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evidence that the proprietor, vendor, or exhibitor thereof caused or procured the same to be so placed or affixed. Pen. Code, $ 644.
See also Assignments for Benefit of Creditors, SS 4, 13; Banking Law, & 131; Bill of
ADVISORY COMMISSIONERS OF CAPITOL, BOARD OF.
AFFIDAVITS. Affidavits defectively entitled, valid in criminal actions. It is not necessary to entitle an affidavit or deposition, in the action, whether taken before or after indictment, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose, as if it were duly entitled, if it intelligibly refer to the proceeding, indictment or appeal in which it is made. Code Crim. Pro., § 683.
Col. & C. Cas. 495; 1 Rob. 222.
See also Children, $ 29; Cities, $ 35; Code of Civil Procedure, Š 3; Consolidated School Law, SS 15, 69; Depositions ; Evidence, 88 16-18, 50; Executors, $ 92; Highway Law, $ 74; Insurance Law, S 210; Justices' Courts, SS 148, 200, 201, 261; Oaths and Affirmations; Perjury, $ 1; Prisons, S 65; Public Officers Law, $ 104; Town Law, $ 80; Surrogates' Courts, Śs 163, 164; Time, & 3; Trials, $ 18.
AFFINITY. See Domestic Relations Law.
AFFIRMATIONS. See Oaths and Affirmations.
AFTON, Town OF.
riage, $ 2; Rape, $ 1.
AGENTS. 1 Agents or managers to file statements. Any person now carrying on or conducting a general mercantile or manufacturing business within this state, or hereafter commencing such business at or in a fixed location, as agent or manager for another or others, shall, within thirty days after the passage of this act, or the commencement of such business, file a sworn statement, verified by such agent and principal or principals, in the county clerk's office of the county within which said business is carried on, stating the nature of the business and the full name and residence of such principal or principals.
2 Relief from liability for future acts of agents. Any person or persons, principal or principals, may be relieved from all liability for the future act of sach agent or manager by filing in the office of the county clerk where the original statement appointing such agent or manager is filed, a statement revoking such agent or managership, to take effect ten days after the filing thereof; provided he shall, at or before the date of such filing serve either personally or by mail, in the manner prescribed by the code of civil procedure* for service of papers in civil actions, a copy of such revocation statement on each person or firm with whom such principal shall have transacted any business through such agent or manager within six months previous to such filing. But failure to make service of such statement shall not invalidate such revocation except as to persons not so served, said statement to be acknowledged before an officer authorized to take acknowledgments of deeds and to be published in at least three consecutive issues of the newspaper published in the county and nearest to the place where the business of said agent or manager is carried on; but if no newspaper is published in said county, then said statement shall be published in the newspaper published nearest to the place where such business shall be carried on.
3 The county clerk shall keep a register of the names of such agents in alphabetical order, and of their principals, for which registering and filing he shall receive a fee of one dollar; and copies of such certificate and registry certified by him and the affidavit of such publication, shall be evidence.
