§§ 30, 40, 52, 55. Milk gathering stations. L. 1915, ch. 651. ADOPTION. Of minors by corporations; Benevolent Orders L., §§ 12, 13. Generally, Domestic Relations L., §§ 110-116. Placing for, by benevolent corporations, Benevolent Orders L., §§ 12, 13. ADVERTISEMENTS. Unlawful affixing, Penal L., § 1423-a. Untrue and misleading, Penal L., § 421. AGRICULTURAL LAW. (L. 1909, ch. 9.) § 30. Definitions. Adulterated milk.-Milk that contains more than eighty-eight per centum of water or fluids, or milk not conforming to the several specifications contained in this section is "adulterated milk" within the purview of the statute without regard to its specific use. People v. Martin (1915), 88 Misc. 519, 151 N. Y. Supp. 69. § 40. Prohibited articles not to be furnished for use. Failure of restaurant keeper to post signs reading "Oleomargarine used here."A restaurant keeper who uses or serves any oleaginous substitute for butter and who fails to post signs reading "Oleomargarine used here" violates this section. It is insufficient to print such words upon the bill of fare. People v. Wellner (1914), 87 Misc. 334, 149 N. Y. Supp. 998. § 52. Penalties. Penalty for sale of adulterated milk; analysis by chemist.-Where, in an action to recover a penalty under this section of said law, it appeared that defendant exposed for sale milk which upon analysis by a competent chemist and by the best known methods of test showed eighty-nine and sixty-nine one-hundredths per cent. of water, the solids being ten and thirty-one one-hundredths per cent., a judgment dismissing the complaint at the close of palintiff's case will be reversed and a new trial ordered. People v. Martin (1915), 88 Misc. 519, 151 N. Y. Supp. 69. § 55. Licensing of milk gathering stations where milk is bought.-On and after September first, nineteen hundred and thirteen, no person, firm, association or corporation, shall buy milk or cream within the state from producers for the purpose of shipping the same to any city for consumption or for manufacture, unless such business be regularly transacted at an office or station within the state and unless such person, firm, association or corporation be duly licensed as provided in this and the ensuing sections of this article. Every such person, firm, association or corporation before engaging or continuing in the business of buying milk or cream for the purposes aforesaid, shall, annually, on or before August first, file an application with the commissioner of agriculture for a license to transact such business. The application shall state the nature of the business, as hereinabove set forth, the full name of the person or corporation applying for the license, and, if the applicant be a firm or association, the full name of each member of such firm, or association, the city, town or L. 1915, ch. 651. ness. village and street number at which the business is to be conducted, and such other facts as the commissioner of agriculture shall prescribe. The applicant shall further satisfy the commissioner of his or its character, financial responsibility and good faith in seeking to carry on such busiThe commissioner shall thereupon issue to such applicant, on payment of ten dollars, a license entitling the applicant to conduct the business of buying milk and cream from producers for the purpose aforesaid at an office or station at the place named in the application until the first day September next following; provided, however, that if the application be presented in the month of July, and if the applicant so elects, such license may be granted to begin on the first day of September next following and run for a term of one year. A license shall not be issued, however, to any applicant if during the year preceding the filing of the application a complaint from any producer and seller of milk or cream shall have been filed with the commissioner against such applicant for any of the grounds specified in section fifty-seven hereof, and such complaint shall have been established as true and just to the satisfaction of the commissioner after such complaint shall have been investigated by the commissioner in the manner provided by section fifty-six hereof. A license shall not be issued as provided in this section, on and after the taking effect of this section, unless the applicant for such license shall file with the application a good and sufficient surety bond, executed by a surety company, duly authorized to transact business in this state, in a sum not less than five thousand dollars, or shall be relieved from such requirement as provided herein. Such bond shall be approved as to its form and sufficiency by the commission of agriculture. Such applicant may in lieu of such bond deposit with the commissioner of agriculture money or securities in which the trustees of a savings bank may invest the moneys deposited therein, as provided in the banking law, in an amount equal to the sum secured by the bond required to be filed as herein provided. The bond required to be filed hereunder shall be given to the commissioner of agriculture in his official capacity and shall be conditioned for the faithful compliance