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CHAPTER 59

AN ACT to amend the county law, in relation to compensation of supervisors

of Dutchess and Orange counties.

Became a law March 3, 1925, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

1

L. 1909, ch. 16, $ 23, subd. 5 amended.

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Section 1. Subdivision five of section twenty-three of chapter sixteen of the laws of nineteen hundred and nine, entitled “An act in relation to counties, constituting chapter eleven of the consolidated laws," as last amended by chapter three hundred and three of the laws of nineteen hundred and twenty, is hereby amended to

read as follows:
Salary and 5. In the counties of Dutchess and Orange each supervisor

shall receive an annual salary from the county of four hundred
dollars, and also mileage at the rate of ten cents per mile
for going and returning, once in each week during the annual
or quarterly session of the board of supervisors; and when
the board is sitting as a board of county canvassers, by the

most usually traveled route, from his residence to the place where Per diem, the sessions of the board shall be held; and in addition thereto com

pensation at the rate of six dollars per day and mileage as herein-
above provided for each special session of the board which he
attends, and for each day while actually engaged in any investiga-
tion committee work or other duty which shall be lawfully com-
mitted to him by said board, and his actual expenses while in the
discharge of his duty on said committee; such compensation and
mileage to be paid by the county treasurer on the last day of the
annual session in each year.

§ 2. This act shall take effect immediately.

mileage and expenses while en

gaged in

special duties.

CHAPTER 60

AN ACT to amend the farms and markets law, in relation to weights and

measures.

Became a law March 3, 1925, with the approval of the Governor. Passed,

three-fifths being present.

L. 1922,
cb. 48,
$ 180
amended.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and eighty of chapter fortyeight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws,'' is hereby amended to read as follows:

1 Formerly “ two hundred and fifty dollars.”

$ 180. Duties of commissioner in relation to weights and measures. The commissioner shall take charge of the standards adopted by this article as the standards of the state; cause them to be kept in the principal office of the department in the city of Albany, from which they shall not be removed, except for repairs or for certification, and take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order and shall submit them once in ten years to the national bureau of standards for certification. He shall correct the standards of the several cities and counties and, as often as once in five years, compare the same with those in his possession, and shall keep a record of the same, and where not otherwise provided by law he shall have a general supervision of the weights, measures and measuring and weighing devices 2sold or offered for sale in the state or in use in the state. He shall upon the written request of any citizen, firm, corporation or educational institution of the state, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in the state. He shall from time to time cause to be tested all weights and measures, and weighing and measuring devices used in checking the receipt or disbursement of supplies in every state institution and report in writing! to the executive officer of the institution concerned; and at the request of said officers the commissioner shall appoint in writing one or more employees, then in actual service, of each institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state and take receipt for the same from his successor in office. The commissioner shall inspect all standards used by the counties or cities at least once in two years and shall keep a record of the same. He shall as often as he shall deem necessary visit the various cities and counties of the state in order to inspect the work of the local sealers and in the performance of his duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. He shall establish amounts of tolerance, or reasonable variations allowable for weights, measures and weighing and measuring devices, and shall issue instructions to the county and city sealers and these shall be binding upon and govern said sealers in the discharge of their duties.

§ 2. This act shall take effect immediately.

1 Words “ the principal office of the department in the city of Albany,” substituted for words a fireproof building belonging to the state.”

2 Remainder of sentence formerly read: of the state, and offered for sale, hire, award, or sold or in use in the state.”

3 Words " from time to time cause to be tested,” substituted for words “ at least once annually test."

4 Words “his findings omitted.

5 Words as often as he shall deem necessary," substituted for words“ at least once in two years."

L. 1914, ch. 369,

4:0 amended

CHAPTER 61
AN ACT to amend the banking law, in relation to the amendment of by-laws

of a savings and loan association.
Became a law March 3, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senute and Assembly, do enact as follows:

Section 1. Section four hundred and ten of chapter three hundred and sixty-nine of the laws of nineteen hundred and fourteen, entitled “An act in relation to banking corporations, and indi. viduals, partnerships, unincorporated associations and corpora. tions under the supervision of the banking department, constituting chapter two of the consolidated laws,” is hereby amended to read as follows:

§ 410. Amendment of by-laws; review of superintendent's refusal to approve by-laws.

1. The by-laws of any savings and loan association may be altered or amended from time to time, provided such alterations or amendments shall have first received the written approval of the superintendent of banks and shall thereafter have been 'posted in a conspicuous place in the office of the association for thirty days and shall thereafter be duly adopted at a meeting of the directors; and a copy of such alterations and amendments shall have been filed in the office of the superintendent of banks within thirty days after such adoption.

