inches long and each head not more than twelve inches in diameter. But Indian meal may like- wise be packed in hogsheads which shall contain eight hundred pounds. 222. How casks shall be marked and branded. The casks shall be made as nearly straight as may be, and their tare shall be marked on the head with a marking iron; they shall be branded with tne weight of the flour and meal contained therein, and branded or painted with the initial letter of the Christian name and the surname at full length of the manufacturer thereof; except hogsheads of Indian meal, on which the weight only shall be branded. 223. Casks of wheat flour, how branded. Every such cask of wheat flour shall also be branded as follows: If of a very superior quality, "extra superfine"; if of a quality now branded " superfine," with the word "superfine"; if of a third quality, "fine''; if of a fourth quality, "fine middlings"; if of a fifth quality, "middlings"; if of a sixth quality, "ship stuffs." 224. Casks of rye flour, how branded. Each cask of rye flour intended for the first quality shall be branded with the words " superfine rye flour/' and each cask intended for the second quality, with the words " fine rye flour." 225. Casks of meal, how branded. Each cask of Indian meal shall be branded with the words " Indian meal"; and each cask of buckwheat meal, with the letter and the word " B meal." 226. Prohibition against wrong marking. A per- son shall not knowingly offer for sale any cask of flour or meal upon which the tare is undermarked. or in which there is a less quantity of meal than is branded thereupon. A manufacturer of flour or meal shall not undermark the tare of any cask, or put therein a less quantity of meal than is branded thereupon; but if the light weight of any such cask has been occasioned 10 by some accident unknown to the manufacturer, and which happened after the packing of the cask, it shall riot be deemed a violation of this section. A person violating any provision of this section shall forfeit to the people of the state the sum of five dollars for every such violation. 227. Counterfeiting marks prohibited. No person shall alter or counterfeit any brand marks, whether state or private, made under the provisions of this article, or put any flour or meal in any empty cask previously used and branded, and offer the same for sale in such cask without first cutting out the brands. A person violating the provisions of this section in regard do altering or counterfeiting any brand marks shall forfeit to the people of the state the sum of one hundred dollars for each such violation, and a person violating any other provision of this section shall for- feit to the people of the state the sum of five dollars for each such violation. 228. Prohibition against the sale of mixed flour. No person .shall knowingly offer for sale as good wheat flour, any flour which contains a mixture of Indian meal, or any other mixtures, or any unsound flour. A person violating this section shall forfeit to the people of the state the sum of five dollars for each such vio- lation. 229. Prohibition against the transportation of Indian meal on deck. No person having charge of any vessel shall transport, into the city of New York, any Indian meal upon the deck of any vessel. Every person violating this section shall forfeit to the people of the state twenty cents for every barrel and eighty cents for every hogshead transported in vio- lation of this section. ARTICLE 14 Beef and Perk Section 240. Barrels and tierces, how made. 241. Barrels in Suffolk, Kings, Queens and Nassau counties. 242. Qualities of pork. 240. Barrels and tierces, how made. All barrels in which any pork or beef is repacked, shall be of good, seasoned white oak or white ash staves and heading, free from every defect; and each barrel shall contain two hundred pounds of beef or pork. The barrel shall measure seventeen and one-half inches between the chimes, and be twenty-eight inches long, and hooped with twelve good, hickory, white oak or 11 other substantial hoops. If made of ash staves, it shall be hooped with at least fourteen hoops. The staves and heads shall be of good thick stuff, the heads not less than three-quarters of an inch thick; and each stave, on each edge, at the bilge, shall not be less than one-half an inch thick, when finished. The hoops shall be well set and driven, and the barrels branded on the bilge with at least the initial letters of the cooper's name. The half barrel shall contain not less than fif- teen, nor more than sixteen gallons, and be made in proportion to and of like materials as a whole barrel, and shall contain one-half of the quantity of beef or pork of the whole barrel. The tierce shall be made in proportion to and of like materials as a barrel, and shall contain three hundred pounds of beef or pork. 241. Barrels in Suffolk, Kings, Queens and Nassau counties. All beef and pork which is repacked in and exported from the counties of Suffolk, Kings, Queens and Nassau, may be packed in barrels as nearly straight as may be, made of good, seasoned red oak staves and heading of the growth of such counties respectively, free from sap and every defect and made otherwise as above directed. 