4 Any person or persons failing to make and file the statement required by the first paragraph of this act, as therein required, shall be guilty of a misdemeanor. Pen. Code, § 363a, added by L. 1893, c. 708, and subd. 2, am'd L. 1895, c. 890. OF BANKS; see Banking Law, S8 9, 25, 67, 72–75. OF BOOK PUBLISHERS; see Consolidated School Law, § 67. OF COMMISSIONERS OF EMIGRATION; see Emigrants, SS 8, 11, 77, 78. OF COMMISSIONERS OF LOCAL IMPROVEMENTS; see Town Law, $ 250. OF COMPTROLLER; see Banking Law, $ 9; Domestic Commerce Law, $ 54. OF CORPORATION OFFERING FREE PASSES, ETC.; see Constitution, 8 148. FALSELY REPRESENTING ONESELF As; see Corporations, $ 165. POWER TO APPOINT; see Corporations, $ 11; Stock Corporation Law, $ 27. OF CERTAIN CORPORATIONS AND ASSOCIATIONS; see Public Officers Law, $ 110; Wages, S 2. OF OWNER TO ALTER PROPERTY AS REQUIRED BY FACTORY INSPECTOR; see Food, $ 9. OF CREDITOR MAY INSPECT PROPERTY IN SHERIFF'S HANDS; see Executions, & 23. EXJOIXED; see Injunction, $ 23. To EXAMINE BANKS; see Banking Law, 88 7, 8, 11, 16. FACTORS; see Factors. OF FOREIGN CORPORATIONS; see Stock Corporation Law, $ 53. OF GASLIGHT COMPANIES; see Transportation Corporations Law, S 67. OF INDIANS; see Indian Law. OF INSURANCE COMPANIES; see Insurance Law, SS 9, 37–39, 41–44, 49, 50, 51, 53, 54, 89, 91,
133, 136, 137, 160, 161, 209, 239c, 318, 320-327. LIABILITY OF; see Actions, SS 63-70; Arrest, & 2; Attachment, SS 2, 3; Justices' Courts,
$35; Larceny, 1; Limitations, SS 46, 49; Preferred, etc., Causes, $ 1.
Real Property Law, SS 207, 224.
AGREEMENTS. See Contracts.
* See Service of Papers.
AGRICULTURAL AND HORTICULTURAL SOCIETIES. Note. These corporations were formerly chartered under L. 1855, c. 425. See Birdseye's
R. S., 1st ed., p. 38; now to be chartered under Membership Corporations Law. AGRICULTURAL COLLEGES; see University Law. EMPLOYMENTS, WHEN PROHIBITED; see Sunday, $ 8. FAIRS; see Liquor Tax Law, $ 31. INSECTS INJURIOUS TO AGRICULTURE; see State Entomologist, $ 1. LEASES OF AGRICULTURAL LAND; see Constitution, 13. AGRICULTURAL SALT; see Salt Springs Law, § 14. TAKING WATERS USED FOR AGRICULTURAL PURPOSES; see Railroad Law, $7. AGRICULTURAL PRODUCTS, CERTAIN NOTES GIVEN FOR, VOID; see Bills, etc., SS 33, 34.
SALE OF, ON COMMISSION; see Domestic Commerce Law, S 39. See also Agricultural Law; Corporations, § 2; Court Special Sessions, S 1, subd. 35; Membership Corporations Law, S 144; Tax Law, SS 4, 10, 182, 183.
AGRICULTURAL EXPERIMENT STATION. See New York Agricultural Experiment Station.
AGRICULTURAL LANDS. See Constitution, $ 7; Drainage, SS 40, 45. THE AGRICULTURAL LAW (BEING CHAP, 33 OF THE GENERAL Laws). Note.-- Under this chapter are consolidated provisions which formerly existed in widely
scattered acts on different subjects. Many provisions which applied only to particular subjects have been extended to all the matters covered by this chapter, and thereby
the provisions as to some subjects are new or materially changed. ART. I. GENERAL PROVISIONS. (SS 1-12)
II. Dairy PRODUCTS. (S$ 20–37)
V. MISCELLANEOUS PROVISIONS. (SS 80–91)
(As am'd L. 1895, c. 395, § 6)
ARTICLE I. ..
General Provisions. 1. Short Title. 2. Commissioner of Agriculture. 3. Power of Commissioner, his Assistants and Employes. 4. Expert Butter and Cheesemakers. 5. Annual Report. 6. Certificate of Chemist Presumptive Evidence. 7. Evidence; Principal's Liability for Acts of Agent. 8. Prosecution for Penalty. 9. Disposal of Fines and Moneys Recovered. 10. When Injunction may be Obtained. 11. When Prosecution shall not be compelled to Elect. 12. Inspection, how Conducted.
