L. 1885, Chap. 505-An act to provide for record evidence of the names and membership of joint-stock associations, and for the mode of proof of the membership thereof. Certificate to be filed; contents. SECTION 1. Every joint-stock association transacting business within this state shall, within sixty days after this act shall take effect, file with the secretary of state, and also with the clerk of the county where the principal business of such association is carried on, a certificate, in writing, signed and sworn to by the president and treasurer of such association, stating the name of such association, the date of its organization, the law or statute under which it is organized and doing business, the number of associates required thereby, and whether the association comprises said number, its principal place of business, and the names and places of residence of its officers. Annually in January like certificate to be filed. § 2. Every such association shall also annually, during the month of January in each year hereafter, file a like certificate with the secretary of state, and with the clerk of the county where the principal business of such association is carried on, stating all the facts required to be stated by the certificate referred to in the preceding section. To be recorded; fees. §3. The several certificates so filed shall be recorded by the secretary of state, and by the said county clerk, respectively, in a book or books to be provided for that purpose. The fees for recording such certificates shall be the same as are prescribed by law for the recording of deeds and other conveyances, and shall be paid by the association filing the same. Evidence. § 4. The certificates so filed, and the records thereof, and copies of such certificates or records, certified by the officers with whom the same are filed, shall be presumptive evidence of the truth of all the facts therein stated against all the persons named in said certificates as officers or members thereof. Officers, etc., not privileged from testifying. § 5. No officer or member of any jointstock association shall be privileged from testifying in any suit, action or proceeding against said association, or against any of the members thereof, in respect to the existence of said association, or the members composing the same, or of any facts relating to the organization thereof. Penalty for failure to comply with this act. § 6. The officers of any joint-stock association, who shall fail to comply with the provisions of this act, shall be jointly and severally liable to a fixed penalty of fifty dollars for every day during which the failure to comply with the provisions of sections one and two of this act shall continue, to be recovered in a suit brought in the name of the people of the state of New York by the attorney-general. All penalties that have accrued at the time of the commencement of such action may be recovered therein, or a separate action may be maintained for one or more of such penalties. TITLE 1. New style to be continued. Leap years. CHAPTER XIX. OF THE COMPUTATION OF TIME, OF WEIGHTS AND TITLE I.-OF THE COMPUTATION OF TIME. TITLE II.-OF WEIGHTS AND MEASURES. TITLE I. Of the Computation of Time. SEC. 1. Time to continue to be computed according to Gregorian or new style. SECTION 1. Time shall continue to be computed in this state, according to the Gregorian or new style; and the first day of January, in every year, which has happened, according to such style, since the year one thousand seven hundred and fifty-two, and which shall hereafter happen, shall be reckoned to be the first day of the year. § 2. For the purpose of preserving the method of reckoning and computing the days of the year, in the same regular course, as near as may be, in all future times, the several years one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other future hundredth year, of which the year two thousand shall be the first, except only every fourth hundredth year, shall not be taken to be bissextile or leap [606] years, but shall be taken to be common years, consisting of three hundred and sixty-five days; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year, from the year two thousand inclusive, and also every fourth year, except as first above mentioned, which, by usage in this state, is considered to be a bissextile or leap year, shall be taken to be bissextile or leap years, consisting of three hundred and sixty-six days. Year, &c., defined. § 3. Whenever the term "year," or "years," is or shall be used in any statute, deed, verbal or written contract, or any public or private instrument whatever, the year intended shall be taken to consist of Added day three hundred and sixty-five days; a half year of one hundred and eighty-two days; and a quarter of a year of ninety-one days; and the added day of a leap year, and the day immediately preceding, if they shall occur in any period so to be computed, shall be reckoned together as one day. of leap year. Construo tion of term § 4. Whenever the term "month" or "months," is or shall be used in any statute, act, deed, verbal or written contract, or any public or private instrument whatever, it shall be construed to mean a calen- TITLE 1. dar, and not a lunar month; unless otherwise expressed. month." 