242. Qualities of pork. Every barrel of pork shall be branded on one of its heads by its name, and contain either " mesa pork," " prime pork " or " cargo pork." " Mess pork " consists of the sides of good, fat hogs, exclusive of all other pieces. "Prime pork " is pork of which there is in a barrel not more than three shoulders, the legs being cut off at the knee joint, not more than twenty-four pounds of heads which have the ears and snouts cut off, the snouts cut off to the open- ing of the jaws, and the brains and bloody *grizzle taken out of the heads; and the rest made up of side pieces, neck and tail pieces. " Cargo pork " is pork of which there is not in a barrel more than thirty pounds of head and four shoulders, and it shall be otherwise merchantable pork. " Side pork " so repacked, shall be cut from the back bone to the belly, in pieces about five inches wide, and which in weight are not under four pounds; otherwise, the barrels containing the same shall not be branded merchantable pork. ARTICLE 15 Hops and nay Section 250. Bales of hops to be marked. 251. Adulteration of hops prohibited; counter- feiting marks. 252. Standard weight of hop bales and tare thereon. So in original. Section 253. Bales of hay to be marked. 254. Prohibition against the adulteration of hay. 255. Weight to be marked on bale. 250. Bales of hops to be marked. Every person putting up hops for sale or exportation shall mark or stamp on each bale or other package containing the same, in a legible manner, the initial letter of his Christian name, and his surname at full length, and the gross weight of such bale or package, before its removal from the place where the* hops are put up. A person violating this section shall forfeit to the people of the state the sum of five dollars for each such violation. 251. Adulteration of hops prohibited; counter- feiting marks. No person shall intermix with any hops any foreign or improper substance, or in any manner adulterate their quality. No person shall counterfeit the marks on any bale or package of hops, or empty any bale or package of hops so marked, for the purpose of putting therein other hops for sale or exportation, without first erasing such marks. A person violating any provision of this section shall forfeit to the people of the state the sum of one hun- dred dollars for each such violation. 252. Standard weight of hop bales and tare thereon. A bale of hops sold in this state shall not weigh less than one hundred and seventy-five nor more than two hundred and ten pounds. The tare to be de- ducted is five pounds. The standard weight of sacking for baling is not less than twenty-four nor more than thirty ounces for each yard; five yards thereof is the maximum quantity to be used for each bale, and any excess in the weight of such sacking or other extraneous matter used in baling may be deducted as additional tare. 253. Bales of hay to be marked. Every person who puts up and presses any bundle of hay for market shall mark or brand, in a legible manner, the initials of his name or the initial letter of his Christian name and his surname at full length, and the name of .the town in which ne resides, on some board or wood at- tached to such bundle of hay. Such hay may be sold with or without deduction for tare, and by the weight a? marked, or any other standard weight as agreed be- tween seller and buyer. A person violating this section shall forfeit to the people of the state the sum of five dollars for each such violation. 254. Prohibition against the adulteration of hay. No person shall put or conceal in any such bundle of 13 hay any wet or damaged hay, or oilier materials, or hay of any inferior quality to that which plainly appears upon the outside of such bundle. A person violating this section shall forfeit to the people of the state the sum of five dollars for each such violation. 255. Weight to be marked on bale. The gross \veight shall be plainly marked on each bale of hay or straw sold or offered for sale in this state; and no baled hay or straw shall be so sold or offered for sale which weighs less than such gross weight after deduct- ing five pounds from such bale for shrinkage. And no baled hay or straw shall be so sold or offered for sale with more than twenty pounds of wood to the bale, the weight of which is two hundred pounds or upward, or more than ten pounds of wood for bales weighing less than two hundred pounds. A person violating any provision of this section shall forfeit to the people of the state the sum of five dollars for each such violation. ARTICLE 26 Miscellaneous Section 390. Marking canned goods. 391. Marking small fruit packages or baskets. . 392. Repacking frr.il and farm produce. 393. Marking ginseng. 394 Marking thread. 