1 Short title. This chapter shall be known as the agricultural law. L. 1893, c. 338, § 1. New.
2 Commissioner of agriculture. There shall be a department of the state government known as the department of agriculture, which shall be charged with the execution of the laws relating to agriculture and agricultural products. The commissioner of agriculture shall be the chief of the department. The New York state dairy commissioner shall be the commissioner of agriculture until his successor shall be appointed and qualified. The commissioner of agriculture shall be appointed by the governor, by and with the advice and consent of the senate. His term of office shall be three years. He shall be paid an annual salary of four thousand dollars and his necessary expenses not to exceed five hundred dollars, incurred in the discharge of his official duties. He may appoint a director of farmers' institutes and such clerks and assistant commissioners and employ such
clerks, chemists, agents and counsel as he may deem necessary for the proper enforcement of such laws and the proper administration of the department, who shall receive such compensation as may be fixed by him and their necessary expenses. The compensation of his clerks, assistants and other persons employed by him and such necessary expenses shall be paid on his certificate by the treasurer on the warrant of the comptroller. All other charges, accounts and expenses of the department authorized by law shall be paid by the treasurer on the warrant of the comptroller, after they have been audited and allowed by the comptroller. The trustees of public buildings shall furnish suitable rooms for the use of the department in the new capitol. Id., $ 2. [Note.-- Revised from L. 1885, c. 183, & 12; L. 1884, c. 202, § 9. (See Birdseye's R. S.,
1st ed., p. 806.) Changes name, compensation, and term f office of commissioner.) 81 Hun, 137; 62 N. Y. St. R. 699; 85 Hun, 171.
2a Commissioner of agriculture, provisions applicable to. The provisions of law relating to the state dairy commissioner shall be applicable to the commissioner of agriculture, and references to provisions of law repealed by the agricultural law shall be construed to refer to the corresponding provisions of the agricultural law. L. 1893, c. 726, extract from § 1, p. 1840.
3 Powers of the commissioners,* his assistant and employes. The commissioner of agriculture, his clerks, assistants, experts, chemists, agents and counsel employed by him, shall have full access to all places of business, factories, farms, buildings, carriages, cars and vessels used in the manufacture, sale or transportation within the state of any dairy products or any imitation thereof, or of any article or product with respect to which any authority is conferred by this chapter on such commissioner. They may examine and open any package, can or vessel containing or believed to contain, any article or product, which may be manufactured, sold or exposed for sale in violation of the provisions of this chapter, and may inspect the contents therein, and take therefrom samples for analysis. L. 1893, c. 338, § 3. (Note.- Revised from L. 1885, c. 183, § 12, and L. 1884, c. 202, $ 9. (See Birdseye's R.
S., 1st ed., p. 807.) The words “ transportation" and " or believed to contain," new.
Otherwise there is no material change from the former law.] 81 Hun, 137; 62 N. Y. St. R. 699.
4 Expert butter and cheese makers. The commissioner of agriculture may appoint and employ not more than five expert butter and cheese makers, who shall, under his direction, examine and inspect butter and cheese factories and attend at agricultural fairs, societies and meetings designated by the commissioner, to impart thereat information as to the best and most improved method of making butter and cheese and improving the quality thereof. Id., § 4. [Note.- Revised from L. 1888, c. 298, § 1. (See Birdseye's R. S., 1st ed., p. 811.) With
ont material change.] 5 Annual report. The commissioner of agriculture shall make an annual report to the legislature on or before January fifteenth, of his work and proceedings for the year ending September thirtieth, next preceding which shall include a statement in detail of the number of assistant commissioners, chemists, experts, agents, and counsel employed under the provisions of this chapter during such year, and their compensation, expenses and disbursements; and also a statement in detail of the expenditures of moneys appropriated for the state agricultural society, the county agricultural societies and the New York agricultural experiment station; and other agricultural purposes and estimates of the amounts required for all such purposes for the ensuing year. He may require the state agricultural society and the county agricultural societies to make reports to him and prescribe the form of such reports. Id., & 5. Note.- Revised from L. 1885, c. 183, § 12. (See Birdseye's R. S., 1st ed., p. 806.) The
words“ for the year ending September thirtieth next preceding," new; also the pro
visions of the section after the words, “and also a statement in detail."} 6 Certificate of chemist presumptive evidence. Every certificate, duly signed and acknowledged, of a chemist, analyst or other expert employed by the com
* So in the original.
