ered. § 4. All penalties imposed under the provisions of this act may be Penalties, recovered, with costs of suit, by any person or persons, in his or their how recov own names before any justice of the peace in the county where the offense was committed, or where the defendant resides, or where such suit shall be brought, in the city of New York, before any justice of any of the district courts or the marine court of said city, or such penalties may be recovered in an action in the supreme court of this state by any person or persons in his or their own name, which action shall be governed by the same rules as other actions in said supreme court and said penalties when collected shall be paid by the court before which How penrecovery shall be had, one-half to the prosecutor and the remainder to alties the overseer of the poor, for the use of the poor of the town in which the offense was committed, and in cities to the persons holding the like relations as overseer of the poor. divided. ment. tion. § 5. On the non-payment of the penalty, the defendant shall be com- Imprisonmitted to the common jail of the county for a period of not less than one day for each dollar of the amount of the judgment. Any court of Jurisdicspecial sessions in this state shall have jurisdiction to try and dispose of all and any of the offenses arising in the same county against the provisions of this act, and every justice of the peace shall have jurisdiction within his county of actions to recover any penalty hereby given or created. § 6. This act shall take effect immediately. See L. 1862, ch. 467, ante, vol. 3, p. 415, and vol. 6, p. 301. CHAP. 222. AN ACT to prevent fraud in the manufacture and sale of Fertilizers, commercial fertilizers. PASSED May 7, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows: be affixed. SECTION 1. Every person in this state who shall dispose of any Name or commercial fertilizer, by sale or otherwise, shall affix to every barrel, tradesack, box or package thereof, in a conspicuous place on the outside mark to thereof, a plainly written or printed certificate, bearing a name or trade-mark by which such fertilizer may be known and designated, and specifying the name and residence of the manufacturer or vendor and the date of the manufacture of such fertilizer. The said certificate shall also specify the percentages which such fertilizer contains, of phosphoric acid soluble in water, of total phosphoric acid of potash, of nitrogen soluble in water, and of total nitrogen or the equivalent ammonia. § 2. For failing to affix to every such barrel, sack, box or package, of fertilizer the certificate herein before required, the party disposing of such barrel, sack, box, or package shall forfeit to the purchaser thereof the sum of one hundred dollars, and for affixing a false certificate to any barrel, sack, box or package of fertilizer, the party dis posing of such barrel, sack, box or package, shall forfeit to the purchaser thereof the sum of two hundred dollars. Penalty. Certificate. § 3. Whenever a correct chemical analysis of any commercial fertilizer disposed of in this state, shall show a deficiency of not more than one-fourth of one per cent of any one of the chemical substances whose percentages are specified in the certificate herein before required, such certificate shall not be deemed false within the meaning of this act. Action for 4. For the recovery of the forfeitures provided in the second secforfeiture. tion of this act, the purchaser of any commercial fertilizer may bring an action which shall be tried in the county where said purchaser resides. Definition. § 5. The term "commercial fertilizer," used in this act, shall be taken to mean any and every substance imported, manufactured, prepared or disposed of for fertilizing or manuring purposes; provided, however, that the provisions of this act shall not apply to marl or to fertilizers disposed of at one-half cent or less per pound, nor to guano, the chemical composition of which has not been changed by the vendor, or any other person since its importation. When to take effect. § 6. This act shall take effect on the first day of August, eighteen hundred and seventy-eight. Dog tax. Amending ch. 197. 6 Edm. 240. Tax to pay orders for killed. CHAP. 228. AN ACT to amend chapter one hundred and ninety-seven of the laws of eighteen hundred and sixty-four, entitled "An act to amend the several acts relating to taxes upon dogs, so far as relates to the county of Ontario, and providing for the extension of the provisions thereof to the several counties of the state, by resolution of the respective boards of supervisors." PASSED May 8, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter one hundred and ninety-seven of the laws of eighteen hundred and sixty-four, entitled "An act to amend the several acts relating to taxes upon dogs, so far as relates to the county of Ontario, and providing for the extension of the provisions thereof to the several counties of the state, by resolution of the respective boards of supervisors" is hereby amended by adding