. XXXIII 408d, 408e 5 of which is two hundred pounds or upwards, or more 6 than ten pounds of wood for bales weighing less than 7 two hundred pounds; or, 8 2. Sells or offers for sale any bale of hay or straw upon 9 which the correct gross weight shall not be plainly 10 marked, and which shall weigh less than such gross 11 weight after deducting five pounds from such bale for 12 shrinkage, 13 Is guilty of a misdemeanor. 1 2 § 408d. Adulteration of vinegar.-A person who either, 1. Manufactures, produces, sells, keeps for sale or 3 offers for sale any vinegar not having an acid equivalent 4 to the presence of at least four and one-half per cent 5 of absolute acetic acid or any cider vinegar having less 6 than such amount of acetic acid, or less than two per 7 cent by weight of cider vinegar solids upon full evapora8 tion over boiling water, 9 2. Manufactures, produces, sells, keeps for sale or 10 offers for sale any vinegar or product or imitation or 11 semblance of cider vinegar which is not cider vinegar, 12 3. Sells, keeps for sale, or offers for sale, as or for 13 cider vinegar, or vinegar or product which is not cider 14 vinegar, 15 4. Manufactures, produces, sells, keeps for sale or 16 offers for sale any vinegar containing any proportion of 17 lead, copper, sulphuric acid or other ingredients injuri18 ous to health, or any artificial coloring matter, 19 5. Being a manufacturer or producer of cider vinegar, 20 does not plainly brand on each head of every cask, bar21 rel, keg or other package containing such vinegar, his 22 name and place of business, and the words "cider vine23 gar"; or, 24 6. Labels or brands, as or for, cider vinegar, any pack25 age containing vinegar which is not cider vinegar, 26 Is guilty of a misdemeanor. 1 $408e. Neglect to destroy diseased colonies of bees.- A 2 person who neglects to destroy or cause to be destroyed 3 any hive of bees and their contents, actually diseased or 4 infected with foul brood, by burying them or by fire, 5 when duly notified so to do by an assistant commissioner 6 of agriculture, is guilty of a misdemeanor. 1 R. S., 2406, L. 1887, ch. 403, §§ 6, 8. § 408f. Violation of regulations for the prevention of 2 diseases among domestic animals.- A person who disre3 gards, disobeys or violates any proclamation, notice, 4 order or regulation lawfully issued or prescribed by the 5 commissioner of agriculture for the prevention or spread 6 of infectious or contagious diseases among domestic 7 animals, is guilty of a misdemeanor. 1 R. S., 2404, L, 1878, ch. 134, § 3. $408g. Neglect to destroy diseased peach trees.- A person 2 who neglects to remove and destroy or cause to be 3 removed and destroyed any peach, almond, apricot or 4 nectarine tree infected with a contagious disease known 5 as yellows, or any fruit of any such infected tree when 6 lawfully notified so to do by the assistant commissioner 7 of agriculture, is guilty of a misdemeanor. R. S., 2407, L. 1887, ch. 403, § 6. 1871 LAWS TO BE REPEALED. ARTICLE FIRST. OF THE INSPECTION OF FLOUR AND MEAL. [This article related to official and compulsory inspection, except the following sections.] Page 1423. Section 60 of Revision. § 3. All wheat flour, rye flour, Indian meal, or buckwheat meal. manufactured for exportation in this state, shall be packed in good and strong casks, made of seasoned oak, or other sufficient timber. and hooped with at least ten hoops, three of which shall be on each chime, and properly nailed. Page 1423. Section 61 of Revision. § 4. The casks shall be of two sizes only; one size shall contain one hundred and ninety-six pounds of flour or meal, with staves of twentyseven inches long, and each head sixteen and one-half inches in diaméter; the other size shall contain ninety-eight pounds, with staves twenty-two inches long, and each head fourteen inches in diameter, or with staves twenty-seven inches long, and each head not more than twelve inches in diameter, but Indian meal may likewise be packed in hogsheads, which shall contain eight hundred pounds. Page 1423. Section 62 of Revision. § 5. The casks shall be made as nearly straight as may be, and their tare shall be marked on one head with a marking iron; they shall likewise be branded with the weight of the flour and meal contained therein, and with the initials of the Christian name and the surname of the manufacturers thereof, at full length, except hogsheads of Indian meal, on which the weight only shall be