Statement to be al fixed Chap. 955. AN ACT for the protection and education of farmers and manufacturers in the purchase and sale of fertilizers. BECAME a law May 28, 1896, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Every person who shall sell, offer or expose for sale tertain in this state any commercial fertilizer or any material to be used packages. as a fertilizer, the selling price of which exceeds ten dollars per ton, shall stamp on or affix to each package of such fertilizer, in a conspicuous place on the outside thereof, a plainly printed statement which shall certify as follows: Violation of act, 1. The number of net pounds of fertilizer in the package sold or offered for sale; 2. The name, brand, or trade mark under which the fertilizer is sold; 3. The name and address of the manufacturer of the fertilizer; 4. The chemical composition of the fertilizer expressed in the following terms: (a) Per centum of nitrogen; (b) Per centum of available phosphoric acid, or, in case of undissolved bone, the per centum of total phosphoric acid; (c) Per centum of potash soluble in distilled water. If any such fertilizer be sold, offered or exposed for sale in bulk, such printed statement shall accompany every lot and parcel so sold, offered or exposed for sale. § 2. It shall be a violation of the provisions of this act if the statement required by section one of this act shall be false in regard to the number of net pounds of fertilizer in the package sold, offered or exposed for sale, or in the name, brand or trademark under which the fertilizer is sold, or in the name and address of the manufacturer of the fertilizer. It shall also be a violation of the provisions of this act if any commercial fertilizer or material to be used as a fertilizer shall contain a smaller percentage of nitrogen, phosphoric acid or potash than is certified in said statement to be contained therein, when such deficiency shall be greater than one-third of one per centum of nitrogen, or one half of one per centum of available phosphoric acid (or one per centum of total phosphoric acid in the case of undissolved bone), or one-half of one per centum of potash soluble in distilled water. § 3. Before any commercial fertilizer or any material to be used as a fertilizer is sold, offered or exposed for sale in this state, the manufacturer, importer or person who causes the same to be sold, offered or exposed for sale shall file with the New York agricultural experiment station at Geneva, a certified copy of the statement prescribed in section one of this act; and, in addition, such statement shall be filed thereafter annually during the month of January. Statements to be filed. Statements fixed to of certain § 4. No person shall sell, offer or expose for sale in this state to be afleather or its products or other inert nitrogenous material in any packages form, as a fertilizer or as an ingredient of any fertilizer, unless products. an explicit printed statement of the fact shall be conspicuously affixed to every package of such fertilizer, and shall accompany every parcel or lot of the same. violations. § 5. Every person violating any of the provisions of this act Penalty for shall forfeit and pay to the people of the state of New York the sum of one hundred dollars for every such violation. of analysis § 6. Every certificate, duly signed and acknowledged, of a Certificate chemist or other expert employed by the director of the New York evidence. agricultural experiment station at Geneva relating to the analysis of any commercial fertilizer or material to be used as a fertilizer, shall be presumptive evidence of the facts therein stated. Violations. § 7. The doing of anything prohibited by this act shall be evi. Evidence of dence of the violation of the provisions of this act relating to the thing so prohibited and the omission to do anything directed to be done shall be evidence of a violation of the provisions of this act relative to the things so directed to be done. enforc d. § S. The director of the New York agricultural experiment Act how station at Geneva is charged with the enforcement of the 'provisions of this act, and for this purpose, may employ agents, chemists and experts, and whenever he shall know or have reason to believe that any penalty has been incurred by any person for the violation of any of the provisions of this act, or that any sum has been forfeited by reason of any such violation, he shall report the said violation with a statement of the facts to the attorney general, who, pursuant to the provisions of chapter eight hundred and twenty-one of the laws of eighteen hundred and ninety-five Repeal. Hearing and audit of claim. Hearing and audit of claim, may cause an action or proceeding to be brought in the name of the people for the recovery of the same. § 9. Chapter four hundred and thirty-seven of the laws of eighteen hundred and ninety and chapter six hundred and one of the laws of eighteen hundred and ninety-four are hereby repealed. § 10. This act shall take effect immediately. Chap. 956. AN ACT to confer jurisdiction upon the board of claims to hear, audit and determine the claims of Frances A. Brown against the state, and to make an award therefor. BECAME a law May 28, 1896, with the approval of the Governor. Pass ed three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Jurisdiction is hereby conferred upon the board of claims to hear, audit and determine the claims of Frances A. Brown against the state, for damages to property owned by her, situate in the town of Fort Ann, Washington county, New York, caused by water leaking or escaping thereon from the Champlain canal, during the past six years, and to make an award therefor as though such claim had accrued within two years prior to the time of such hearing. § 2. This act shall take effect immediately. Chap. 957. AN ACT conferring jurisdiction upon the board of claims to hear, audit and determine the claim of Mortimer Murphy against the state. BECAME a law May 28, 1896, with the approval of the Governor. Passed, three fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Jurisdiction is hereby conferred upon the board of claims to hear, audit and determine the alleged claim of Mortimer Murphy against the state of New York for damages alleged to have been sustained by him while in the employ of the state dur ing the year eighteen hundred and ninety-two, alleged to have been caused by reason of defective appliances, tools and machinery furnished by said state. If the facts proved before said board shall establish that damages have been sustained by said claimant, arising or resulting as herein before stated for which a master or employer would be liable under like circumstances, said board shall determine the amount of such damages and award to him such sum therefor as shall be just and reasonable. court of § 2. Either party may take an appeal to the court of appeals Appeals to from any award made under authority of this act, provided such appeals. an appeal be taken by service of a notice of appeal within thirty days after service of a copy of the award. § 3. This act shall take effect immediately. Chap. 958. AN ACT to confer upon the board of claims, jurisdiction to hear, audit and determine the claim of Alexander Grieve for damages caused by the flooding of lands, owned by said Alexander Grieve, by the waters of the Erie canal. BECAME a law May 28, 1896, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: and audit of claim. Section 1. Jurisdiction is hereby granted to and conferred upon Hearing the board of claims to hear, audit and determine the claim of Alexander Grieve, owner of lands situate in the town of Macedon, Wayne county, New York, for damages caused by the flooding of said lands, by the waters of the Erie canal. § 2. If the facts proved before said board shall establish a just and equitable claim against the state for damages caused as aforesaid, the said board shall determine the amount of said damages and award such sum therefor as may be just and equitable. Award. court of § 3. Either party may take an appeal to the court of appeals Appeal to from any award made under authority of this act, provided such appeals. appeal be taken by service of a notice of appeal within thirty days of the service of a copy of the award. § 4. This act shall take effect immediately Hearing and audit of claim. Award. Appeal to court of appeals. Chap. 959. AN ACT to confer upon the board of claims, jurisdiction to Section 1. Jurisdiction is hereby granted to and conferred upon § 2. If the facts proved before said board shall establish a just and equitable claim against the state for damages caused as aforesaid, the said board shall determine the amount of said damages and award such sum therefor as may be just and equitable, not to exceed five thousand dollars. § 3. Either party may take an appeal to the court of appeals from any award made under authority of this act, provided such appeal be taken by service of a notice of appeal within thirty days of the service of a copy of the award. § 4. This act shall take effect immediately. |