by the licensee with the provisions of this chapter, as hereby amended, and for the payment of all amounts due to persons who have sold milk or cream to such licensee, during the period that the license is in force. The money or securities deposited with the commissioner of agriculture, as above provided, shall constitute a separate fund and shall be held in trust for, and applied exclusively to, the payment of claims against the licensee making such deposit, arising from the sale of milk or cream to such licensee. Upon default by the licensee in the payment of any money due for the purchase of milk or cream, which payment is secured by a bond or the deposit of money or securities as hereinbefore provided for, the creditor may file with the commissioner of agriculture, upon a form prescribed by him, § 55. Milk gathering stations. L. 1915, ch. 651. a verified statement of his claim. If such creditor shall have reduced such claim to judgment or shall thereafter and before the commencement of the action by the commissioner of agriculture, as hereinafter provided for, reduce such claim to judgment, a transcript of such judgment shall also be filed with such commissioner. Such statements may be filled at any time during the period of the license for purchases made during such period and within ninety days from the termination of such period. After the expiration of ninety days from the termination of any license period the commissioner of agriculture shall, by proper action wherein all such creditors and any surety upon any bond given as hereinbefore provided for and the licensee shall be parties, proceed to determine the amount due each such creditor, and the judgment rendered in such action shall be enforced ratably for such creditors against the surety on the bond, if. one there be, or against the moneys or securities deposited as herein before provided for. If any such creditor shall have reduced his claim to judgment such judgment shall be presumptive proof of the amount due such creditor in any action brought by the commissioner of agriculture, as hereinbefore provided for. Every bond given pursuant to the provisions hereof shall be applicable, in the first instance, to the payment of all claims arising during the license period for which such bond shall continue, and filed either during such period or within ninety days after the expiration thereof. If all such claims shall be paid the balance available upon such bond shall be devoted to the extinguishment ratably of claims arising during such license period, but for which statements shall not have been filed until after ninety days after the expiration of such period. All moneys and securities, deposited as herein provided for, shall be applicable, in the first instance, to the extinguishment of claims, properly filed, arising during the license period for which such moneys or securities were originally deposited and if, after the extinguishment of such claims, there shall be a surplus remaining such surplus shall be devoted to extinguishment of claims arising during any preceding license period which were properly filed as herein before provided, all claims for any one license period to be of a parity. Any surplus remaining after the extinguishment of such prior claims shall be added to the moneys or securities then on deposit with the commissioner of agriculture or, if there be at that time on file with such commissioner a bond given pursuant to this section, or if there be then on deposit with such commissioner additional moneys or securities deposited as herein provided for, and if such bond or such moneys or securities, as the case may be, shall, in the opinion of the commissioner of agriculture, be sufficient, such surplus shall be returned to the licensee. So in original. L. 1915, ch. 651. Milk gathering stations. § 55. A person or corporation licensed hereunder shall make a verified statement of his or its disbursements during a period to be prescribed by the commissioner of agriculture, containing the names of the persons from whom such products were purchased, and the amount due to the vendors thereof. Such statement shall be submitted to the commissioner of agriculture when requested by him and shall be in the form prescribed by such commissioner. If it appears from such statement or other facts ascertained by the commissioner of agriculture, upon inspection or investigation of the books and papers of such licensee as authorized by section fifty-six of this chapter, that the security afforded to persons selling milk and cream to such licensee by the bond executed or deposit made by such licensee as herein provided does not adequately protect such vendors, the commissioner of agriculture may require such licensee to give an additional bond or to deposit additional money or securities, to be executed or deposited as above provided, in a sum to be determined by the commissioner, but not exceeding by more than twenty-five per centum the maximum amount paid out by such licensee to sellers of milk in any one month: Provided, however, that the maximum amount of the bond or deposit required from any applicant under the