Board of supervisors to raise annually not $6,000 § 13. The board of supervisors of the county of Cayuga shall annually raise and collect, in the same manner as other county charges are levied and collected, any sum of money not exceeding six thousand dollars in any one year, as they may deem proper and just, for exceeding the use and benefit of said society; and all such money so raised and for benefit collected shall be paid when collected by the treasurer of said county of society. to the treasurer of said society. And the said society shall, upon complying with the terms mentioned in the second section of chapter three hundred and sixty-eight of the laws of eighteen hundred and fortynine, be entitled to a distributive share of the moneys appropriated out of the treasury and distributed as therein directed, or as shall hereafter be provided by law in relation to the orphan asylums of Rate of interest on receipts, etc. this state. § 2. This act shall take effect immediately. CHAP. 237. AN ACT in relation to advances of money upon warehouse receipts, bills of lading, certificates of stock, certificates of deposit and other negotiable instruments. PASSED May 30, 1882. * The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In any case hereafter in which advances of money, reloans on payable on demand, to an amount not less than five thousand dollars, warehouse are made upon warehouse receipts, bills of lading, certificates of stock, certificates of deposit, bills of exchange, bonds or other negotiable instruments pledged as collateral security for such repayment, it shall be lawful to receive or to contract to receive and collect, as compensation for making such advances, any sum to be agreed upon, in writing, by the parties to such transaction. How packages of imitation § 2. All acts or parts of acts inconsistent herewith are hereby repealed. § 3. This act shall take effect immediately. CHAP. 238. AN ACT for the protection of dairy men, and to prevent deception in the sales of butter and cheese. PASSED May 30, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every person who shall manufacture for sale, or who shall offer or expose for sale, or who shall export to a foreign couubutter and try, by the tub, firkin, box or package, or any greater quantity, any article or substance in semblance of butter or cheese not the legitimate product of the dairy, and not made exclusively of cheese to be marked. Not returned by the governor within ten days after having been received by him, and became a law without his signature, May 30, 1882. milk or cream, but into which any oil, lard or fat not produced from milk or cream enters as a component part, or into which melted butter, or any oil thereof, has been introduced to take the place of cream, shall distinctly and durably stamp, brand or mark upon the side of every cheese and also upon the top, and side of every such tub, firkin, box or package of such article or substance the words "oleomargarine butter," or if containing cheese, the words "imitation cheese," only where it can be plainly seen, in Roman letters, which shall be burned in or painted thereon with permanent black paint, in a straight line, and shall be not less than one-half inch in length, and if for export, shall also invoice the same, and clear the same, through the custom-house as "oleomargarine butter," or if cheese, as "imitation cheese;" and in case of retail sales of such articles or substances in parcels, the seller shall in all cases sell, or offer or expose the same for sale from a tub, firkin, box or package stamped, branded or marked as herein stated, and shall also deliver therewith to the purchaser, printed label bearing the plainly printed words, "oleomargarine butter," or if cheese, the words imitation cheese," only, in Roman letters not less than one-half inch .n length, which shall be printed in a straight line; and every sale of such article or substance, or export of the same, by the tub, firkin, box or package, or in any greater quantity, not so stamped, branded or marked, and if exported, not invoiced and cleared through the custom-house as "oleomargarine butter," or if cheese, as "imitation cheese," and every sale of such article or substance at retail, in parcels, that shall not be sold from a tub, firkin, box or package so stamped, branded or marked, or without delivery of a label therewith, as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this state to recover upon any contract for the sale of any such article or semblance not so stamped, branded, marked, labeled or sold. 66 cheese pro marked §2. Every person who shall sell or offer, or expose for sale, or ex- Sales, etc., port to a foreign country, or have in his or her possession, with in- of imita tent to sell by the tub, firkin, box or package, or in any greater quan- butter and tity, any of the said article or substane required by the first section hibited. of this act to be stamped, branded, marked, and if exported, invoiced except in and cleared through the custom-honse as "oleomargarine butter," or