thereto and inserting therein, after section four thereof, the following, as section five, namely: § 5. Whenever the amount of the order or orders for damages, given by the sheep town auditors to the owner or owners of sheep killed or injured by dogs, shall exceed the amount of the dog fund in the hands of the supervisor of such town, it shall be lawful for the board of supervisors to add to the accounts of said town, the amount of such order or orders then due and unpaid; but such sum shall in no case exceed the amount theretofore received into the dog fund of said town, and diverted therefrom for the purpose of building and repairing roads and bridges, or for the payment of contingent expenses of such town, for the three years next preceding the date of such order or orders. Numbers. § 2. Sections five, six, seven, and eight of said act are hereby numbered respectively, six, seven, eight and nine. § 3. This act shall take effect immediately. CHAP. 233. AN ACT to amend chapter one hundred and fifty of the laws of eighteen hundred and thirty-seven, entitled "An act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe keeping." PASSED May 9, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending Laws 1837, ch. 150. 3 Edm. 76. Sale of land on mortgage sioners. SECTION 1. Section thirty-three of chapter one hundred and fifty of the laws of eighteen hundred and thirty-seven, entitled “An act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe keeping," is hereby amended so as to read as follows: § 33. When any land mortgaged to the said commissioners according to this act shall be exposed for sale as aforesaid, and no person shall bid at such sale for the said lands, a sum equal to the amount due on the mortgage for principal to loan and interest, and the expenses of the advertisements and the sale; or if any commisperson to whom any such lands shall at any such sale be struck off, shall not pay for the same, then and in every such case the said commissioners shall enter into and take possession of the said lands and premises, and let the same upon the best terms they can obtain for the benefit of the state, until the third Tuesday in September then next, and shall, on the same third Tuesday in September, sell the said lands and premises at public vendue to the highest bidder, giving at least six weeks previous notice of such sale, in the manner directed by the two next preceding sections of this act, and if, upon such sale, no person shall bid or offer to give for the said lands and premises, a sum equal to the amount due on the mortgage for principal and interest, including all costs and expenses; or if any person to whom any such lands and premises shall at any such sale be struck off, shall not pay for the same, then and in every such case, the said commissioners shall bid therefor in behalf of the people of this state, a sum not exceeding the amount at which the said lands shall be appraised by the appraisers hereinafter mentioned, in case such bidding shall be necessary to prevent the sale of such premises for a less sum; but if the mortgagor, or his or her heirs or assigns shall, at or before the Redemp sale of the mortgaged premises, pay to the said commissioners all such sums of tion by money as shall be due and payable on such mortgage on the first Tuesday of mortOctober then next, for principal and interest, and costs and charges of foreclosure, as prescribed by this act, together with the charges of advertising the same, then the title in fee to said mortgaged premises shall revert to and reinvest in the said mortgagor, his or her heirs or assigns, and the said commissioners shall accept the said sums of money, and the costs and charges aforesaid, and permit the said owner, or his or her heirs or assigns, to take possession of the said mortgaged premises, and to hold the same until default shall be made in payment of any further sum on the said mortgage. The commis- Commissioners appointed by virtue of this act, and their successors, in making any sioners not sale of any mortgaged premises by virtue of this act shall not directly or indirectly ested. be interested in the purchase of the mortgaged premises so sold or any part thereof. The said commissioners may, at any time before the sale of the mortgaged prem- Waste ises, bring and maintain action to restrain the commission of waste upon the mort- upon premises. gaged premises by the mortgagor, his heirs, devisees, assigns, grantors, or by any other person, and may also, at any time, bring an action to correct any mistake or omission in the description of the mortgaged premises, and may also, after default in said mortgage, maintain an action of trespass against any person who shall, at any time thereafter, and before actual sale of the mortgaged premises, cut or remove therefrom or injure any fence, building or other fixture. All purchases made contrary to the provisions of this section shall be Void purvoid. § 2. This act shall take effect immediately gagor. to be inter chases. cheese. CHAP. 237. Butter and AN ACT to amend chapter one hundred