EXECUTIVE LAW-EXECUTORS AND ADMINISTRATORS. L. 1920, ch. 429. Commissioners of deeds. 695 § 106. § 106. Commissioners of deeds within the state.-Commissioners of deeds in the cities of this state shall be appointed by the common councils of such cities respectively, and shall hold office for the term of two years from the date of their appointment, and until others are appointed in their places. A vacancy occurring during the term for which any commissioner shall be appointed, shall be filled by the common council. The common councils of the several cities of this state, except in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall, at the end of every even numbered year, by resolution of the board, determine the number of commissioners of deeds to be appointed for such cities respectively. The term of office of each commissioner of deeds appointed by the common council in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall expire on the thirty-first of December of the even numbered year next after he shall be appointed. The common council of any such city shall in the month of November in every even numbered year, by resolution, determine the number of commissioners of deeds to be appointed in such cities, respectively, for the next succeeding two years. Any person who resides in or maintains an office or other place of business in any such city and who resides in the county in which said city is situated shall be eligible to appointment. Such commissioners of deeds may be appointed by the common council by resolution, and the city clerk shall immediately after such appointment, file a certificate thereof with the county clerk of the county in which such city is situate, specifying the term for which the said commissioners of deeds shall have been appointed; the county clerk shall thereupon notify such persons of their appointment, and such persons so appointed shall qualify by taking the oath of office before such county clerk within ten days after giving such notice; and the county clerk shall demand and receive the sum of one dollar from each person so qualifying. The foregoing provisions of this section shall not apply in the city of New York. Commissioners of deeds in the cities of this state shall have power to take proof and acknowledgment of all written instruments. (Amended by L. 1917, ch. 24 and L. 1920, ch. 429, in effect May 3, 1920.) EXECUTORS AND ADMINISTRATORS. §§ 34, 58. Penalties for violation of statutes. L. 1920, ch. 777. FARMS AND MARKETS LAW. (L. 1917, ch. 802.) § 34. Powers and duties of counsel.-The counsel of the department shall represent and appear for the department, the council or a committes thereof, and a commissioner, in all actions and proceedings involving any question under this chapter or within the jurisdiction of the department under any general or special law or under or in reference to any act, order or proceeding of or before the council, a committee thereof, or a commis sioner, and shall, when directed, intervene, if possible, in behalf of the department, the council, a committee thereof or a commissioner, in any action or proceeding involving or relating to any matter within the jurisdiction of powers of the department as herein prescribed, except that the attorney-general of the state shall continue to have direct charge of and bring such actions as he may deem necessary for any and all violations of chapter one of the consolidated laws, known as an act in relation to agriculture, and the acts amendatory thereof and supplemental thereto. The said counsel shall, also, act as counsel for the council, a committee thereof or any officer of the department in the conduct of a hearing, investigation or inquiry instituted under authority of the council or as provided in this chapter. He shall advise the council, a committee thereof, or a commissioner or any officer of the department, when so requested, in regard to all matters in connection with their powers and duties, and perform generally all duties and services as counsel of the department which may reasonably be required of him. (Amended by L. 1918, ch. 223.) $58. Penalties for violation of chapter or other laws.-Every person violating any of the provisions of this chapter, or of any other law the enforcement of which is within the jurisdiction of the department shall, except where other penalties are prescribed in the agricultural law, be subject to a penalty, to be recovered as provided herein, in the sum of not less than twenty-five dollars nor more than one hundred dollars for the first violation, 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 L. 1920, ch. 273. Department of markets for county. § 89. 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 such 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. When the storage of any article is prohibited beyond a certain period, each day during which or any part of which any article is so stored beyond the period provided for by this chapter, shall constitute a separate violation. A right of action for the recovery of, or a liability for, penalties incurred as provided in this chapter, or in any other law the enforcement of which is within the jurisdiction of the department, may be settled or compromised under rules prescribed by the council, either before or after proceedings are brought to recover such penalties, and prior to the entry of judgment therefor. (Amended by L. 1920, ch. 777, in effect Oct. 1, 1920.) § 89. Establishment of department of markets for county or for county and city. The board of supervisors of a county not wholly within a city may establish a department of markets for such county, and may appoint a commissioner of public markets to be the head of such department, and fix his compensation, or may provide for the supervision of the department by the board of supervisors or by a designated official or officials of the county, or may, jointly with the authorities of a city in such county. who are authorized by this article to establish a department of markets in such city, establish a department of markets for such county and city, and may agree with such authorities upon the manner of appointment and compensation of a commissioner of public markets to be the head of such department, and upon the amount of the