missioner of agriculture or any analysis, examination or investigation made by such analyst, chemist or expert with respect to any matter or product which the commissioner has authority to examine or cause to be examined, shall be presumptive evidence of the facts therein stated. L. 1893, c. 338, § 6. [Note.- Revised from L. 1885, c. 183, § 13. (See Birdseye's R. S., 1st ed., p. 807.) . Words “ or other expert employed by the commissioner of agriculture," new; also words “ examination or investigation." The word “presumptive" substituted for
“ sufficient."] 7 Evidence; principal's liability for act of agent. The doing of anything prohibited by this chapter shall be evidence of the violation of the provisions of this chapter relating to the thing so prohibited, and the omission to do anything directed to be done shall be evidence of a violation of the provisions of the chapter relative to the thing so directed to be done. The intent of any person doing or omitting to do any such act is immaterial in any prosecution for a violation of the provisions of this chapter. Any person who suffers, permits or allows any violation of the provisions of this chapter by his agent or servant or in any room or building occupied or controlled by him, shall be deemed a principal in such violation and liable accordingly. Id., $ 7. (Note.- Revised from L. 1884, c. 202, § 14; L. 1885, c. 183, & 17, and L. 1885, c. 458,
8 4. (See Birdseye's R. S., 1st ed., p. 808.) Provisions as to intent broadened to in
clude all violations of this chapter.) 8 Prosecution for penalties. Whenever the commissioner of agriculture shall know or have reason to believe that any penalty has been incurred by any person for a violation of any of the provisions of this chapter, or that any sum has been forfeited by reason of any such violation, he may cause an action or proceeding to be brought in the name of the people for the recovery of the same. Id., $ 8. [Note.- Revised from L. 1885, c. 183, part of $ 19. (See Birdseye's R. S., 1st ed., p. 808.)
Broadened to cover whole chapter. ] 85 Hun, 171.
9 Disposal of fines and moneys recovered. One-half of all moneys recovered, either as penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter, and from fines imposed as a punishment for any criminal offense committed in violation of the provisions of this chapter, or of the penal code relating to the punishment of criminal offenses committed in violation of the provisions of law for the prevention of frauds in the manufacture or sale of any of the articles or products to which this chapter relates, shall be paid by the court or the clerk thereof to the city or county where the recovery shall be had or fine collected, for the benefit of the poor of such city or county, except in the city and county of New York and the city of Brooklyn, where the same shall be paid to the proper authorities, and equally divided by them between the pension funds of the police and fire departments. The residue of such moneys shall be paid into the treasury of the state, and paid out by the treasurer, upon the warrant of the comptroller, for the purpose of defraying the expenses of the department of agriculture, audited by the comptroller. The same disposal shall be made of all moneys recovered upon any bond given by any officer by virtue of the provisions of this chapter. Id., $ 9. [Note.-- Revised from L. 1885, c. 183, § 15, and L. 1886, c. 577, § 4. (See Birdseye's R.
S., 1st ed., p. 807.) Substantially like old law but broadened to cover all of the
chapter.) 10 When injunctions may be obtained. In an action in the supreme court for the recovery of a penalty or forfeiture incurred for the violation of any of the provisions of this chapter an application may be made on the part of the people to the court or any justice thereof for an injunction to restrain the defendant, his agents and employes from the further violation of such provisions. The court or justice to whom such application may be made, shall grant such injunction on proof, by affidavit, that the defendant has been guilty of the violations alleged in the complaint, or of a violation of any such provision subsequent to the commencement of the action, and in the same manner as injunctions are usually granted under the rules and practice of the court. No security on the part of