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Art. X, § 5; Art. XIV, § 1.

Oath of office; amendments.

money and contracting of debts, so as to prevent abuses in assessments and in contracting debt, it cannot take away those local rights of self-government which the municipal corporation enjoyed when the present Constitution was adopted. People ex rel. Town of Pelham v. Village of Pelham (1915), 215 N. Y. 374, revg. 166 App. Div. 779, 152 N. Y. Supp. 1137.

Provisions of Westchester County Tax Act (L. 1914, ch. 510), which take away from incorporated villages their rights to assess and levy taxes, are unconstitutional and void. People ex rel. Town of Pelham v. Village of Pelham (1915), 215 N. Y. 374.

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Vacancies in the office of school director may be filled by the Town Board, in accordance with section 130 of the Town Law. Atty. Gen'l. Opin. 6 State Dep. Rep.

425 (1915).

Art. XIII, § 1. Oath of office.

Defective oath by superintendent of highways, failure to state that he has not directly or indirectly paid moneys or property to electors as a consideration for giving or withholding votes at the election. People ex rel. Preston v. Keator (1915), 169 App. Div. 368, 154 N. Y. Supp. 1007.

Art. XIV, § 1. Amendments to constitution.

The provision of this section as to the publication and submission of proposed amendments, is not self executing, and imposes upon the Legislature the duty of directing how and when they shall be submitted. A bill passed by the Legislature directing that amendments be referred to another Legislature, is unconstitutional and the Secretary of State has no authority thereunder to publish or submit to the people such amendments. Atty. Genl. Opin. (1915), 4 State Dep. Rep. 535.






See Creditors' Actions; Surrogates' Courts; Appeals.

Code of Civil Procedure.

$390. Action against a nonresident, upon a demand barred by the law of his residence.-Where a cause of action, which does not involve the title to or possession of real property within the state, accrues against a person, who is not then a resident of the state, an action cannot be brought thereon in a court of the state, against him or his personal representative, after the expiration of the time, limited, by the laws of his residence, for bringing a like action, provided that if the limitation of the time fixed by the laws of his residence for bringing such action be less than the time fixed by the laws of this state for a like action, the limitation fixed by the laws of this state shall apply. This section shall not apply to a case in which a person is entitled, when this section as amended takes effect, to commence such action, where he commences the same before the expiration of six months after this section as amended takes effect; in which case the provisions of law applicable thereto immediately before this section as amended takes effect shall continue to be so applicable, notwithstanding the repeal thereof. (Amended by L. 1916, ch. 536, in effect May 15, 1916.)


Execution against decedent's property. See Executions. Generally, see Surrogates' Courts.


Requisites of voluntary, Domestic Relations L., §,112.


(L. 1909, ch. 9.)

§ 2. Commissioner of agriculture.-There shall be a department of the state government known as the department of agriculture, which shall

§§ 5,35a.

Annual report; milk tests.

L. 1916, ch. 118.

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 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 not to exceed eight thousand dollars and his necessary expenses incurred in the discharge of his official duties. He may appoint two deputy commissioners of agriculture, a director of farmers' institutes and appoint or employ such clerks, chemists, agents, counsel and other employees 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, in cases where it is not otherwise fixed, and their necessary expenses. The compensation of his deputies, clerks, and other persons appointed or 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. (Amended by L. 1909, ch. 580, L. 1913, ch. 345, L. 1914, ch. 96, and L. 1916, ch. 386, in effect May 2, 1916.)

§ 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 June 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. (Amended by L. 1916, ch. 118, § 27, in effect Apr. 3, 1916.)

§ 35-a. Fat tests of composite samples of milk.-Corporations, associations or persons hereafter buying milk from producers of milk to be paid for on the basis of the percentage of milk fat contained therein and for that purpose taking samples therefrom to form a composite sample to be tested periodically to determine its value on such basis, shall, at the request of the producer, take such samples in duplicate and subject them to the same treatment. At the end of the period for which the composite sample is being taken such corporation, association or person shall tender same to the producer thereof or to his authorized agent and give such pro

L. 1916, ch. 216.

Registry of branded cans; condensed milk.

