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Such bond must be approved in writing by the agent appointed by the comptroller, pursuant to this article, or if in a city where there is no such agent, by the mayor or recorder thereof; and must be filed with the comptroller of the state, who must thereon deliver to such person a written certificate of appointment, stating the city for which appointed. Such certificate shall be recorded in a book kept by the comptroller for that purpose and a certified copy thereof shall be delivered to such agent, or if there be none, filed in the office of the clerk of the county in which such city is located.

Such undertaking and certificate shall be annually renewed on or before the first Monday of January.

This section does not repeal or supersede the provisions of any local statute or city charter.

$54. Agents of comptroller.-The comptroller may employ such agent or agents as he deems necessary in any city to see that the provisions of this act are carried into effect. Such agents may take and approve the bonds required by law and shall transmit all bonds taken and approved by them to the comptroller within ten days after the same are approved. The fees of such agents for taking and approving such bonds, shall be five dollars.

ARTICLE IV.

Peddlers.

SECTION 60. Application for license.

61. Licenses.

62. Penalties.

63. Arrest and conviction of offender.

64. Municipal regulations.

65. License for using dogs before vehicles.

60. Application for license.-No person shall travel from place to place, within this state, for the purpose of carrying to sell or exposing for sale, any goods, wares or merchandise of the growth, product or manufacture of any foreign country, other than family groceries and provisions, without a license as a peddler, granted by the secretary of state. A written application shall be made, to be filed with the secretary of state, signed by the applicant or his authorized agent, in which shall be stated the manner in which the applicant intends to travel and trade, whether on foot or with one or more horses or other beasts of

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burden, or with any sort of carriage or boat. He shall file with the application, the receipt of the treasurer of the state, showing that he had paid into the state treasury the following duties:

For one year's license and proportionally for any shorter term not less than six months, if he intends to travel on foot the sum of twenty dollars; if with a single horse or other beast carrying a burden, or with a boat, the sum of thirty dollars; and if with any vehicle or carriage drawn by more than one horse or other animal, the sum of fifty dollars.

§ 61. Licenses.-The secretary of state shall, on payment of his fees, and on filing the receipt of the treasurer countersigned by the comptroller, grant a license under his seal of office, signed by himself or his deputy, authorizing the applicant to travel and trade within this state as a peddler, in the manner stated therein, for the term of one year from the date of the license or for any shorter term not less than six months. Every such license shall be renewed on the expiration thereof by the secretary of state. on the same terms and conditions that the original license was granted, if the renewal be applied for.

62. Penalties.-Every person found traveling and trading within this state contrary to the provisions of this article, or contrary to the terms of any license that may have been granted to him under this article, shall, for each offense, forfeit to the town. in which the offense shall be committed the sum of twenty-five dollars, to be applied to the support of the poor of the town. Every person traveling or trading within the state, having a license, who refuses to produce a license as a peddler to any officer or citizen who demands the production of the same shall, for each offense, forfeit to the town in which the demand is made the sum of ten dollars, to be applied to the support of the poor thereof. The refusal of any such person to produce a license when demanded shall be presumptive evidence that he is traveling and trading without a license.

No action for the recovery of any penalty imposed by this article shall be maintained unless it be brought within sixty days after the commission of the offense charged.

§ 63. Arrest and conviction of offender.-The overseers of the poor shall see that the provisions of this article are enforced in their respective towns. Any citizen may arrest any person trading as a peddler who neglects or refuses to produce his license on demand, and shall immediately convey such persons before

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some justice of the peace of the county. If the fact that the person so arrested has traded without a license be proved to the satisfaction of the justice, he shall convict such person of an offense against this article and on such conviction shall issue his warrant to some constable of the county, commanding such constable to levy and collect from the personal property of the offender the sum of twenty-five dollars, with the costs of the proceeding, not exceeding five dollars. The penalty collected on such warrant shall be paid by the justice to the overseer of the poor of the town where the offense was committed.

If it appears in said proceeding that the person arrested refused to produce his license or to disclose his name when lawfully required, no costs shall be allowed such defendant, nor shall he maintain an action for false imprisonment.

§ 64. Municipal regulations.-This article shall not affect the application of any ordinance, by-law or regulation of a municipal corporation relating to hawkers and peddlers within the limits of such corporation, but the provisions of this article are to be complied with in addition to the requirements of any such ordinance, by-law or regulation.

§ 65. License for using dogs before vehicles. Any person who shall use a dog for drawing or helping to draw any vehicle in any city or incorporated village, for peddling or any other business purpose, shall take out a license for that purpose from the mayor of the city or president of the village, and shall have the number of the license and the residence of the owner distinctly painted on such vehicle.

A person violating this section shall forfeit to the city or village where the violation occurs one dollar for the first offense and ten dollars for each subsequent offense.

SECTION 70. How packed.

71. Size of casks.

ARTICLE V.

FLOUR AND MEAL.

72. How casks shall be marked and branded.

73. Casks of wheat flour, how branded.

74. Casks of rye flour, how branded.

75. Casks of meal, how branded.

76. Prohibition against wrong marking.

77. Counterfeiting marks prohibited.

Flour and Meal.

SECTION 78. Prohibition against sale of mixed flour.

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79. Prohibition against transportation of Indian meal on deck.

§ 70. 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.

§ 71. 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 twentyseven inches long and each head not more than twelve inches in diameter. But Indian meal may likewise be packed in hogsheads which shall contain eight hundred pounds.

§ 72. 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 the 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.

§ 73. 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."

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74. 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."

75. 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."

876. Prohibition against wrong marking.-A person 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

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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 by some accident unknown to the manufacturer, and which happened after the packing of the cask, it shall not 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.

§ 77. 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 to 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 forfeit to the people of the state the sum of five dollars for each such violation.

§ 78. 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 for feit to the people of the state the sum of five dollars for each such violation.

§ 79. 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 violation of any provision of this section.

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