395. Marking oyster kegs and cans. 390. Marking canned goods. Xo packer of or dealer in hermetically sealed, canned or preserved fruits, vegetables or other articles of food within this state, excepting canned or condensed milk or cream, shall sell or offer the same for sale for consumption within this state, unless the cans or jars containing the same sluill have plainly printed upon a label thereupon, with a mark or term clearly indicating the grade or quality of the articles contained therein, the name, address and place of business of the person or corporation canning or packing them, or the name of the wholesale dealer in the state selling or offering the same for sale, and the name of the state, county and city, town or village where packed, preceded by the words " packed at." If containing soaked goods or goods put up from products dried or cured before canning, there shall also be printed upon the face of such label in good legible type, one-half of an inch in height and three-eighths of an inch in width, the word " soaked." 14 Goods imported from foreign countries of foreign manufacture shall not be subject to the provisions of this section. Any person violating any of the provisions of this section shall forfeit to the city, village, or town where the violation occurs, the sum of fifty dollars, if a retail dealer, and the sum of five hundred dollars, if a wholesale dealer or packer. 391. Penalties for marketing small fruits or bas- kets or selling fruit therein. Any person in this state who sells or offers for sale fruit packages that are of less than the standard sizes and capacity as defined in section five, or any person who sells or offers for sale fruit in packages that are of less size or capacity than those defined in section five, shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined not less than five dollars and not more than twenty-five dollars, for each violation and each sale shall constitute a separate violation, but a variation of not more than seven per centum shall not be deemed a violation under this section. (Section 391 as amended by Laws of 1909; in effect October 1, 1009.) 392. Repacking fruit and farm produce. A person, firm or association who purchases fruit or farm prod- uce in barrels, boxes or other packages, and empties, or causes to be emptied, such barrels, boxes or other packages, and repacks, or causes to be repacked therein the same or other fruit or farm produce, shall, before any such repacked barrel, box or other package is sold, or offered or exposed for sale, erase or otherwise obliter- ate the name of the grower or producer, if found thereon. Every such person, firm or association selling, or offering or exposing for sale fruit or farm produce which has been emptied from and repacked in the bar- rels, boxes or other packages in which they were pur- chased, without erasing or otherwise obliterating the name of the grower or producer of such fruit or farm produce, if found thereon, as above provided, shall be subjected to a penalty of fifty dollars for each barrel, box or other package of fruit or farm produce so sold, offered or exposed for sale. 393. Marking ginseng. No person shall sell, offer or expose for sale in this state, any ginseng roots or seeds foreign to the United States, or ginseng roots or seeds raised from stock imported from any country outside the United States, except in packages to which shall be securely affixed a label, stating in plain Eng- lish language, the name of such foreign country in which the roots or seeds were originally grown. 394. Marking thread. Every person or firm en- gaged in the manufacture of sewing, darning, crochet, or embroidery thread of cotton, linen or silk, or in 15 jutting up such thread on spools or in balls, skeins, tubes, bobbins, cones or other packages, shall before the same is offered for sale, affix to or impress upon each spool, ball, skein, tube, bobbin, cone or other package of thread so manufactured or put up, a label or stamp designating its weight in pounds and ounces or length in yards; provided, that where from the shape or size of the package it is impossible so to affix such label or stamp, the same shall be affixed to the box in which such packages are put up. If any such person cr firm shall neglect to affix to, or impress upon, any such spool, ball, skein, tube, bobbin, cone, package or box such label or stamp, or shall, with intent to de- ceive, affix to or impress upon any such spool, ball, skein, tube, bobbin, cone, package or box a label or stamp specifying that it contains a number of yards or a quantity of thread greater by five per centum or more than it does in fact contain, then such person or firm shall forfeit the sum of twenty dollars for each spool, ball, skein, tube, bobbin, cone, package or box, which, without such label or stamp, or falsely so labeled or stamped, shall be sold, cr be delivered to any person to be sold, said sum of twenty dollars for each violation of this section to be recovered in an action by any person or firm who will sue for the same, one-half whereof shall be paid to the state treasurer. Any person or firm knowingly selling any sewing, darning, crochet or embrodiery thread of cotton, linen or silk either without a label or stamp specifying the <|iianlity or length thereof, or with a label and stamp iulsely stating such quantity or length, shall forfeit the sum of twenty dollars for each spool, ball, skein, tube, bobbin, cone, package or box so sold without U'.bel or incorrectly labeled, said sum of twenty dollars for each violation of this section to be recovered in an action by any person or firm who will sue for the same, one-half whereof shall be paid to the state treasurer. 