§§ 36a, 37.

ducer, or his said authorized agent, the choice of one of the two composite samples so taken. Such producer is hereby permitted to send such duplicate composite sample so received to the head of the department of dairy industry of the college of agriculture at Cornell University within ten days from the receipt thereof, properly marked for identification, and shall accompany same with his name and post-office address. Such department head shall cause such sample to be tested for the per centum of milk fat and shall send a report of such test to the producer from whom it was received within ten days, or as soon thereafter as possible. All tests made shall be by some person licensed by the commissioner of agriculture to make such tests, which said license shall be revocable by said commission er of agriculture upon evidence of incompetency or inaccuracy. (Aclded by L. 1916, ch. 219, in effect Apr. 15, 1916.)

§36-a. Registry of branded cans.-Any person owning milk cans, jars or bottles upon which he has placed or desires to place any designating mark may register the said designating mark with the commissioner of agriculture, who shall keep a record thereof, and he may also register with the commissioner of agriculture, from time to time, the number of such cans, jars or bottles which he has or is to have, which do or may bear such designating mark. Such cans, jars or bottles shall, after being registered, be numbered consecutively and such consecutive numbers shall be registered in the department of agriculture, as above provided, with the designating mark. If any such can, jar or bottle, bearing such designating mark and one of the numbers in the serial shall be found in the possession of, and being used by any person other than the one so registering the same it shall be presumptive evidence of a violation of the provisions of the agricultural law, unless such person has the consent of the owner thereof to so have and use the same.

No person, except the original owner thereof, or a person duly authorized by him so to do, shall remove, deface or erase any of the marks upon the cans, jars or bottles herein provided for.

When the commissioner of agriculture, or any person duly authorized by him, shall find any such cans, jars or bottles, bearing the designating mark and number provided for, in the possession of or being used by another person than the owner thereof, he may seize the same, and if evidence is not produced in three days showing that such person had been given permission to have or use such cans, jars or bottles, then they shall be delivered by the commissioner of agriculture, or his agents, to the person from whom taken, otherwise the commissioner of agriculture shall notify the owner of such cans, jars or bottles that he has the same and upon application deliver the same to such owner. (Added by L. 1916, ch 216, in effect Apr. 15, 1916.)

§ 37. Regulations in regard to evaporated or condensed milk.-No evaporated or condensed milk shall be made or offered or exposed for sale

§ 52.


L. 1916, ch. 384.

or exchange unless manufactured from pure, clean, healthy, fresh, unadulterated and wholesome milk from which the cream has not been removed either wholly or in part, or unless the proportion of milk solids shall be in quantity the equivalent of eleven and one-half per centum of milk solids in crude milk, and of which solids twenty-five per centum shall be fats. No person shall manufacture, sell or offer for sale or exchange in hermetically sealed cans, any condensed milk unless put up in packages upon which shall be distinctly labeled or stamped the name of the person or corporation by whom made and the brand by which or under which it is made. When evaporated or condensed milk shall be sold from cans or packages not hermetically sealed, the producer shall brand or label the original cans or packages with the name of the manufacturer of the milk contained therein, provided, however, that unsweetened evaporated or condensed milk, sold or offered for sale in containers not hermetically sealed, shall contain at least ten per centum of milk fats. (Amended by L. 1911, ch. 608, and L. 1916, ch. 144, in effect Apr. 6, 1916.)

§ 52. Penalties.-Every person violating any of the provisions of this chapter, shall forfeit to the people of the state of New York the sum of not less than fifty dollars nor more than one hundred dollars for the first violation and not less than one hundred dollars nor more than two hundred dollars for the second and each subsequent violation. When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange shall constitute a separate violation. If the sale be of milk and it be in cans, bottles or containers of any kind and if the milk in any one of such containers be adulterated, it shall be deemed a violation whether such vendor be selling all the milk in all of his containers to one person or not. When the use of any such article or substance is prohibited, each day during which or any part of which said article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. Whoever by himself or another violates any of the provisions of articles three, four, six, eight and nine or sections three hundred fourteen and three hundred fifteen of this chapter or of sections one hundred six, one hundred seven and one hundred eight of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months or by both such fine and imprisonment, for the first offense;

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