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His salary. § 18. The superintendent shall receive for his services a salary of three hundred dollars a year, and for the first two years, such additional sum as may be certified to as just and proper by the secretary of state, but in no case shall such allowance exceed two hundred dollars in one year.

Copies of standard weights and measures. § 19. The state superintendent of weights and measures shall procure for the state, a complete set of copies of the original standards of weights and measures adopted by this act, which shall be used for adjusting county standards, and in no case shall the original standards be used for any other purpose than the adjustment of this set of copies, and for scientific purposes; he shall also procure such apparatus and fixtures as are necessary in the comparison and adjustment of the county standards; for these purposes he is hereby authorized to expend a sum not exceeding fifteen hundred dollars, which is hereby appropriated from any money in the treasury applicable to that purpose.

County sealer. § 20. The board of supervisors of each county shall, at their annual meeting, appoint a county sealer of weights and measures, who shall hold his office during the pleasure of the board.

His duty. § 21. It shall be the duty of the county sealer to take charge of the county standards and standard balances and provide for their safe keeping; to provide the town with such standard weights and measures and standard balances as may be wanting, and to compare the town standards with those in his possession as often as once in every five years. In case any town shall fail to procure or obtain the proper standards of weights and measures for said town, or in case there be no sealer of weights and measures in said town, then in such case it shall be the duty of the county sealer, in the county where such town is situated, to act in said town, and perform the duties of a town sealer in such town, and shall be entitled to the fees as is allowed by section twenty-seven of said act; and also may perform and execute the duties of town sealer in such towns, and for such times as said towns may not have therein a qualified town sealer, or may not have the requisite standard of weights and measures therein, and shall receive for such services the same fees as are allowed to town sealers for similar services. [Thus amended by L. 1863, ch. 77, and L. 1865, ch. 666.]

Town sealer. § 22. A town sealer of weights and measures shall be appointed by the supervisor and justices of the peace of the town, and shall hold his office during their pleasure.

His duty. § 23. It shall be the duty of the town sealer to take charge and provide for the safe keeping of the town standards, and to see that the weights, measures and all apparatus used for determining the quantity of commodities used throughout the town, which shall be brought to him for that purpose, agree with those standards in his possession.

Copies of standards for counties. § 24. The supervisors of each county shall, at their first annual meeting after the passage of this act, provide for procuring the proper standards of weights and measures for their respective counties, and for each of the towns therein; and all expenses directly incurred in furnishing the several cities, counties and towns with standards, or in comparing and adjusting those already in their possession, shall be borne by the respective cities, counties and towns for which such expenses shall have been incurred.

[Modified by L. 1854, ch. 326, § 4, post.]

Devices for weights and measures. § 25. The state superintendent of weights and measures shall see that there are impressed on all the city and county standards the emblem of the United States, the letters N. Y., and such other device as he shall direct for the particular county; and the county sealers shall see that in addition to the above device there is impressed on the town standards such other device as the board of supervisors shall direct for the several towns.

Weights and measures to be marked. § 26. Whenever the several sealers of the cities, counties and towns shall compare weights and measures and find or make

them to correspond with the standards in their possession, they shall seal and mark such weights and measures with the appropriate devices.

Fees. § 27. Each sealer shall be entitled to receive for his services, at and after the following rates:

For sealing and marking every beam, ten cents;

For sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed fifty cents for any one measure;

For sealing and marking every weight, five cents;

For sealing and marking liquid and dry measures, ten cents for each measure. He shall also be entitled to a reasonable compensation for making weights and measures, conformed to the standards in his possession.

In case of vacancies, standards to be delivered to successors in office. § 28. Whenever the state superintendent of weights and measures shall resign, be removed from office, or remove from the city of Albany, or when any city, county, or town sealer shall resign, be removed from office, or remove from the city, county, or town in which he shall have been appointed or elected, it shall be the duty of the person so resigning, removed, or removing, to deliver to his successor in office all the standard beams, weights, and measures in his possession.

Id., in case of death. § 29. In case of the death of any such sealer of weights and measures, his representative shall in like manner deliver to his successor in office, such beams, weights, and measures.

Penalty for refusal. § 30. In case of refusal or neglect to deliver such standards, entire and complete, the successor in office may maintain an action against the person or persons so refusing or neglecting, and recover double the value of such standards as shall not have been delivered. And in every such action in which judgment shall be rendered for the plaintiff, he shall recover double costs.

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Damages how disposed of. § 31. One-half of the damages recovered in every such action shall be retained by the person so recovering, and the other shall be applied to the purchase of such standards as may be required in his office. [Section 32 repealed by L. 1886, ch. 593.]

Surveyor's testimony. § 33. No surveyor shall give evidence in any cause depending in any of the courts of the state, or before arbitrators, respecting the survey or measurements of lands which he may have made, unless such surveyor shall make oath, if required, that the chain or measure used by him was conformable to the standards which were the standards of the state, at the time such survey was made.

77 N. Y., 36.

[Sec. 34 relates to time of the act taking effect. Sec. 35 repeals R. S., part 1, ch. 19, tit. 2.]

L. 1854, Chap. 326 – An act to amend an act entitled "An act in relation to weights and measures," passed April eleventh, eighteen hundred and fifty-one.

