[611] Vol. 1. shall be made by the parties as to the mode of measuring, the bushel TITLE 2. shall consist of sixty two pounds of beans, sixty pounds of wheat, peas, clover seed, or potates, 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 thirty-two pounds of oats. [As amended 1857, ch., 560.] dent. *S 16. A superintendent of weights and measures for this state, Superinten who shall be a scientific man, of sufficient learning and mechanical tact to perform the duties of his office, shall be appointed by the governor, lieutenant-governor and secretary of state, or any two of them, at a meeting called for this purpose by the secretary of state, and shall hold his office during their pleasure. [1851, ch. 134, § 16.] S17. It shall be the duty of the superintendent to take charge His duties. of the standards adopted by this act as the standards of the state: 37 and 39, [See $$ 36, to see that they are deposited in a fire-proof building belonging to post.] the state, from which they shall in no case be removed, and to take all other necessary precautions for their safe-keeping. It shall also be his duty to correct the standards of the several cities and counties, and provide them with such standards, balances and other means of adjustment, as may be necessary; and as often as once in ten years, to compare the same with those in his possession; he shall, moreover, have a general supervision of the weights and measures of the state. [Same ch., § 17.] *S 18. The superintendent shall receive for his services a salary His salary. of three hundred dollars a year, and for the first two years, such additional sum as may be certified to as just and proper by the secretary of state, but in no case shall such allowance exceed two hundred dollars in one year. [Same ch., § 18.] standard * § 19. The state superintendent of weights and measures shall Copies of procure for the state, a complete set of copies of the original weights and standards of weights and measures adopted by this act, which measures. shall be used for adjusting county standards, and in no case shall the original standards be used for any other purpose than the adjustment of this set of copies, and for scientific puposes; he shall also procure such apparatus and fixtures as are necessary in the comparison and adjustment of the county standards; for these purposes he is hereby authorized to expend a sum not exceeding fifteen hundred dollars, which is hereby appropriated from any money in the treasury applicable to that purpose. [Same ch., § 19.] sealer. 20. The board of supervisors of each county shall, at their County annual meeting, appoint a county sealer of weights and measures, who shall hold his office during the pleasure of the board. [Same ch., § 20.] [See $$ 35, *S 21. It shall be the duty of the county sealer to take charge His duty. of the county standards and standard balances and provide for 37 and 38, their safe-keeping; to provide the town with such standard post.] 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. [Same ch., § 21.] *S 22. A town sealer of weights and measures shall be appointed Town sealer TITLE 2. by the supervisor and justices of the peace of the town, and shall hold his office during their pleasure. [1851, ch. 134, § 22.] His duty. Copies of standards for counties. [Modified, See §§ 38 and 39,post.] Devices for weights and measures. Weights and meas marked. S 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. [Same ch., § 23.] *S 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. [Same ch., § 24.] *S 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. [Same ch., § 25.] * $26. Whenever the several sealers of the cities, counties and sures to be 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. [Same ch., § 26.] Fees. In case of vacancies, be delivered * 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 conform to the standards in his possession. [Same ch., § 27.] *$28. Whenever the state superintendent of weights and meastandards to sures shall resign, be removed from office, or remove from the city of Albany, or whenever 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. [Same ch., § 28.] Ditto 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. [Same ch., $ 29.] refusal. $30. In case of refusal or neglect to deliver such standards, TITLE 2. entire and complete, the successor in office may maintain an Penalty for 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. [1851, ch. 134, § 30.] how dis $31. One-half of the damages recovered in every such action, Damages shall be retained by the person so recovering, and the other shall posed of. be applied to the purchase of such standards as may be required in his office. [Same ch., § 31.] using false *S 32. If any person or persons shall hereafter use any weights, Penalty for measures, beams, or other apparatus, for determining quantity of weights and commodities, which shall not be conformable to the standards of measures. this state, whereby any person shall be injured or defrauded, he shall be subject to a fine not exceeding five dollars for each offense, to be sued for and collected by the city or town sealer; he shall also be subject to an action at law, in which the defrauded person 17 Wend,89. shall recover treble damages and costs; and it shall be the duty of every person keeping any store, grocery or other place for the sale or purchase of such commodities as are usually sold by weight or measure, once in each year, to procure the weights and measures used by him to be compared with the standard in this act provided, and shall be subject to a fine of five dollars for every neglect to comply with this provision, to be recovered by any one who shall prosecute therefor. [Same ch., § 32.] testimony. * 33. No surveyor shall give evidence in any cause depending Surveyor's 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. [Same ch., § 33.] to take *S 34. Sections sixteen, seventeen, eighteen, and nineteen of Law when this act shall take effect immediately, and the remaining portion effect. one year from the date of its final passage. [Same ch., § 34.] * 35. Chapter nineteen, title second, part first of the Revised Repeal. Statutes, "Of weights and measures," is hereby repealed. [Same ch., § 35.] counties to S36. That for the better enabling the state superintendent all the of weights and measures to carry into effect that clause of the be supplied. 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 TITLE 2. 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. Expenses, 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. [1854, ch. 326, § 1.] how paid. Examination and distribution Prime cost to be charged to *S 37. 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 twenty first 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. [Same ch., §2.] $ 38. In order to indemnify the state treasurer for the expenses incurred under the first section of this act, the prime cost of each the county 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. [Same ch., 3.] Sec. 24, how modified, &c. * $39. 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 supervi sors 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 TITLE 3. 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. [1854, ch., 326, § 4.] TITLE III. Of the Money of Account. SEC. 1. Public accounts to be kept in money of account of the United States. 2. Judgments, &c., to be in dollars and cents; omission of fractions not erroneous. U. S. adop Vol. 1. S 1. All accounts and other computations of money in the trea- Currency of sury and other public offices, whether state or local, and all ted. accounts arising from proceedings in courts of justice, shall be kept [612] 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 hundreth part of a dollar, and a mill the thousandth part of a dollar.1 judgments S2. In all judgments or decrees rendered by any court of jus- Sums in tice, for any debt, damages or costs, and in all executions and decrees. issued thereon, the amount shall be computed as near as may be, in dollars and cents, rejecting lesser fractions; and no judgment or other proceeding, shall be considered erroneous for such omissions.1 CHAPTER XX. Of the Internal Police of this State. TITLE 1-Of the relief and support of indigent persons. TITLE 2. Of beggars and vagrants. TITLE 3. Of the safe-keeping and care of lunatics. TITLE 4. Of the care of habitual drunkards. TITLE 7. TITLE 8. TITLE 9. Of the importation into this state of persons held in slavery, of their Of the prevention and punishment of immorality, and disorderly Of excise, and the regulation of taverns and groceries. waters. TITLE 11.—Of fisheries generally, and particularly in Hudson river, and at and below the city of New York. TITLE 12.-Of wrecks. TITLE 13. Of the law of the road, and the regulation of public stages. TITTE 14.-Of the firing of woods. TITLE 15. Of the embezzlement of timber floating. TITLE 16.—Of the preservation of deer and certain game and animals. TITLE 18. Of the destruction of wolves, and other noxious animals. TITLE 19. Of brokerage, stock-jobbing, and pawn-brokers. TITLE 21.—Of insurances on property in this state made in foreign countries, and by individuals and associations unauthorized by law. |