395. Marking oyster kegs and cans. Every person engaged in putting up oysters for sale in kegs or cans, or offering them for sale in kegs or cans, not previously marked or branded, shall mark or brand such kegs or cans with the true quantity of oysters in pints, quarts or gallons, which they may respectively hold, and not more than one-quarter of such quantity shall be liquid. Every person violating any provision of this section shall forfeit to the city, village or town where the viola- tion occurs, the sum of one hundred dollars for every such violation. 16 CHAPTER 26, LAWS OF 1909 CHAPTER 21 OF THE CONSOLIDATED LAWS GENERAL CITY LAW / ARTICLE 11 Protection of Purchasers of Coal Section 150. Attempting to deliver or sell less than a legal ton. 151. Delivery tickets. 152. Proviso as to delivery of entire cargo. 153. Scales, designation of. 154. Right of purchaser to have coal reweighed. 155. Penalty for refusal to permit coal to be reweighed. 156. Owner of scales to give bond. 157. Publication of designation. 158. Penalty for fraudulent weighing. 159. Owner of scales to keep memorandum book. 160. Recovery and disposition of penalties. 161. Bills of lading; penalty for altering. 150. Attempting to deliver or sell less than a legal ton. A person, firm or corporation in a city of the first or second class attempting to sell or deliver less than two thousand pounds by weight to a ton of coal, or a proper proportion thereof to quantities less than a ton, shall be liable to a penalty of not exceed- ing fifty dollars, provided that in all cases thirty pounds to a ton shall be allowed for the variation in scales and wastage. 151. Delivery tickets. It shall be unlawful for any I erson, firm or corporation delivering coal in cities of the first or second class to deliver or cause to be de- livered any quantity or quantities of coal which shall 1 ave been sold by weight, without each such delivery being accompanied by a delivery ticket, and a dupli- cate thereof, on each of which shall be in ink, or other indelible substance, distinctly expressed in pounds the quantity or quantities of coal contained in the cart, wagon or other vehicle used in such delivery, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of such tickets shall be delivered to the purchaser of the coal specified thereon, and the other of such tickets shall be retained by the seller of the coal. Any person, firm or cor- 17 poration who shall violate the provisions of this sec- tion shall be liable to a penalty of not exceeding fifty dollars. 152. Proviso as to delivery of entire cargo. The preceding section shall not apply to coal delivered by the entire cargo direct from the vessel containing the same to one destination and accepted by the purchaser on the original bill of lading as proof of weight; but with every such delivery of an entire cargo of coal in any city of the first or second class, there shall be de- livered to the purchaser thereof one of the original bills of lading, issued by the person, firm or corpora- tion by whom the coal was loaded into the vessel from which such coal is delivered to the purchaser of the entire cargo thereof, on each of which bills of lading there shall be in ink or other indelible substance dis- tinctly expressed the date and place of loading such cargo, and the number of pounds contained therein. Any person, firm or corporation who shall violate the provisions of this section shall be liable to a penalty of not exceeding fifty dollars. 153. Scales, designation cf. There may be desig- nated by the respective mayors of the cities of the first and second class, stationary or movable scales, suitable for the purpose of weighing coal, the owners of which may tender the same for public use in dif- ferent parts of the city in such convenience in number and locality as shall be deemed necessary, on which the coal or coal vehicle, with or without coal, may be weighed at the request of the purchaser of the coal. The scales so designated shall be provided at the ex- pense of the owners thereof, with test weights, and shall be subject at all times to the inspection ami supervision of the sealers or inspectors of weights and measures in such city who shall inspect such scales at least once in each month. Such scales shall also be provided by the owner thereof with a competent wci^li- master. The owner of such scales shall be entitled to charge for weighing coal and coal vehicles containing coal, at such scales, a fee of not exceeding fifteen cents per ton of coal; empty vehicles returning to such scale after delivery. of the coal so weighed therein shall be reweighed without further charge. 