All the counties to be supplied; expenses, how paid. SECTION 1. That for the better enabling the state superintendent of weights and measures to carry into effect that clause of the seventeenth section of the act of April eleventh, eighteen hundred and fifty-one, entitled "An act in relation to weights and measures," which requires that the said superintendent shall provide the several counties of the state with such standards and balances as may be necessary, he is hereby authorized to contract with such manufacturers as he may select for their ability and experience, for the making and furnishing so many sets of weights and measures and such and so many balances as shall be necessary to supply those counties that are not yet provided with a proper and efficient set of standard weights and measures and balances to meet the requirements of the said act in

relation to weights and measures, as specified more particularly in the twenty-first section of the same, together with one additional set of such standards, to remain on deposit in the office of the said state superintendent, as a model whereupon to construct new standards for such counties as may be hereafter erected within this state. The said standard shall be fabricated and manufactured of such materials, denominations and fashion of workmanship as shall be directed by the said superintendent, and conformed by the manufacturers as nearly as practicable to the standard established by the United States government. The cost and expenses of the said standards shall be paid by the treasurer of the state, on the warrant of the comptroller, based upon the certificate of said superintendent, stating that the said sets of weights, measures and balances have been delivered into his possession, and have been examined and approved by him; provided as an essential condition, that the said standards are obtainable at such rates as shall be deemed just and reasonable by the superintendent.

Examination and distribution. § 2. On receiving the aforesaid weights, measures and balances, the state superintendent of weights and measures shall forthwith proceed to examine the balances and compare each set of weights and measures with and conform the same as exactly as possible to the state standard weights and measures in his possession; and shall thereupon forward one set of such standard weights and measures, together with the requisite balances, to the county clerk or county sealer of each county in the state not already supplied with the same, for the use of the county sealer of such county, as specified in the twentyfirst section of the act to which this is an addition; the cost of transportation to be defrayed out of such county treasury respectively, and the fees and expenses of the state superintendent for verification and sealing to be paid by the county treasurer to the said superintendent on his order.

Prime cost to be charged to the county. § 3. In order to indemnify the state treasurer for the expenses incurred under the first section of this act, the prime cost of each set of standards shall be charged to the county to which the same is assigned, and shall remain to the debit of said county until fully repaid, but without interest for one year after the date of the delivery of such set of standards; and the board of supervisors of every such county, at their first annual meeting after the reception of such set of standards, shall provide the means to meet the expenses and charges incident thereto, and shall authorize the county treasurer to pay into the treasury of the state the prime cost of such standards, together with the interest accruing upon the same from one year after the reception of such standards.

Prior act modified. § 4. So much of the twenty-fourth section of the act entitled "An act in relation to weights and measures," passed April eleventh, eighteen hundred and fifty-one, as requires the supervisors of each county to provide for procuring a set of county standards, is modified by the preceding third section of this act, so far as respects the several counties that have not acted under the said twenty-fourth section; but the remainder of the section shall remain in full force, to the effect that the supervisors of each county shall, soon after the passage of this act, provide for procuring the proper standard weights, measures and balances for each of the towns in said county, at the expense of such towns respectively.

L. 1857, Chap. 560-An act to amend section 36 of title 2 of chapter 19 of part 1 of the Revised Statutes, relating to weights and measures, as amended by chapter three hundred and seventy-four of the laws of eighteen hundred and thirty-six.*

Amendment. SECTION 1. Section thirty-six of title two of chapter nineteen of part first of the Revised Statutes as amended, by chapter three hundred and sev

The title of which the section amended forms a part was repealed by L. 1851, ch. 134; so that this act is in effect an amendment of 15 of the act of 1857. The error was caused by incorporating the act of 1851 into the 4th ed. of the R. S., as title 2 of ch. 19.

enty-four of the laws of eighteen hundred and thirty-six, is hereby amended so as to read as follows:

Number of pounds to the bushel. § 15. Whenever wheat, rye, Indian corn, buckwheat, barley, oats, beans, peas, clover seed, timothy seed, flax seed, or potatoes, shall be sold by the bushel, and no special agreement shall be made by the parties as to the mode of measuring, the bushel shall consist of sixty-two pounds of beans, sixty pounds of wheat, peas, clover seed, or potatoes, fifty-eight pounds of Indian corn, fifty-six pounds of rye, fifty-five pounds of flax seed, forty-eight pounds of buckwheat or barley, forty-four pounds of timothy seed, and thirtytwo pounds of oats.

[As to the appointment of inspectors and sealers of weights and measures in the city of New York, see The New York City Consolidation Act, L. 1882, ch. 410, § 106; of sealers of weights and measures in Brooklyn, see L. 1885, ch. 258.]

TITLE III.

Of the Money of Account.

SEC. 1. Public accounts to be kept in money of account of United States.
2. Judgments, etc., to be in dollars and cents; omission of fractions not erro-

neous.

TITLE 3.

of U. S.

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SECTION 1. All accounts and other computations of money in the Currency treasury and other public offices, whether state or local, and all adopted. accounts arising from proceedings in courts of justice, shall be kept and made out, in the money of account of the United States, that is to say in dollars or units, dimes or tenths, cents or hundredths, mills or thousandths; a dime being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thousandth part of a dollar.

[1 R. L., 168.]

§ 2. In all judgments or decrees rendered by any court of justice, Sums in judgment for any debt, damages or costs, and in all executions issued thereon, and dethe amount shall be computed, as near as may be, in dollars and crees. cents, rejecting lesser fractions; and no judgment or other proceeding shall be considered erroneous for such omissions.

[The same.]

TITLE VIII.

Of the Prevention and Punishment of Immorality and Disorderly Practices.

ART. 1.-Of jugglers and the exhibition of shows, etc.

ART. 2.-Of disorderly practices on public occasions and holidays, and in taverns,

vessels and canal boats.

ART. 3.-Of betting and gaming.

ART. 4.-Of raffling and lotteries.

ART. 5.-Of the racing of animals.

ART. 6.-Of profane cursing and swearing.

ART. 7.-Of the disturbance of religious meetings

ART. 8.-Of the observance of Sunday.

ART. 9.-General provisions to enforce the prohibitions of the three last articles.

TITLE 8.

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