and sixty-one of the laws of eighteen hundred and seventy-six, entitled "An act to amend chapter five hundred and sixty-three of the laws of eighteen hundred and sixty-nine, entitled 'An act to amend an act entitled 'An act to protect butter and cheese manufacturers, passed May second, eighteen hundred and sixty-four." Amending ch. 161, PASSED May 9, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter one hundred and sixty-one of the laws of eighteen hundred and seventy-six, entitled "An act to ante, p. 288. amend chapter five hundred and sixty-three of the laws of eighteen. hundred and sixty-nine, entitled 'An act to amend an act entitled 'An act to protect butter and cheese manufacturers,' passed May second, eighteen hundred and sixty-four," is hereby amended so as to read as follows: 7 Edm. 457. 6 Edm. 300. Diluted terated milk. § 1. Section one of chapter five hundred and sixty-three of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled an act to protect butter and cheese manufacturers, passed May second, eighteen hundred and sixty-four" is hereby amended so as to read as follows: § 1. Section one of chapter five hundred and eighteen of the laws of eighteen hundred and sixty-four, entitled "An act to protect butter and cheese manufacturers," is hereby further amended so as to read as follows: § 1. Whoever shall with intent to defraud, sell, supply or bring to and adul be manufactured to any butter or cheese manufactory in this state, any milk diluted with water, or in any way adulterated, uncleanly or impure, or milk from which any cream has been taken, or milk commonly known as skimmed milk, or whoever shall keep back any part of the milk known as "strippings," or whoever shall knowingly bring or supply milk to any butter or cheese manufactory that is tainted or partly sour, or whoever shall knowingly bring or supply to any butter or cheese manufactory milk drawn from cows within fifteen days before parturition, or within three days after parturition, or any butter or cheese manufacturers who shall knowingly use or allow any of his or her employees, or any other person to use for his or her benefit or for their own individual benefit, any milk or cream from the milk brought to said butter or cheese manufacturer without the consent of all the owners thereof, or any butter or cheese manufacturer who shall refuse or neglect to keep, or cause to be kept, a correct account (open to the inspection of any one furnishing milk to such manufacturer) of the amount of milk daily received, or of the number of pounds of butter, and the number and aggregate weight of cheese made each day, of the number cut or otherwise disposed of, and the weight of each, shall for each and every offense forfeit and pay a sum not less than twenty-five dollars, nor more than one hundred dollars with costs of suit, to be sued for in any court of competent jurisdiction for the benefit of the person or persons, firm or association, Penalty. corporation, or their assigns upon whom such fraud or neglect shall be committed. § 2. All acts or parts of acts inconsistent with this act are hereby repealed. § 3. This act shall take effect immediately. See Verona Cheese Co. v. Murtaugh, 50 N. Y. 314. CHAP. 239. ors. AN ACT to amend section twenty-eight, chapter four hundred Supervisand eighty-two of the laws of eighteen hundred and seventyfive, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors." PASSED May 9, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending § 1. Section twenty-eight, of chapter four hundred and eighty-two, Laws 1975, of the laws of eighteen hundred and seventy-five, is hereby amended ch. 482, so as to read as follows: ante, p. 156. property. § 28. To authorize boards of trustees or of education in any union School free school districts, or trustees of common school districts, established in conformity to the general or to any special law of the state, on the application of a majority of the taxable inhabitants of the district, voting on the question at a duly called meeting, to sell or exchange real estate belonging to the district, for the purpose of improving or changing school house sites, and to increase or diminish the number of members of said boards. §2. This act shall take effect immediately. CHAP. 245. AN ACT to amend article five of title one, chapter sixteen of Highways. part first of the Revised Statutes. PASSED May 13, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1 R. S. 521. SECTION 1. Section one hundred and three of title one, article five Amending of chapter sixteen of part first of the Revised Statutes, is hereby 1 Edm. 481. amended so as to read as follows: Encroachments. § 103. In every case where a highway shall have been laid out or 14 Wend. ascertained, described and entered of record in the town clerk's office, Johns. 359: 250; 9 and all roads not recorded, which have been or shall have been used 10 Hun. 405 as public highways for twenty years or more, and the same have been 7 wend. or shall be obstructed in any manner or encroached upon by fences or 2 Hill, 472; 291: 21 N. Y. 595. |