154. Right of purchaser to have coal reweighed. It shall be the right of every purchaser of coal in any oi the cities of the first and second class, before ac- cepting the delivery of the same, to have any of the delivery of such coal weighed at his expense, at any of the scales designated under the provisions of the preceding sections, provided such scales are within a half mile of the place of loading or the place of de- livery of the coal, and for this purpose to require that IS any vehicle containing coal purchased by him shall be taken by the driver or other person in charge thereof to such scales for the purpose of having the same weighed, and after the delivery of the coal to require that the vehicle from which such coal so purchased shall have been delivered shall be taken by the driver thereof, or any other person in charge thereof, to such scales to be weighed at the expense of the purchaser thereof, and a certificate of the weight of such coal, so weighed as aforesaid, shall thereupon be furnished to the purchaser of such coal by the owner of the scales at which such coal is so weighed. 155. Penalty for refusal to permit coal to be re- weighed. The refusal of any seller of coal to permit coal purchased from him to be reweighed at the re- quest of the purchaser thereof, as aforesaid, or any driver or other person in charge of a vehicle contain- ing coal, or from which coal has been delivered, to take the same at the request of the purchaser, to such scales for the purpose of having the same weighed, provided, however, that the purchaser of such coal shall have first paid the owners of the scales or the seller of such coal or the driver or other person in charge of the vehicle containing such coal, an amount sufficient to meet the charges for weighing such coal, shall render the person, firm or corporation selling the coal liable to a penalty not to exceed fifty dollars. 156. Owner of scales to give bond. The owner of such scales so designated, shall enter into a bond with the city in which such scales are situated, in the sum of five hundred dollars with two sufficient sureties, conditioned that such scales shall be kept in such con- dition as at all times to properly register the weight of coal, and that the person weighing coal thereat shall perform his duties faithfully, and furnish cor- rect certificates to all persons having coal or coal vehicles weighed at such scales. The amount of such bond shall be recoverable at the suit of the city on proof that any conditions thereof have not been com- plied with. 157. Publication of designation. The designation of scales shall be in writing signed by the mayor of the city in which such scales are situated, and a copy thereof inserted in any official publication in such city, and if there be none, in a newspaper published therein. 158. Penalty for fraudulent weighing. Any owner of such scales or any agent or representative of his, or any weighmaster employed by him thereat, who shall be in any manner concerned in any fraudulent weighing of coal at such scales, shall be guilty of a misdemeanor and shall be punishable by a fine of not 19 exceeding five hundred dollars or by imprisonment for one year, or by both such fine and imprisonment. 159. Owner of scales to keep memorandum book. Every owner of such scales shall keep a book in which shall be entered in ink a memorandum of every load of coal weighed at such scales, showing the name of the person, firm or corporation delivering such coal, the net weight thereof as shown by the delivery ticket thereof of such person, firm or corporation, the name of the purchaser thereof, the gross and net weight of the coal so weighed, and the date of weighing. Such book shall be the book of original entries, and all cer- tificates delivered by the owner of such scales shall be copies of the entries contained therein, and such books shall at all reasonable hours be open to the inspection of any citizen. 160. Recovery and disposition of penalties. The penalties provided in this article shall .be recoverable at the suit of the city in which such penalties are in- curred, and the amount so collected, as well as any amount collected in suits brought to recover the amounts due on bonds given under the provisions of this article, shall be paid over, one-half to any police pension or relief fund in such city, and one-half to any firemen's pension or relief fund therein. 161. Bills of lading; penalty for altering. A per- son guilty of altering with intent to defraud, any original bill of lading issued by the person, firm or corporation by whom the coal was loaded into the ves- sel in which such coal is transported to any city of the first or second class, in this state, or of uttering any such bill of lading so altered, or who is guilty of making, preparing or subscribing or uttering a false or fraudulent manifest, invoice or bill of lading thereof, or removing any part of such cargo of coal without having the amount thereof certified to in writ- ing on such original bill of lading, by the person, firm or corporation receiving the coal so removed, and by the captain of the vessel containing such cargo, is punishable by imprisonment in a state prison, not ex- ceeding three years, or by a fine not exceeding one thousand dollars, or both, and the delivery of any fraudulent bill of lading to any purchaser of coal shall be presumptive evidence of uttering the same with criminal intent. 