provisions of this section shall be one hundred thousand dollars; and that any applicant filing a bond or depositing money or securities in such maximum amount shall be exempted from filing either the statements of milk purchased, or the statements of disbursements in this section provided for. If the applicant for a license under this section be a person or a domestic corporation, the commissioner of agriculture may, notwithstanding the provisions of this section, if satisfied from an investigation of the financial condition of such person or domestic corporation that such person or corporation is solvent and possessed of sufficient assets to reasonably assure compensation to probable creditors, by an order filed in the department of agriculture, relieve such person or corporation from the provisions of this section requiring the filing of a bond. The term "station" or "milk gathering station," as used in this and the ensuing sections of this article, shall include an established office where the business of buying milk or cream as herein provided is carried on, with or without a place or premises in connection therewith for the physical handling of milk or cream. (Added by L. 1913, ch. 408, and amended by L. 1915, ch. 651, in effect May 18, 1915.) Application. The Commissioner of Agriculture (1) shall demand that a license be taken out under section 55 for all purchases of milk made within the State of New York for the purpose of shipping same to any city for consumption or for manufacture thereof into human food, irrespective of whether or not such purchase is made from dairymen; (2) He shall construe section 55 to read: "No person, etc., shall buy milk within the State of New York, (a) for the purpose of shipping the same to any city for consumption, or (b) for the manufacture thereof into butter, etc., etc.;" (2a) The term "shipping" in section 55 and "shipment" in section 61 shall be construed to include all methods of transportation including §§ 58, 59, 104. Milk gathering stations. L. 1915, ch. 651. horse drawn vehicles; (3) The term "milk" as used in this section shall include cream; (4) Separated cream is a manufacture of milk; (5) He shall require a license to be obtained under the provision of section 55 from a party buying milk from which he separates the cream, shipping such cream to a city for consumption. Rept. of Atty. Genl. (1915), p. 41, § 58. Certiorari to review. The action of the commissioner of agriculture in refusing to grant a license, or in revoking a license granted under section fifty-five, shall be subject to review by writ of certiorari, and if such proceedings are begun to review the revocation of license, the license shall be deemed to be in full force and effect until the final determination of certiorari proceedings and all appeals therefrom. (Added by L. 1913, ch. 408, and amended by L. 1915, ch. 651, in effect May 18, 1915.) § 59. Records to be kept.-Every proprietor of a milk gathering station shall keep, in such form as the commissioner of agriculture may prescribe, a record of transactions of purchases of milk or cream by him and he shall, at least semi-monthly, deliver to each person from whom he receives or purchases milk or cream, and in the unit of measure used in computing the amount due therefor, an itemized statement of the several amounts or quantities of such milk or cream so received or purchased at such milk station from such person during the prior half month or, if statements are delivered more frequently than semi-monthly, during that period of time which has elapsed since the delivery of such last prior statement. If the milk or cream is purchased or received on a butter fat basis, such statement shall include the percentage, or average percentage of butter fat contained in said milk or cream as determined by tests periodical or otherwise. Every such proprietor of a milk gathering station shall post in a conspicuous place in such milk station, a schedule of the prices being paid for milk or cream including the premiums paid or deductions made, if any, for milk or cream containing milk fat either in excess or in lesser amount than the agreed standard, and shall keep a correct account of all the milk or cream daily received or purchased from each person at such milk station which account shall be open to inspection by said person. (Added by L. 1913, ch. 408, and amended by L. 1915, ch. 651, in effect May 18, 1915.) § 104. Compensation for slaughter of animals on account of foot and mouth disease or anthrax.—In the event of the breaking out within the state of foot and mouth disease or anthrax, the control, suppression or eradication of which involves the general condemnation and slaughter of cattle, sheep or swine and the disposal of the carcasses thereof by state authorities in the interest of public health and welfare, the owner of each such animal slaughtered shall receive compensation for each animal slaughtered. The amount to be paid for each animal, pursuant to the provisions of this section, shall be fixed by a board of appraisal, to consist of the commissioner of agriculture, or his duly accredited representative, and a repre |