compensation of such commissioner and the expense of the establishment and maintenance of such department to be borne by the county and city, respectively. A department of markets so established for a county or for a county and city shall have all the powers, duties and jurisdiction of a department of markets in a city as prescribed in this article, and all the provisions of this article shall apply thereto in the same manner and to the same effect so far as practicable as a department of markets in a city. A provision of this article referring to the authorities of a city having jurisdiction of a department of markets therein shall, in respect of the department of markets of a county, be deemed to refer to the board of supervisors of the county, and in respect of a department of markets for a county and city shall be deemed to refer to the authorities of such city which would have jurisdiction of a department § 90. Cold storage. L. 1920, ch. 796. of markets if established therein and the board of supervisors of the county joining in the establishment of such market, and if action is authorized or required, by the provisions of this article, to be taken by the authorities of such a city, such action in respect of such county and city market or department of markets shall be taken jointly by such authorities and by the board of supervisors of the county. (Added by L. 1920, ch. 273, in effect Apr. 19, 1920.) ARTICLE IV-A. (Article added by L. 1920, ch. 796, in effect Oct. 1, 1920.) 94. Cold storage food when sold must be represented as such. 94-a. 94-b. Food to be condemned. Articles not intended for human consumption. 94-c. Time that cold storage foods may be kept. 95. Transfers from one warehouse to another. 96. Prohibits return of food to cold storage when once released for purpose of placing same on market for sale. 97. Powers of department. § 90. Definitions.-1. The term "food," as used in this article, shall include any article, except nuts, fruits, cheese and vegetables, and articles in process of manufacture, preparation or cure used for food by man or animal and every ingredient of such article. 2. The term "cold storage, as used in this article, shall mean the storage or keeping of articles of food at or below a temperature above zero of forty-eight degrees Fahrenheit in a cold storage warehouse. 3. The term "cold storage warehouse," as used in this article, shall mean any establishment or structure, or portion thereof, in which food is commonly stored and which is artificially cooled to or below a temperature above zero of forty-five degrees Fahrenheit, except (1) a refrigerator vehicle used as such or (2) an establishment or structure or portion thereof used exclusively for storage of any article or articles for the sole use of the occupant, owner, or maintainer thereof, (a) for consumption of himself or his family or guests, or (b) in his business of serving meals, or (c) in connection with his retail business only, or (3) an establishment or structure or portion thereof used solely for the storage of food for periods of less than thirty days under a temperature not lower than twenty degrees above zero Fahrenheit. L. 1920, ch. 796. Cold storage. §§ 91, 92. 4. The term "commissioner," as used in this article, shall be construed to mean the commissioner of the division, either of foods and markets or of agriculture, to whom the duties of enforcing this article shall be assigned. (Added by L. 1920, ch. 796, in effect Oct. 1, 1920.) § 91. License to be secured.-On and after the first day of October, nineteen hundred and twenty, no person, firm or corporation shall maintain or operate within this state any cold storage warehouse, except when such warehouse is used exclusively for the storage of nuts, fruits, cheese or vegetables, without a license to be issued, as prescribed in this article, by the state department of farms and markets. Any person, firm or corporation desiring such a license shall, before beginning to maintain or operate a cold storage warehouse, make a written application for such license to the commissioner on or before the first day of September, nineteen hundred and twenty, and annually thereafter, stating the location of its plant or plants and such other facts as the commissioner shall prescribe. Any applicant desiring to begin the operation of a cold storage warehouse after the first day of October of any year shall, before beginning such operation, file a like application for a license therefor. On receipt of the application the commissioner shall cause an examination to be made into the sanitary condition of such plant or plants, and if found to be in a sanitary condition and otherwise properly equipped to be operated and maintained for cold storage warehouse purposes the commissioner shall, upon payment of a license fee of twenty-five dollars, cause a license to be issued authorizing the applicant to operate such cold storage warehouse or warehouses until the first day of October next following. In the event that any warehouse licensed under the provisions of this section, or any portion thereof, shall be deemed by the commissioner to be conducted in an unsanitary manner, it shall be the duty of the commissioner to close such warehouse, or portion thereof, until it shall be put in satisfactory condition, and the commissioner shall have the power also to suspend the license in case the changes required shall not be made within a reasonable time. (Added by L. 1920, ch. 796, in effect Oct. 1, 1920.) § 92. Reports of holdings to be rendered.-Every such licensee shall keep accurate records of the articles of food received in and the articles withdrawn from his warehouse or warehouses and shall submit reports to the state department of farms and markets, upon printed forms to be provided by the department, setting forth in itemized particulars the quantity of each and every food stuff in storage with, or in the control of, such licensee except such as are being held in temporary storage as provided in sections ninety-three-a and ninety-three-b of this article. Said reports shall be filed on or before the fifth day of each month, and reports so rendered shall show conditions existing upon the last day of the preceding month. (Added by L. 1920, ch. 796, in effect Oct. 1, 1920.) |