Imágenes de páginas

Regulations of Grade and Business.

S$ 33-35

For every violation of any provision of this article, the person committing such violation shall forfeit to the people of the state the sum of two hundred and fifty dollars.

A person injured by a violation of this section, may recover any damages sustained from the person violating the same.

§ 33. Analysis of commercial fertilizers to be furnished.All commercial fertilizers which shall be offered for sale, to be used in this state, shall be accompanied by an analysis stating the percentages contained therein of nitrogen or its equivalent of ammonia, of soluble and available phosphoric acid, the available phosphoric acid either to be soluble in water or in a neutral solution of citrate of ammonia as determined by the methods agreed on by the American Society of Agricultural Chemists, and of potash soluble in distilled water. A legible statement of the analysis of the goods and of the person, firm or corporation who have manufactured the same, shall be printed upon, or attached to each package of fertilizers offered for sale for use in this state; and where fertilizers are sold in bulk, to be used in this state, an analysis shall accompany the same with an affidavit that it is a true representation of the contents of the article or articles.

34. List and analysis of fertilizers to be furnished the director of the state agricultural experiment station at Geneva.Manufacturers residing in this state and agents or sellers of fertilizers made by persons residing outside the limits of this state, shall, between the first and twentieth days of July in each year, furnish to the director of the New York State Agricultural Experiment Station at Geneva, a list of the commercial fertilizers they manufacture or offer for sale, for use in this state, with the names or brands by which they are known on the market, and the several percentages of nitrogen or its equivalent of ammonia, of phosphoric acid, both soluble and available, and of potash, either single or combined, contained in said fertilizers, as called for in the preceding section. Whenever any fertilizer or fertilizing ingredients are shipped or sold in bulk, for use by farmers in this state, a statement must be sent to the director of the New York State Agricultural Experiment Station at Geneva, giving the name of the goods so shipped, accompanied with an affidavit from the seller giving the analysis of such percentage guaranteed.

35. When statement shall be deemed false; application of sections. Whenever a correct chemical analysis of any fer. tilizer offered for sale in this state shows a deficiency of more

[blocks in formation]

than one-third of one per centum of nitrogen or its equivalent of ammonia or one-half of one per centum of available phosphoric acid or one-half of one per centum of potash soluble in distilled water, such statement shall be deemed false.

The provisions of this article relating to fertilizers, shall apply to all fertilizers offered or exposed for sale for use in this state, the selling price of which is ten dollars per ton or higher, and of which they are part and parcel, and of any element into which they enter as fertilizing material, including nitrate of soda, sulphate of ammonia, dissolved bone black and bone black undissolved, any phosphate rock, treated or untreated with sulphuric or other acids, ashes from whatever source obtained, potash salts of all kinds, fish scrap, dried or undried, also all combinations of phosphoric acid, nitrogen or potash, from whatever source obtained, as well as every article that is or may be combined for fertilizing purposes.

§ 36. Inert nitrogenous matter to be stated.-All manufacturers or dealers exposing or offering for sale in this state fertilizers containing roasted leather or any other form of inert nitrogenous matter shall, in legible print, state the fact upon the package in which the fertilizers are offered or exposed for sale.

§ 37. Penalties.-Every person, firm or corporation violating any provision of this article relating to the manufacture or sale of commercial fertilizers or the furnishing of lists or analysis. thereof or statements of their ingredients or component parts, shall forfeit to the people of the state the sum of one hundred dollars for every such violation.

Agents, representatives or sellers of manufactured fertilizers or fertilizing material made or owned by parties outside of this state and offered for sale for use in this state, shall be subject to the provisions of this article relating to commercial fertilizers and to the penalties imposed thereby, and shall in all particulars take the place of their nonresident principals.

§ 38. Duties of the director of the New York state agricultural experiment station relating to fertilizers.-The director of the New York State Agricultural Experiment Station at Geneva shall enforce the provisions of this article relating to the manufacture, sale, prohibition of the sale and analysis of commercial fertilizers and prosecute actions in the name of the people for violation thereof, and for that purpose he may employ agents, counsel, chemists and experts. Such director or his duly author

Regulations of Grade and Business.

§§ 39-40

ized agents shall have full access, egress and ingress to all places of business, factories, buildings, cars, vessels or other places where any manufactured commercial fertilizer is sold, offered for sale, or manufactured; and may open any package, barrel or other thing containing any such fertilizer, and take therefrom sufficient samples. Such samples may be divided into different portions and one or more portions sealed in such a way that it can not be opened without an examination, showing to the persons sealing the same that it has been opened, and may be delivered to the person from whom the sample is taken, or any other person that may be agreed on by such director or his agent taking the sample and the person from whom it is taken, and the portions so delivered, may on consent of the parties, be delivered to a chemist other than the chemist employed by such director for analysis.

