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years, compare the same with those in his possession, and he shall have a general supervision of the weights and measures of the state.

$ 12. Copies of standard weights and measures. The state shall have a complete set of copies of the original standards of weights and measures adopted by this article, which shall be used for adjusting county standards, and the original standards shall not be used except for the adjustment of this set of copies and for scientific purposes.

The state superintendent of weights and measures shall see that the foregoing provisions of this section are complied with and procure such apparatus and fixtures, if the same have not already been procured, as are necessary in the comparison and adjustment of the county standards.

He shall cause all the city and county standards to be impressed with the emblem of the United States, the letters “N. Y.," and such other device as he shall direct for the particular county.

$ 13. County sealer ; duty of supervisors.—There shall be a county sealer of weights and measures in each county, who shall be appointed by the board of supervisors and hold office during the pleasure of such board. He shall take charge of and safely keep the county standards, provide the several towns with such standard weights, measures and balances, stamped with such devices as the board of supervisors may direct, as may be wanting, and compare the town standards with those of the county as often as once in five years.

In towns where there are no standards or no town sealer, he shall perform the duties of a town sealer.

The board of supervisors of each county shall procure the proper standards for each town therein not provided therewith, and the expense thereof shall be paid by such town.

$ 14. Town sealer.—There shall be a town sealer of weights and measures in each town, to be appointed by the town board and hold office during its pleasure. He shall take charge of and safely keep the town standards and see that the weights, measures and all apparatus used in the town which are brought to him for that purpose, conform to the town standards.

$ 15. City sealer.—Where not otherwise provided by law, there shall be a city sealer of weights and measures to be appointed by the common council of each city, and hold office during the

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pleasure of said council. He shall perform in his city the duties of a town sealer in a town. Where it is provided by law that some other city officer shall perform the duties of a sealer, the provisions of this article shall apply to such officer, so far as the same are not inconsistent with the law under which he acts.

§ 16. Weights and measures to be sealed ; fees. Whenever the sealer of a city, county or town compares weights and measures and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal and mark such weights and measures with the appropriate devices.

Each sealer shall receive for his services the following fees : For sealing and marking every beam, ten cents.

For sealing and marking measures of extension, ten cents per yard, not exceeding fifty cents for any one measure.

For sealing and marking every weight, five cents.

For sealing and marking liquid and dry measures, ten cents for each measure.

He shall have a reasonable compensation for making weights and measures conform with the standards in his possession.

$ 17. Delivery of standards to successor in office.-Whenever the state superintendent of weights and measures resigns, is removed from office or removes from the city of Albany, or when any city, county or town sealer resigns, is removed from office or removes from the city, county or town in which he has been appointed or elected, he shall deliver to his successor in office all the standard beams, weights and measures in his possession, and on the death of any such sealer of weights and measures his representatives shall in like manner deliver to his successor in office such beams, weights and measures. In case of refusal or neglect to deliver such standards entire and complete, as in this section required, the successor in office may maintain an action against the person or persons so refusing or neglecting, and recover double the value of the standards not delivered and double costs. One-half of the damages recovered in every such action shall be retained by the person so recovering, and the other shall be applied to the purchase of such standards as may be required in his office.

SS 20–21

Article II.

ARTICLE II.

REGULATIONS OF GRADE AND BUSINESS.

SECTION 20. Standard of domestic distilled spirits.

21. Sperm oils.
22. Storage of petroleum.
23. Standard test and storage of refined petroleum and kerosenu

oils.
24. Standard and storage of illuminating oils.
25. Inspectors of storage.
26. Fire and light within one hundred and fifty feet of warehouses

in the counties of New York, Kings and Queens prohibited. 27. Penalties and the enforcement thereof. 28. Trade-marks. 29. Unlawful detention of milk cans. 30. Canned and preserved food. 31. Oysters in kegs and cans, how marked and branded. 32. Fees and charges for elevators and warehouses. 33. Analysis of commercial fertilizers to be furnished. 34. List and analysis of fertilizers to be furnished the director of

the state agricultural experiment station at Geneva. 35. When statement shall not be deemed false ; application of sec

tions. 36. Inert nitrogenous matter to be stated. 37. Penalties. 38. Duties of the director of New York state agricultural experiment

station relating to fertilizers. 39. Sale of agricultural products on commission. 40. Duty of hotel keepers to provide fire-escapes. 41. Bills of lading to be issued by vessels transporting merchandise

within the state.