20 CHAPTER 55, LAWS OF 1909 CHAPTER 53 OF THE CONSOLIDATED LAWS - SECOND CLASS CITIES >LAW ARTICLE 14 Supervisors; Sealer of Weights and Measures 211. Sealer of weights and measures. The sealer of weights and measures shall, within the city, have the powers and perform the duties of sealers of weights and measures of towns under the general laws of the state. He 'shall supervise the weighing of coal and perform such other duties as may be prescribed by law or ordinance of the common council. He shall re- ceive a salary, to be fixed by the board of estimate and apportionment, and no fees shall be charged or col- lected by him or by the city for his services. 21 CHAPTER 65, LAWS OF 1909 AN ACT TO AMEND THE CODE OF CIVIL PROCEDURE GENERALLY- SECTION 1 8413. Testimony of surveyor and proof of stand- ard of measurement. No surveyor shall give evidence in any cause depending in any of the courts of this state, or before arbitrators, respecting the survey or measurement of lands which he may have made, unless if required, either such surveyor shall make oath, or it shall otherwise be shown that the chain or men sure used by him was conformable to the standards of the state which were the standards of the state at the time such survey was made. An official certificate of any state, county, city, village or town sealer elected or appointed pursuant to the laws of this state, or the oath of such surveyor, that such chain or measure conformed to the state standard which shall have been furnished any such sealer pursuant to the provisions of the laws of this state, shall be prima facie evidence of such conformity, and an official certificate made by any such sealer that the implement used in measuring such chain or other measure was the one provided under such laws for such purposes, shall be prima facie evidence of that fact. 22 CHAPTER 88, LAWS OF 1909 CHAPTER 40 OF THE CONSOLIDATED LAWS PENAL LAW ARTICLE 40 Business and Trade 420. Article of merchandise defined. The expres- sion " article of merchandise," as used in this article, signifies any goods, wares, work of art, commodity, compound, mixture or other preparation or thing which may be lawfully kept or offered for sale. 421. Untrue and misleading advertisements. Any person, firm, corporation or association, or any em- ployee thereof, who, in a newspaper, circular or other publication published in this state, knowingly makes or disseminates any statement or assertion of fact con- cerning the quantity, the quality, the value, the method of production or manufacture, or the reason for the price of his or their merchandise, or the man- ner or source of purchase of such merchandise, or the possession of rewards, prizes or distinctions conferred on account of sucn merchandise or the motive or pur- pose of a sale, intended to give the appearance of an offer advantageous to the purchaser which is untrue or calculated to mislead, shall be guilty of a misdemeanor. Any person, firm, corporation or association or any employee thereof who violates any provision of this section shall be liable to a fine of not less than twenty- five nor more than one hundred dollars for each offense. 434. Concealing foreign matter in merchandise. A person who, with intent to defraud, while putting up in a barrel, bag, bale, box, or other package, cotton, hops, hay, or any other article of merchandise what- ever, usually sold by weight in such, packages, places or conceals therein any other substance or thing what- ever, in a case where special provision for the punish- ment thereof is not otherwise made by statute, is guilty of a misdemeanor. 435. False labels. A person, who, with intent to defraud: 1. Puts upon an article of merchandise, or upon a cask, bottle, stopper, vessel, case, cover, wrap- per, package, band, ticket, label, or other thing, cou- 23 taming or covering such an article, or with which such an article is intended to be sold, or is sold, any fylse description or other indication of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof, or the place or country where it was manufactured or produced or the quality 01 grade of any such article, if the quality or grade thereof is required by law to be marked, branded or otherwise indicated on or with such article; or, 2. Sells or offers for sale an article, which to his knowledge is falsely described or indicated upon any such package, or vessel containing the same, or labeled thereupon, in any of the particulars specified; or, 3. Sells or exposes for sale any goods in bulk to which no name or trade-mark shall be attached, and orally or otherwise represents that such goods are the manufacture or production of some other than the actual manufacturer or producer, in a case where the punishment for such offense is not specially provided for otherwise by statute, Is guilty of a misdemeanor. 