39. Sale of agricultural products on commission.-Any person doing business in this state as a commission merchant, or who receives from any person of this state agricultural products or farm produce raised in this state to sell on commission, shall, immediately on the receipt of such goods, send to the consignor a statement in writing, showing what property has been received. When any such person or commission merchant shall have sold twenty-five per centum of such property received by him, he shall, when requested, immediately render a true statement to the consignor, showing what portion of such consignment has been sold and the price received therefor.

§ 40. Duty of hotel keepers to provide fire-escapes.-Every owner, lessee, proprietor or manager of a hotel, not fire-proof, exceeding two stories in height, shall cause to be placed, a rope or other better appliance, to be used as a fire-escape, in each room of such hotel, used as a lodging-room, above the ground floor, which rope or other appliance shall be securely fastened into one of the joists or timbers next adjoining a frame of a window of such room. Such rope or appliance shall be at all times kept coiled up and exposed to the plain view of any occupant of said room, the coil to be fastened in such a slight manner as to be easily and quickly loosened and uncoiled; and if a rope, it shall be not less than three-fourths of an inch in diameter, and of sufficient length to reach from such window to the ground. Such rope, appliance, iron hook or eye and fastenings shall be of sufficient strength to sustain a weight of four hundred pounds. Such owner, lessee,

[blocks in formation]

proprietor or manager must cause to be posted in a conspicuous place in each room and hall of such hotel, above the ground floor, a printed notice to the effect that the rope or appliance is so placed in each such room for use in case of fire, and giving full directions for such use.

It is the duty of the chief engineer or the officer performing the duties of a chief engineer of the fire department of a city or village to inspect, or cause to be inspected by some person deputised by him for that purpose, in the months of January and July of each year, each such room of every hotel in his city or village, and to ascertain if the provisions of this section are complied with, and to make and file a written report with the mayor, president or other officer performing the duties of chief executive of such city or village, on or before the fifteenth day of February and August of each year, showing what hotels he had so inspected, and specifying which of them have fully complied with the provisions of this section, and which, if any, have not, and in what respect and to what extent. An owner, lessee, proprietor, manager or other person who obstructs or prevents such inspection is liable to a penalty of fifty dollars for each such offense. Such mayor, president or other chief executive officer, shall sue for such penalty in the name of his city or village, and shall proceed against any person criminally violating this section.

§ 41. Bills of lading to be issued by vessels transporting merchandise within the state. It shall be the duty of the owner or owners, master or agent of any vessel transporting merchandise or property between ports of this state to issue to shippers of any lawful merchandise bill of lading, or shipping document, or to sign a bill of lading or shipping document when presented by the shipper or his agent, stating, among other things, the marks necessary for identification, number of packages or quantity, stating whether it be the carrier's or shipper's weight, and apparent order and condition of such merchandise or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described. (Added by chap. 157 of 1898, § 1.)

§44-added 19048.286

[blocks in formation]

"Sale of Ginseng

c. 309 = "Repacking fruit & farm product in barrels & other packageo

Auctions and Auctioneers.



SECTION 50. Conduct of auction sales.

51. Commissions; penalty.

52. Power of common council of cities.

53. Bond and appointment of auctioneers in cities.

54. Agents of comptroller.

S$ 50-53


§ 50. Conduct of auction sales.-Goods sold at auction shall, in all cases, be struck off to the highest bidder. struck off and the contract be not immediately executed by the payment of the price or the delivery of the goods, the auctioneer shall enter in a sale book kept by him for that purpose a memorandum of the sale, specifying the nature, quantity and price of the goods, the terms of sale and the names of the purchaser and of the person on whose account the sale is made.

$51. Commissions; penalty.-An auctioneer in any county, other than New York or Kings, shall not, without a previous agreement in writing, with the owner or consignee of the goods sold, demand or receive, a greater compensation for his services than a commission of two and one-half per centum on the amount of any sale, public or private, made by him. For a violation of this section he shall refund the moneys illegally received and forfeit two hundred and fifty dollars to each person from whom he demands or receives an unlawful compensation or commission.

52. Power of common council of cities.-Except as otherwise provided in the charter of the city, the common council of a city may designate such place or places within such city for the sale by auction of horses, carriages and household furniture, as it deems expedient.

53. Bond and appointment of auctioneers in cities.-No person, except one whose auction business is confined to the sale of farm property, shall act as auctioneer on the sale at public auction of personal property in any city until he has entered into a bond to the people of the state, with at least two sufficient sureties, in the penalty of five thousand dollars, in a city having a population exceeding fifty thousand, and elsewhere in the penalty of one thousand dollars, conditioned that he will faithfully perform his duties as such auctioneer and render such accounts and pay such duties as he may be required by law.

« AnteriorContinuar »