money to pay said bonds, as they shall fall due, and interest thereon shall be raised in the same manner as money is raised for other fire purposes for said village. No portion of said bonds shall be issued to provide money for any other purpose, nor shall the proceeds of the sale of any of said bonds be used for any other purpose than is herein provided. § 2. This act shall take effect immediately. CHAP. 407. AN ACT to prevent the adulteration of food or drugs. PASSED May 28, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ed food SECTION 1. No person shall, within this state, manufacture, have, Sale of offer for sale, or sell any article of food or drugs which is adulterated adulteratwithin the meaning of this act, and any person violating this provision and drugs shall be deemed guilty of a misdemeanor, and, upon conviction there- prohibof, shall be punished by fine not exceeding fifty dollars for the first offense, and not exceeding one hundred dollars for each subsequent offense. ited. § 2. The term "food," as used in this act, shall include every article Terms used for food or drink by man. The term "drug," as used in this act, and shall include all medicines for internal or external use. § 3. An article shall be deemed to be adulterated within the meaning of this act A. In the case of drugs. 1. If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein. 2. If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on Materia Medica, it differs materially from the standard of strength, quality, or purity laid down in such work. 3. If its strength or purity fall below the professed standard under which it is sold. B. In the case of food or drink. "food" "drug" defined. When deemed to be adulterated. 1. If any substance or substances has or have been mixed with it so Ibid. as to reduce or lower or injuriously affect its quality or strength. 2. If any inferior or cheaper substance or substances have been substituted wholly or in part for the article. 3. If any valuable constituent of the article has been wholly or in part abstracted. 4. If it be an imitation of or be sold under the name of another article.. 5. If it consists wholly or in part of a deceased or decomposed, or putrid or rotten, animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the produce of a diseased animal. 6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value. State board of health may declare certain articles exempt. To publish list of articles exempt. Duty of state board of health. 7. If it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of a person consuming it; provided, that the state board of health may, with the approval of the governor, from time to time declare certain articles or preparations to be exempt from the provisions of this act; and provided further, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, provided that the same are not injurious to health and that the articles are distinctly labeled as a mixture, stating the components of the mixture. § 4. It shall be the duty of the state board of health to prepare and publish from time to time, lists of the articles, mixtures or compounds declared to be exempt from the provisions of this act in accordance with the preceding section. The state board of health shall also from time to time fix the limits of variability permissible in any article of food or drug, or compound, the standard of which is not established by any national pharmacopoeia. § 5. The state board of health shall take cognizance of the interests of the public health as it relates to the sale of food and drugs and the adulteration of the same, and make all necessary investigations and inquiries relating thereto. It shall also have the supervision of the appointment of public analysis and chemists, and upon its recommendation whenever it shall deem any such officers incompetent, the appointment of any and every such officer shall be revoked and be held to be void and of no effect. Within thirty days after the passage of this act, the state board of health shall meet and adopt such measures as may seem necessary to facilitate the enforcement of this act, and prepare rules and regulations with regard to the proper methods of collecting and examining articles of food or drugs, and for the appointment of the necessary inspectors and analysts; and the state board of health shall be authorized to expend, in addition to all sums already appropriated for said board, an amount not exceeding ten thousand dollars for the purpose of carrying out the provisions of this Appropria- act. And the sum of ten thousand dollars is hereby appropriated out of ny moneys in the treasury, not otherwise appropriated, for the purposes in this section provided. tion. Samples to be fur analysis. 6. Every person selling or offering or exposing any article of food nished for or drugs for sale, or delivering any article to purchasers, shall be bound to serve or supply any public analyst or other agent of the state or local board of health appointed under this act, who shall apply to him for that purpose, and on his tendering the value of the same, with a sample sufficient for the purpose, of analysis of any article which is included in this act, and which is in the possession of the person selling, under a penalty not exceeding fifty dollars for a first offense, and one hundred dollars for a second and subsequent offenses. Violations of this act a misdemeanor. Regula tions to be printed in § 7. Any violation of the provisions of this act shall be treated and punished as a misdemeanor; and whoever shall impede, obstruct, hinder, or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty shall be guilty of a misdemeanor, and shall be liable to indictment and punishment therefor. § 8. Any act or parts of acts inconsistent with the provisions of this act are hereby repealed. § 9. All the regulations and declarations of the state board of health made under this act, from time to time and promulgated, shall be statutes at printed in the statutes at large. large. § 10. This act shall take effect at the expiration of ninety days after it shall become a law. CHAP. 408. AN ACT to amend chapter two hundred and thirty-five of the laws of eighteen hundred and eighty, entitled "An act in relation to the payment of costs on arrests, trial and punishment for crimes and misdemeanors in villages, and in relation to the civil jurisdiction of police justices therein." PASSED May 28, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter two hundred and thirty-five of the laws of eighteen hundred and eighty, entitled "An act in relation to the payment of costs on arrests, trial and punishment for crimes and misdemeanors in villages, and in relation to the civil jurisdiction of police justices therein," is hereby amended so as to read as follows: in county, when con § 2. In all cases of imprisonment of persons charged with the com- Imprisonmission of any offense, or under sentence on conviction of any offense, ment to be within the jurisdiction of any police court of such village, such im- except prisonment shall be in the county where such offense was actually tract has committed, except where the board of supervisors of any county, where been made such convictions are had, shall have made a contract with any penal institution institution, or the authorities thereof, for the imprisonment and for impris maintenance of persons convicted by police courts of such villages. convicts. § 2. This act shall take effect immediately. CHAP. 409. AN ACT to amend chapter fifty-seven of the laws of eighteen hundred and eighty-one, entitled "An act to amend chapter thirty-three of the laws of eighteen hundred