branded. [See L. 1833, ch. 261.] Page 1423. Section 63 of Revision. § 6. Every such cask of wheat flour, shall be branded as follows: If of a very superior quality, "extra superfine;" if of a quality now branded "superfine," with the word "superfine;" if of a third quality, "fine;" if of a fourth quality, "fine middlings;" if of a fifth quality, "middlings;" if of a sixth quality, "ship stuffs." Page 1423. Section 64 of Revision. § 7. Each cask of rye flour intended for the first quality, shall be branded with the words "superfine rye flour;" and each cask intended for second quality, with the words "fine rye flour." Page 1424. Section 65 of Revision. § 8. Each cask of Indian meal shall be branded with the words "Indian meal;" and each cask of buckwheat meal, with the letter and the word "B. meal." Page 1424. Sections 66-70 of Revision. § 17. Every person knowingly offering for sale any cask of flour or meal, upon which the tare shall be undermarked, or in which there shall be a less quantity of meal than is branded thereon, shall forfeit five dollars for every cask so undermarked, or deficient, one-half to the use of the person who shall be injured and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city or town where the recovery shall be had. Page 1424. Sections 66-70 of Revision. § 18. Every manufacturer of flour or meal, who shall undermark the tare of any cask, or shall put therein a less quantity of meal than is branded thereon, shall forfeit the sum of five dollars for every cask so undermarked, or deficient, one-half to the use of the person who shall be injured, and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city or town where the conviction shall be had; but such penalty shall not be recovered when the light weight shall appear to have been occasioned by some accident unknown to such manufacturer, and which happened after the packing of the cask. Page 1424. Sections 67-70 of Revision. § 21. Every person who shall alter or counterfeit any brand marks, whether state or private, made under the provisions of this article, shall forfeit the sum of one hundred dollars for every cask, the brand of which shall be so altered or counterfeited; and every person who shall put any flour or meal in an empty cask, branded by an inspector, and offer the same for sale in such cask, without first cutting out the brands, shall, for each cask forfeit the sum of five dollars. Page 1424. Section 68 of Revision. § 22. Every person who shall knowingly offer for sale as good wheat flour, any flour which shall be found to contain a mixture of Indian meal, or any other mixture, or any unsound flour, shall forfeit for every cask the sum of five dollars; and for the payment of this penalty, the flour shall be liable, and may be seized and sold by the inspector. Page 1424. Sections 69-70 of Revision. § 23. Every person having charge of any vessel, who shall transport into the city of New York any Indian meal upon the deck of the vessel, shall forfeit twenty cents for every barrel, and eighty cents for every hogshead of such meal. ARTICLE SECOND. OF THE INSPECTION OF BEEF AND PORK. [This article, except the following sections, related to official and compulsory inspection.] Page 1425. Section 80 of Revision. § 36. All barrels in which any beef or pork shall be repacked shall be made of good seasoned white oak or white ash staves and heading, free from every defect; and each barrel shall contain two hundred pounds of beef or pork. Page 1425. Section 80 of Revision. § 37. Such barrels shall measure seventeen and a half inches, between the chimes, and be twenty-eight inches long, and hooped with twelve good hickory, white oak, or other substantial hoops; if the barrel be made of ash staves, it shall be hooped with fourteen hoops, at least. Page 1425. Section 80 of Revision. § 38. Such staves and heads shall be made of good thick stuff, the heads not less than three-quarters of an inch thich; and each and every stave, on each edge, at the bilge, shall not be less than half an inch thick when finished. Page 1425. Section 80 of Revision. § 39. Such hoops shall be well set and drove, and the barrels branded on the bilge with at least the initial letters of the cooper's name; the half barrels shall contain not less than fifteen nor more than sixteen gallons, and be made in proportion to and of like materials as a whole barrel, and shall contain one-half the quantity of beef and pork of the whole barrel. |