28 N. Y., time. [Modified, as to the computation of interest, by R. S., part 2, chapter 4, title 3, § 9.] 444. § 5. The standard time throughout this state shall be that of the Standard seventy-fifth meridian of longitude, west from Greenwich, by which all courts and public offices, and all legal or official proceedings shall be hereafter regulated. Whenever, by the laws of this state, or by any law, rule, order or process of any authority, created by or pursuant to the laws of this state, any act is required to be performed, at or within any prescribed time, such act shall be performed according to the time at the seventy-fifth meridian of longitude, west from Greenwich. [This section added by L. 1884, ch. 14.] TITLE II. Of Weights and Measures. [Repealed by "An act in relation to weights and measures," passed April 11, 1851; L. 1851, ch. 134, § 35.] Acts relating to Weights and Measures. TITLE 2. [606-611] L. 1829, Chap. 297 – An act concerning standard measures of capacity.* Standard of measures of capacity. SECTION 1. The unit or standard of measures of capacity, as well for liquids as for dry commodities not measured by heaped measures, from which all other measures of capacity shall be derived and ascertained, shall be the gallon. Two kinds of gallons. § 2. There shall continue to be two kinds of gallons, one for the measure of all liquids, and one for the measure of all other substances not measured by heaped measures; the first to be denominated the gallon for liquid measures, and the second to be denominated the gallon for dry measures. Liquors. § 3. The gallon for liquids shall be a vessel of such capacity as to contain at the mean pressure of the atmosphere, at the level of the sea, eight pounds of distilled water, at its maximum density. Dry measure. § 4. The gallon for dry measure shall be a vessel of such capacity as to contain, at the mean pressure of the atmosphere, at the level of the sea, ten pounds of distilled water, at its maximum density. Standard to be made of brass. § 5. Such standard gallons shall be made of brass; and in case of loss, shall be restored, according to the proportions above mentioned, under the direction of the state sealer of weights and measures. Division by the No. 2. § 6. All other measures of capacity for liquids shall be derived from the liquid gallon by continual division by the number two, so as to constitute half gallons, quarts, pints, half pints and gills. Multiplication by the No. 2. § 7. All other measures of capacity, for substances not being liquids, shall be derived from the dry gallon by continual multiplication, by the number two in the ascending scale, so as to constitute pecks, half bushels and bushels; and by continual division by the same number in the descending scale, so as to constitute half gallons, quarts, pints, half pints and gills. [Section 8 is omitted as temporary.] *This act was passed subsequently to title 2 of the R. S. (which was passed Dec. 3, 1827), and was intended as an amendment thereof. Most, and probably the whole of it, was superseded by L. 1851, ch. 134, but as some doubts may arise as to how much of it is in force, it is inserted here. L. 1831, Chap. 315-An act providing for the appointment of an assistant state sealer of weights and measures. Assistant state sealer. SECTION 1. There shall be appointed by the senate, on the nomination of the governor, an assistant state sealer of weights and measures, to reside in the city of Albany, who shall be a practical mechanic, skilled in the manufacturing and regulating of weights and measures, and who shall hold his office for the term of two years, and until another shall be appointed in his stead. [Section 2 amends the R. S.] L. 1835, Chap. 282 – An act to create and regulate a standard for measuring bran and shorts. Measure for bran. SECTION 1. The standard measure or capacity for bran and shorts shall be forty quarts to the bushel. The measure used for measuring the said commodities shall be made round with a plain or even bottom, and shall be thirteen inches and a half in diameter in the clear at the top, and fifteen inches and a half in diameter in the clear at the bottom, and of sufficient depth to contain the aforesaid quantity when stricken with a round, straight stick or roller of uniform diameter. [See L. 1851, ch. 134, § 12.] L. 1851, Chap. 134– An act in relation to weights and measures. Weights and measures, description of. SECTION 1. The standard weights and measures now in charge of the secretary of state, being the same that were furnished to this state by the government of the United States, in accordance with a joint resolution of congress, approved June 14, 1836, and consisting of one standard yard measure, one set of standard weights, comprising one Troy pound, and nine Avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five and fifty pounds respectively; one set of standard Troy ounce weights, divided decimally from ten ounces to the one ten-thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirtyone cubic inches, one half-gallon, one quart, one pint and one half-pint measure, and