436. Using false marks as to manufacture. A per- son, who, with intent to defraud or to enable another to defraud any person, manufactures or knowingly sells or causes to be manufactured or sold, any article, marked, stamped or branded or incased or inclosed in any box, 'bottle or wrapper, having thereupon any en- graving or printed label, stamp, imprint, mark or trade-mark which article is not the manufacture, workmanship or production of the person named, in- dicated or denoted by such marking, stamping or branding, or by or upon such engraving, printed label, stamp, imprint, mark or trade-mark, is guilty of a misdemeanor. 437. Penalty for selling half wine not labeled. A person who sells, offers for sale or manufactures with intent to sell, any wine known as " half wine," which is not stamped, marked or labeled as required by law, is guilty of a misdemeanor. ARTICLE 42 Canals 461. Weighmaster making false entry of weight of canal boat. A weighmaster upon any of the canals be- longing to this state, and a clerk of such weighmaster, who makes a false entry of the weight of any boat, or cargo of any boat, navigating such canal, or who makes a false certificate of the light weight of any boat, knowing such entry or certificate to be false, is guilty of a misdemeanor. 24 ARTICLE 213 ; :^ : - , f Weights and Measures Section 2410. Requiring more than the legal weight for a bushel. 2411. Using false weights and measures. 2412. Keeping false weights and measures. 2413. False weights and measures authorized to >be seized. 2414. Weights and measures may be tested by committing magistrate and destroyed or delivered to district attorney. 2415. False weights and measures to be de- stroyed after conviction of offender. 2416. Stamping false weight or tare on casks or packages. 2417. Regulations for sale of baled hay and straw. 2410. Requiring more than the legal weight for a bushel. Where potatoes, grains or other agricultural products are sold by the bushel, without agreement as to the weight, any person requiring a greater number of pounds for a bushel than as prescribed by section eight of the general business law is guilty of a misdemeanor. 2411. Using false weights and measures. A person who injures or defrauds another by using, with knowl- edge that the same is false, a false weight, measure, or other apparatus, for determining the quantity of any commodity, or article of merchandise, or by knowingly delivering less than the quantity he represents, is guilty of a misdemeanor. 2412. Keeping false weights and measures. A per- son who retains in his possession any weight or meas- ure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation of the last section, is guilty of a misdemeanor. 2413. False weights and measures authorized to be seized. A person who is authorized or enjoined by law to arrest another person for a violation of the last two sections, is equally authorized and enjoined to seize any false weights or measures found in the pos- session of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken. 2414. Weights and measures may be tested by committing magistrate and destroyed or delivered to district attorney. The magistrate to whom any weight or measure is delivered pursuant to the last section, 25 ia'i'.'t' ? Mpon the examination of the defendant, or if the examination is delayed or prevented, without awaiting such examination, cause the same to be tested by comparison with standards conformable to law; and if he finds it to be false, he must cause it to be destroyed, or to be delivered to the district attor- ney of the county in which the defendant is liable to indictment or trial, as the interests of justice in his judgment require. 2415. False weights and measures to be destroyed after conviction of offender. Upon the conviction of the defendant, the district attorney must cause any weight or measure in respect whereof the defendant stands convicted, and which remains in the possession or under the control of the district attorney, to be destroyed. 2416. Stamping false weight or tare on casks or packages. A person who knowingly marks or stamps false or short weights, or false tare on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeanor. 2417. Regulations for sale of baled hay and straw. A person who: 1. Sells or offers for sale baled hay or straw con- taining more than twenty pounds of wood to the bale, the weight of which is two hundred pounds or up- ward, or more than ten pounds of wood to the bale the weight of which is less than two hundred pounds; or, 2. Sells or offers for sale any bale of hay or straw upon which the correct gross weight is not plainly marked or which weighs more than five pounds less than the gross weight so marked thereupon, Is guilty of a misdemeanor. J. B. LYON COMPANY, STATE PRINTERS, ALBANY, N. Y. 26 Laws,fct.tutes, etc . relating to weights < UNIVERSITY OF CALIFORNIA LIBRARY -