2. Any association deeming itself aggrieved by the refusal of the superintendent of banks to give his written approval of proposed alterations or amendments of the by-laws, may, upon notice to the superintendent, apply to any justice of the supreme court of the district wherein the office of such association is located, for a review of such refusal. The court may review the superintendent's decision, upon such evidence as may be presented, and may affirm or reverse the same in whole or in part and may approve any or all of the proposed alterations or amendments. Any alteration or amendment approved by such court may be adopted by the association at a meeting of its directorsand a copy thereof, if adopted, shall be filed in the office of the superintendent, as prescribed in subdivision one of this section.

$ 2. This act shall take effect immediately.

1 Remainder of subd. 1 materially amended.
Word directors” substituted for word

66

shareholders."

CHAPTER 62

AN ACT to amend the farms and markets law, in relation to license fees for

commercial fertilizers.

as

Became a law March 3, 1925, with the approval of the Governor. Passed,

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 hundred and forty-five of chapter forty- L. 1922, eight of the laws of nineteen hundred and twenty-two, entitled on 14.5 An act in relation to farms and markets, constituting chapter amended. sixty-nine of the consolidated laws,” is hereby amended to read as follows:

§ 145. Statement filed with commissioner; license fees. Before any manufacturer, firm, association, corporation or person shall sell, offer or expose for sale, in this state any commercial fertilizer or material to be used as a fertilizer, he or they shall, for each and every brand of commencial fertilizer or materials to be used as a fertilizer, file annually, prior to the sale, offer or exposure for sale with the commissioner a certified copy of the statement with the exception of the net weight of the package specified in section one hundred and forty-three of this article. Every manufacturer, firm, association, corporation or seller of any commercial fertilizer or material to be used a fertilizer shall pay annually prior to the sale, offer or exposure for sale, to the commissioner for remittance to the state treasurer license fee of twenty dollars for each and every brand to be sold, offered or exposed for sale. Whenever a manufacturer, firm, association, corporation or seller of any commercial fertilizer or material to be used as a fertilizer, desires at any time to sell such commercial fertilizer or such material and has not complied with the requirements of the statute, he or they shall before selling, offering or exposing the same for sale, comply with the requirements as herein provided. Said treasurer shall in each case at once certify to the commissioner the payment of such license fee. Each manufacturer, firm, association, corporation or seller who has complied with the provisions of this article shall be entitled to receive a certificate from the commissioner setting forth said facts. Such certificate shall expire on the thirty-first day of December of the calendar year for which it was issued, but no such certificate shall be issued for the sale of a brand of commercial fertilizer or material to be used as a fertilizer under a brand or trade name, or with any information or statement accompanying same, which is misleading or deceptive or tends to mislead or deceive as to its quality or the constituents or materials of which it is composed. Any such certificate so issued may be cancelled by the commissioner when it is shown that any statement upon which it was issued is false

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new.

i Words “commissioner for remittance to the state " 2 Words “ of the state of New York omitted.

or misleading. Whenever a manufacturer, firm, association, corpo-
ration or person shall have filed the statement and paid the license
fee as prescribed in this section, no agent, seller or retailer of such
brand shall be required to file such statement or pay such fee
upon said brand during the year for which licensed, nor upon such
goods so licensed remaining unsold in subsequent years which
were purchased during the year for which it was licensed. For the
purposes of this article, commercial fertilizers or materials to be
used as a fertilizer, shall be considered as distinct and separate
brands when differing either in guaranteed analysis, name, brand
or trade mark or in any other method of marking.

§ 2. This act shall take effect immediately.

2

CHAPTER 63

L. 1922, ch. 48,

133 amended.

AN ACT to amend the farms and markets law, in relation to license fees for

concentrated commercial feeding stuffs.
Became a law March 3, 1925, with the approval of the Governor. Passed,

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 hundred and thirty-three of chapter
forty-eight of the laws of nineteen hundred and twenty-two, en-
titled "An act in relation to farms and markets, constituting chap-
ter sixty-nine of the consolidated laws," as amended by chapter
four hundred and eleven of the laws of nineteen hundred and
twenty-four, is hereby amended to read as follows:

§ 133. License fee. Every manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs shall pay annually prior to the sale, offer or exposure for sale, to the commissioner for remittance to the statetreasurera a license fee of twenty-five dollars for each and every brand to be sold, offered or exposed for sale, except that the license fee shall be ten dollars for each and every brand offered or exposed for sale upon the following concentrated commercial feeding stuffs, pure rye middlings, pure rye bran, pure rye mixed feed, pure buckwheat middlings, pure buckwheat feed and corn feed meal. Whenever a manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs desires at any time to sell such material and has not complied with the requirements of the statute he shall before selling, offering or exposing the same for sale, comply with the requirements as herein provided." Each manufacturer, importer or person who

person who has complied with the provisions of this article shall be entitled to receive certificate from the commissioner setting forth

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new.

1 Words « commissioner for remittance to the state
2 Words “ of the state of New York” omitted.

3 Sentence omitted which read: “ Said treasurer shall in each case at once
certify to the commissioner the payment of such license fee.”

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