packages. "imitation cheese," as therein stated; that shall not be so stamped, branded, marked, and if exported, invoiced, according to the provisions of this act, or in case of retail sales in parcels every person who shall sell, or offer or expose for sale, any of said article or substance, without selling, offering or exposing for sale, the same from a tub, firkin, box or package stamped, branded or marked, as in said first section stated, or without delivery of a label, as required by section one of this act, shall for every such offense forfeit and pay a fine of one hundred dol- Penalty. lars, to be recovered with costs, in any of the courts of this state having cognizance thereof, in an action to be prosecuted by any district attorney, in the name of the people, and the one-half of such recovery shall be paid to the informer, and the residue shall be applied to the support of the poor in the county where such recovery is had. sold or exported marked §3. Every person who shall sell or offer or expose for sale, or export Not to be to a foreign county, or who shall cause or procure to be sold, offered or exposed for sale by the tub, firkin, box or package, or in any greater unless quantity, any article or substance required by the first section of this and act to be stamped, branded, marked, and if exported, invoiced and cleared stamped. as therein stated, not so stamped, branded, marked, and if exported, Penalty. invoiced and cleared; or in case of retail sales in parcels, every person who shall sell, or offer or expose for sale, or who shall cause or procure to be sold, offered or exposed for sale, any article or substance required by the first section of this act to be sold, offered or exposed for such sale from a tub, firkin, box or package, stamped, branded or marked, and labeled as therein stated, contrary to the provisions of said section, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment in the county jail for not less than ten nor more than thirty days, or by both such fine and imprisonment, for each and every offense. § 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. 5. This act shall take effect immediately. Time for filling notices extended to Novem CHAP. 239. AN ACT supplemental to chapter five hundred and fifty of the laws of eighteen hundred and eighty, entitled "An act relating to certain assessments for local improvements in the city of New York." PASSED May 31, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The time for filing the notices provided for in section two of the act chapter five hundred and fifty of the laws of eighteen hundred and eighty, entitled "An act relating to certain assessments ber 1, 18 for local improvements in the city of New York," is hereby extended until the first day of November, eighteen hundred and eighty-two, and the time for the submission of evidence to said commissioners is hereby extended until the first day of November, eighteen hundred and eightythree, and the time within which said commissioners shall make and render decisions in any cases is hereby extended until the first day of FebProviso as ruary, eighteen hundred and eighty-four. Provided, however, that to interest. in all cases brought before said commissioners by notices filed under Counsel sent city, etc. this section, interest upon the amounts fixed in the certificates to be filed, as provided in section six of said act, shall be charged from the respective dates of the certificates which may have been first filed, in respect of any assessments for the same local improvement. §2. It shall be the duty of the counsel to the corporation of the said torre city, to designate counsel to represent the city before the said commissioners in the matters aforesaid. The comptroller may provide the money to pay the expenses of such proceedings, including compensation to said counsel, by the issue of revenue bonds of the said city, and an amount sufficient to cover such expenses, and to pay such bonds shall be included in the final estimates for said city for the years eighteen hundred and eighty-three and eighteen hundred and eighty-four. § 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 4. This act shall take effect immediately. CHAP. 240. AN ACT to amend chapter one hundred and seventy-two of the laws of eighteen hundred and seventy-five, entitled “An act to authorize the lighting of public streets and avenues in the town of Fishkill, county of Dutchess." PASSED May 31, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter one hundred and seventy-two of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the lighting of public streets and avenues in the town of Fishkill, county of Dutchess," is hereby amended so as to read as follows: nance of § 2. The board of town officers, consisting of the supervisor, Maintecommissioners of highways and town clerk of the town of Fishkill, in street the county of Dutchess, shall have power to provide by contract for lamps. erecting, maintaining and lighting of street lamps within said district. § 2. Section three of said act