one standard half-bushel, containing one thousand and seventy-five cubic inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as standard, shall be the standards of weight and measure throughout this state. The unit. § 2. The unit or standard measure of length and surface from which all other measures of extension, whether they be lineal, superficial or solid, shall be derived and ascertained, shall be the standard yard designated in the first section of this act. The yard. § 3. The yard shall be divided into three equal parts called feet, and each foot into twelve equal parts called inches; for measures of cloths and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths and sixteenths. The rod. § 4. The rod, pole or perch shall contain five and a half such yards; and the mile, one thousand seven hundred and sixty such yards; the chain for measuring land, shall be twenty-two yards long, and shall be divided into one hundred equal parts called links. The acre. § 5. The acre, for land measure, shall be measured horizontally, and contain ten square chains, and shall be equivalent in area, to a rectangle sixteen rods in length, and ten in breadth: six hundred and forty such acres being contained in a square mile. Weights. § 6. The units or standards of weight from which all other weights shall be derived and ascertained, shall be the standard avoirdupois and Troy weights designated in section first of this act. The pound. § 7. The avoirdupois pound which bears to the Troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces: the hundred weight shall consist of one hundred avoirdupois pounds, and twenty hundred weight shall constitute a ton. The Troy ounce shall be equal to the twelfth part of the Troy pound. The gallon. § 8. The units or standards of measure of capacity for liquids, from which all other measures of liquids shall be derived and ascertained, shall be the standard gallon and its parts, designated in the first section of this act. The barrel. § 9. The barrel shall be equal to thirty-one and a half gallons, and two barrels shall constitute a hogshead. Half bushel. § 10. The unit or standard measure of capacity for substances not being liquids, from which all other measures of such substances shall be derived and ascertained, shall be the standard half-bushel mentioned in section first of this act. The peck, etc. § 11. The peck, half-peck, quarter-peck, quart and pint measures, for measuring commodities which are not liquid, shall be derived from the half-bushel, by successively dividing that measure by two. Measures of coal, ashes, etc. § 12. The measures of capacity for coal, ashes, marl, manure, Indian corn in the ear, fruit and roots of every kind, and for all other commodities, commonly sold by heap measure, shall be the half-bushel and its multiples and subdivisions; and the measures used to measure such commodities shall be made cylindrical, with plain and even bottom, and shall be of the following diameters: from outside to outside the bushel, nineteen and a half inches; half-bushel, fifteen and a half inches; and the peck, twelve and a third inches. [See L. 1835, ch. 282, ante.] Heap Measure. § 13. All commodities sold by heap measure shall be duly heaped up in the form of a cone; the outside of the measure by which the same shall be measured to be the limit of the base of the cone, and such cone to be as high as the article will admit. Contracts how construed. §14. All contracts hereafter made within this state for work to be done, or for anything to be sold or delivered by weight or measure, shall be taken and construed according to the standards of weight and measure hereby adopted as the standards of this state. Number of pounds to the bushel. § 15. Whenever wheat, rye, Indian corn, barley or oats, shall be sold by the bushel, and no special agreement shall be made by the parties as to the mode of measuring, the bushel shall consist of sixty pounds of wheat, fifty-six pounds of rye or Indian corn, forty-eight pounds of barley and thirty-two pounds of oats. [Modified by L. 1857, ch. 560, post.] Superintendent. § 16. A superintendent of weights and measures for this state, who shall be a scientific man, of sufficient learning and mechanical tact to perform the duties of his office, shall be appointed by the governor, lieutenant-governor and secretary of state, or any two of them, at a meeting called for this purpose by the secretary of state, and shall hold his office during their pleasure. His duties. § 17. It shall be the duty of the superintendent to take charge of the standards adopted by this act as the standards of the state; to see that they are deposited in a fire-proof building belonging to the state, from which they shall in no case be removed, and to take all other necessary precautions for their safe keeping. It shall also be his duty to correct the standards of the several cities and counties, and provide them with such standards, balances and other means of adjustment, as may be necessary; and as often as once in ten years, to compare the same with those in his possession; he shall, moreover, have a general supervision of the weights and measures of the state. [See L. 1854, ch. 326, post.] |