$ 20. Standard of domestic distilled spirits.-Domestic distilled spirits, at a temperature of sixty degrees Fahrenheit, which have a specific gravity of nine thousand three hundred and thirtyfive as compared with the gravity of pure distilled water at the same temperature estimated at ten thousand, shall be deemed first proof.

The strength of any such spirits below or above first proof shall be calculated decimally, or by the percentage in reference to such standard, and shall be denoted as so many per centum below or above first proof as the actual difference in strength shall be.

$ 21. Sperm oils.-Pure sperm oil, at the temperature of sixty degrees Fahrenheit, shall have the same specific gravity as domestic distilled spirits of forty-eight per centum above first proof

Regulations of Grade and Business.

SS 22–23

at the same temperature; and whale oil, at that temperature, shall have the same specific gravity as such spirits of eight per centum above first proof, as established by this article. The specific gravity of such oils may be tested by a hydrometer or an oleometer. The secretary of state shall furnish, at the expense of the state, to the clerk of each county, a correct oleometer, graduated to show the difference between pure sperm oil and whale oil, which shall be kept by such clerk for public use as a standard and true test of pure sperm oils. All oils under the name of sperm, lamp, summer, fall and winter oils shall be deemed to be sold as and for pure sperm oil. All oils sold under the name of sperm, lamp, summer, fall or winter oils, which shall be adulterated from pure sperm oil, shall be deemed whale oil, and the vendor shall be liable to the purchaser for the difference in value between pure sperm and crude whale oil.

$ 22. Storage of petroleum.-Crude petroleum, earth or rock oil, or any of its products, shall not be kept on sale or stored in any place or building within the corporate limits of any city in this state, except in the city of New York, unless in detached and properly ventilated warehouses, the exterior walls of which are stone, brick or iron, specially adapted to that purpose, with raised sills at least two feet high, or the ground floor of which is at least two feet below the level of the street or adjoining land, so as to effectually prevent the overflow of such substances beyond the premises where kept or stored.

No part of such warehouses shall be occupied as a dwelling, and if less than fifty feet from any adjacent building, such warehouse must be separated therefrom by a brick or stone wall at least ten teet in height and sixteen inches thick.

None of such articles shall be allowed to remain on the sidewalk beyond the front line of any building or in the street, a longer time than is actually necessary for the storage, shipment or delivery of the same, nor after sunset.

$ 23. Standard test and storage of refined petroleum and kero sene oil.-Refined petroleum or kerosene oil shall not be kept on sale or stored in any such city, the fire test of which shall be less than one hundred and ten degrees Fahrenheit, determined by authorized inspectors using G. Tagliabue's or other improved instruments; and the barrels or packages containing the same shall be legibly stamped or marked with the inspector's official stamp or mark. If stored above the cellar or basement of any

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building and in barrels of not over forty-five gallons each, or in metallic vessels or tanks for the convenience of retailing, the quantity so stored shall not exceed the contents of ten barrels, unless packed in hermetically sealed metallic packages when such quantity shall not exceed one hundred barrels. If stored in cellars or basements surrounded by walls of brick or stone, and at least two feet below the level of the sidewalk, street or adjacent land, such quantity shall not exceed the contents of one hundred and fifty barrels, unless stored in warehouses specially adapted for the purpose pursuant to this article. No more than five barrels thereof shall be kept or stored in any building occupied wholly or in part as a dwelling.

Not more than ten barrels of benzine or naphtha shall be kept or stored in any building, and not more than three barrels thereof in any building any part of which is occupied as a dwelling.

This and the preceding section shall not prevent the storage of crude or refined petroleum in wrought-iron tanks detached from any building and specially adapted for that purpose, or in other tanks so constructed that the top is at least two feet below the street or the adjoining land and covered with at least one foot of earth, and appurtenant to or connected with a refinery, with the approval of the inspectors of buildings, fire marshal or other proper authorities.

§ 24. Standard and storage of illuminating oils.-No person shall manufacture or have in his possession or sell or give away for illuminating or heating purposes in lamps or stoves within this state, any oil or burning fluid wholly or partly composed of naphtha, coal oil, petroleum or products thereof, or of other substances or materials emitting an inflammable vapor which will flash at a temperature below one hundred degrees Fahrenheit, according to the instruments and tests approved by the state board of health.

No such oil or fluid which will ignite at a temperature below three hundred degrees Fahrenheit shall be burned or be carried as freight in any passenger or baggage car or passenger boat moved by steam or electric power in this state, or in any stage or street car, however propelled, except that coal oil, petroleum and its products may be carried, when securely packed in barrels or metallic packages, in passenger boats propelled by steam when there are no other public means of transportation.

The state board of health shall prescribe the tests and instru.

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