is hereby amended so as to read as follows: of expense submitted to clerk, etc. ment. §3. On or before the first day of November, in the year one thon- Estimate sand eight hundred and eighty-two, and annually on or before the of, to be first day of November in each year thereafter, said town officers, or a majority of them, shall make, sign and deliver to the town clerk of the town of Fishkill, a statement, showing the amount necessary to be raised for such purpose, for the year commencing the preceding first day of May, and said town clerk shall, on or before the twenty-fifth day of November in each year, make and certify a copy of said statement, and deliver such copy to the clerk of the board of supervisors of the county of Dutchess. Such expenses shall be levied and collected Assessfrom all the taxable real and personal property embraced within said. lamp district. For the purpose of enabling the board of supervisors, to levy and collect such expenses from said property, the assessors of the town of Fishkill shall, when they make the annual assessmentroll of said town, place before each assessment, included in said lamp district, the letters L. D. The board of supervisors of Dutchess county shall annually cause the amount stated in such certified statement, which shall be delivered to the clerk of their board, to be raised upon the taxable property embraced in said lamp district, designated upon the assessment-roll as aforesaid, at the same time, and in the same manner, as other taxes are levied and collected in said town; and when said expenses shall be collected, they shall be paid to the supervisor of said town, to be disbursed by him, for the purpose mentioned in the second section of this act. §3. Section four of said act is hereby repealed. §4. This act shall take effect immediately. tax,how to CHAP. 241. AN ACT to amend chapter four hundred and thirty-five of the laws of eighteen hundred and sixty-eight, entitled "An act to incorporate the village of Hamilton, in the county of Madison, and to repeal its present charter," as amended by chapter two hundred and sixty-eight of the laws of eighteen hundred and eighty. PASSED May 31, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 2. Section twenty-six of chapter four hundred and thirtyfive of the laws of eighteen hundred and sixty-eight, entitled "An act to incorporate the village of Hamilton in the county of Madison, and to repeal its present charter," as amended by chapter two hundred and sixty-eight of the laws of eighteen hundred and eighty, is hereby amended so as to read as follows: * Highway § 26. To raise the highway tax provided for in the preceding secbe levied tions, the trustees shall first cause a roll of all the persons and corporations, persons owning stock therein, and the stock thereof, stockholders and stock of any banking association therein, and non-resident lands liable to be assessed for such tax, to be made, together with the valuation of their real and personal estate, with columns prepared for the insertion of the poll tax and for the taxes upon said real and personal estate; they shall then cause to be inserted in such roll the poll taxes imposed upon the persons liable therefor; they shall then apportion the the residue of the amount to be raised among the several persons and corporations, and upon the non-resident lands named in said roll, in proportion, to the amount of real and personal estate assessed to each respectively. They shall annex to such roll a warrant directed to the collector of the corporation, commanding him to collect the amount of such assessment in money, in the same manner as the other taxes of the village are collected, and pay the same to the treasurer of said Return of village. In case any of the said taxes shall not be collected, the collector, at the expiration of the time mentioned in the warrant, shall make the same return to the said trustees as is provided in this act in regard to other uncollected taxes, and the same proceedings shall be had for the collection thereof as hereinafter authorized for the collection of other uncollected village taxes. The money so raised shall be raised, how expended, under the direction of the trustees, as they may direct, expended. either by the street commissioner, in whole or in part, in making and Tax warrant. uncol lected taxes. Money to be keeping in repair the streets, crosswalks, sewers, ditches and sluices, and in clearing snow, ice, slush or any improper substance from the crosswalks in said village; or in lieu of said work being performed by the street commissioner as aforesaid, the said trustees may let by contract the whole or a part of the said work to the lowest bidder or bidders, who shall execute a bond to the village of Hamilton for the faithful performance thereof, which bond, in all things, is to be approved by the said trustees, or a majority of them. At least two weeks prior to any letting as herein provided, the trustees of said village or a majority of them, shall give notice of such letting by posting *So in original. |