and sixty-two, entitled An act to amend the several acts incorporating the village of Fulton in the county of Oswego," as amended by chapter three hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled' An act to amend the several acts incorporating the village of Fulton in the county of Oswego. PASSED May 28, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: with penal onment of SECTION 1. Section one of chapter fifty-seven of the laws of eighteen Acts hundred and eighty-one, entitled "An act to amend chapter thirty-three amended, of the laws of eighteen hundred and sixty-two, entitled 'An act to amend the several acts incorporating the village of Fulton in the county of Oswego,'" as amended by chapter three hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled An act to amend the several acts incorporating the village of Fulton in the county of Oswego,"" is hereby amended so as to read as follows: Section four of chapter thirty-three Village <officers. Official oath. tion. of the laws of eighteen hundred and sixty-two, entitled "An act to amend the several acts incorporating the village of Fulton in the county of Oswego," as amended by chapter three hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled 'An act to amend the several acts incorporating the village of Fulton in the county of Oswego,"" is hereby further amended so as to read as follows: § 4. The officers of said village shall consist of a president, six trustees, a police justice, three assessors, a collector, a treasurer, a clerk, a street commissioner, a surveyor, a jailer, one or more policemen, and such subordinate officers as are authorized by this act, or by the general laws. § 2. Section three of said act is hereby amended so as to read as follows: § 3. Section nine of said act is hereby amended so as to read as follows: § 9. All the officers elected or appointed under this act must each, before entering upon the duties of his office, take the oath of office Compensa prescribed by the constitution. The president and trustees shall render service without compensation. The assessors shall be paid such compensation as the trustees may prescribe, not exceeding the per diem allowance paid to town assessors for similar services. The compensation of the treasurer, clerk, street commissioner and surveyor shall be determined by the board of trustees, and paid out of the general fund. The omission of any officer to take the oath of office, or where security is required, to give such security, and file such oath and security with the clerk within eight days after an election or appointment, shall be deemed a refusal to take the office. § 3. Section six of said act is hereby amended so as to read as follows: Trustees § 6. Subdivision number nine and subdivision number fifteen of section twenty-eight of said act are hereby amended so as to read as follows: 9. To fix the compensation of the assessors, treasurer, street comto commissioner, clerk, and surveyor at sums not exceeding those limited of assess by this act. pensation ors, etc. To direct manner of, and mate rial to be used in constructing cross 15. To direct the manner and determine the material to be used in the construction and repairing of crosswalks, and to cause the sidewalks on the streets and highways, within the said village, or any or either of them, or any part thereof, to be graded, leveled, raised, amended, graveled, stoned, paved, flagged, planked, and repaired, and walks, etc. to compel the owners or occupants of any lands, lots or premises adjoining such streets or highways, to make such improvements upon the sidewalks as aforesaid, in front of or adjoining said lands, lots or premises, and to determine and prescribe the manner of doing the same, and the materials to be used therein, and the quality or kind of such materials, and in case the owner or owners, occupant or occupants of any such lands, lots or premises shall neglect or refuse to complete the said required improvements within such reasonable time as shall be required by the trustees, the said trustees may cause such improvements to be made or completed, and the expense thereof may be by them assessed upon such owner or owners so neglecting or refusing and upon such lands, lots or premises, and be collected by warrant, in the manner and to the extent prescribed by section forty-four of this act. 4. This act shall take effect immediately. CHAP. 410. AN ACT to amend chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled "An act to incorporate the city of Lockport," and the acts amendatory thereof. PASSED May 28, 1881; 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 of title two of chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled "An act to incorporate the city of Lockport," and the acts amendatory thereof, is hereby amended so as to read as follows: officers. be elected § 1. Hereafter the officers of said city shall consist of one mayor, City one city clerk, one police justice, one city surveyor, one city attorney, one city treasurer and tax receiver, one chief of police, eight policemen, one overseer of the poor, one superintendent of streets, one chief engineer of the fire department and two assistant engineers of the same, one fire marshal, one city physician and three assessors. There shall be also the following officers in each ward: Two aldermen, one supervisor, three inspectors of election, one constable, one fire warden, together with such other city and ward officers as hereinafter mentioned. The mayor, police justice, treasurer and tax receiver, and Officers to overseer of the poor, shall be elected on a general ballot, to be voted by ballot. for by all the electors of said city as hereinafter provided. The supervisor, aldermen, inspectors of election, and constables in each ward of said city shall be elected by the electors of such ward on one ballot, at each annual city election. The officers of said city, whose election Officers to or appointment is not herein otherwise provided for, shall be appointed pointe by the common council, on the nomination of the mayor, by a vote of not less than one-half of all the aldermen elected, if they concur in his nomination, and if not, they shall appoint on the nomination of any other member of the common council, and a vote of a majority of the aldermen present shall be required to confirm such nomination. § 2. Section twenty-eight of said title two is hereby amended so as to read as follows: be ap § 28. The term of office of each and every of the assessors now Assessors, holding in and for each and every of the wards of said city shall cease, term of, expire and terminate on the thirty-first day of December, in the year etc. eighteen hundred and eighty-one, and in case of any vacancy occurring, in the office of assessor of any ward before the thirty-first day of December, eighteen hundred and eighty-one, the common council shall, at its next meeting thereafter, appoint, as provided in section one of this title, an assessor to fill such vacancy, who shall hold until the thirty-first day of December, eighteen hundred and eighty-one, when his term of office shall cease, expire and terminate. In the month of December, in the year eighteen hundred and eighty-one, the common council shall appoint, as provided in section one of this title, three assessors, one of whom shall hold office for one year from the first day of January, eighteen hundred and eighty-two, one of whom shall hold office for two years from the first day of January, eighteen hundred and eighty-two, and one of whom shall hold office for three years from the first day of January, eighteen hundred and eighty-two; and in |