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Contracts construed

measured to be the limit of the base of the cone, and such cone to be as high as the article will admit.

§ 689. All contracts, made after the eleventh accordingly day of April, 1851, within this state, for work to be done, or for anything to be sold or delivered, by weight or measure, shall be construed according to the foregoing standards.

Weight of bushels of

various products.

Duty of the state superintendent of

measures.

§ 690. Whenever wheat, rye, indian corn, buckwheat, barley, oats, beans, peas, clover seed, timothy seed, flax seed or potatoes are sold by the bushel, and no special agreement is made by the parties as to the mode of measuring, the bushel shall consist of sixty-two pounds of beans, sixty pounds of wheat, peas, clover seed or potatoes, fifty-eight pounds of indian corn, fifty-six pounds of rye, fifty-five pounds of flax seed, forty-eight pounds of buckwheat or barley, forty-four pounds of timothy seed and thirty-two pounds of oats.

§ 691. The state superintendent of weights and weights and measures is charged with a general supervision of the weights and measures of the state. He shall take charge of the standards and see that they are kept in, and in no case removed from, a fireproof building belonging to the state. He shall correct the standards of the cities and counties, provide them with necessary standards, balances and other means of adjustment, and as often as once in ten years compare the same with those in his posses

sion.

intendent may con.

construc

§ 692. For the purpose of providing the same State superfor those counties that are without them, and for tract for any new counties that may be erected, he has standar power, from time to time, to contract for the construction of the same, of such materials, denominations and fashion as those heretofore constructed, and on his certificate that the same have been delivered to and examined and approved by him, and that he deems the cost thereof just and reasonable, they shall be paid for by the treasurer on the warrant of the comptroller.

and transmission of

standards.

§ 693. The superintendent shall verify each such Verification set of standards, and cause it to conform to the state standard, and then send it to the county clerk or county sealer of the county for the use of which it is prepared. The county treasurer shall defray the cost of transportation, and shall pay to the superintendent, on his order, his fees and expenses for verification and sealing.

694. The prime cost of the set shall charged by the state treasurer to the county,

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such charge shall not bear interest until one year after the delivery of the set. The board of supervisors, at their first annual meeting after the delivery, shall provide the means to meet these expenses, and authorize the county treasurer to pay to the state treasury the prime cost, and interest, if any accrues.

standards to be borne by

the county.

Copies of standards.

Duty of the county sealer.

Duty of the town sealer.

Supervisors to procure

town standards.

§ 695. The superintendent shall maintain a complete set of copies of the original standards, which shall be used for adjusting county standards, and in no case shall the original standards be used for any other purpose than the adjustment of this set of copies, and for scientific purposes; he shall also maintain such apparatus and fixtures as are necessary in the comparison and adjustment of the county standards.

696. The county sealer shall take charge of the county standards and standard balances, and provide for their safe keeping; provide the town with such standard weights and measures and standard balances as may be wanting, and compare the town standards with those in his possession as often as once in every five years.

§ 697. The town sealer shall take charge and provide for the safe keeping of the town standards, and see that the weights, measures and all apparatus used for determining the quantity of commodities used throughout the town, which are brought to him for that purpose, agree with those standards in his possession.

§ 698. The supervisors of each county shall provide for procuring the proper standards of weights and measures for each of the towns in their respec tive counties, and at the expense of such towns respectively.

the standards.

§ 699. The state superintendent shall see that Marks upon there are impressed on all the city and county standards the emblem of the United States, the letters N. Y., and such other device as he shall direct for the particular county; and the county sealers shall see that, in addition to the above device, there is impressed on the town standards such other device as the board of supervisors shall direct for the several towns.

weights and

measures.

§ 700. Whenever the several sealers of the cities, Sealing counties and towns compare weights and measures, and find or make them to correspond with the standards in their possession, they shall seal and mark such weights and measures with the appro priate devices.

fees.

§ 701. Each sealer shall be entitled to receive Sealer's for his services, from the owner of the weights or measures sealed:

For sealing and marking every beam, ten cents;

For sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed 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 is also entitled to a reasonable compensation for making weights and measures conform to the standards.

Delivery of standards to successor in

office.

False weights and

- measures.

702. Whenever the state superintendent resigns, is removed from office, or removes from the city of Albany, or whenever any city, county or town sealer resigns, is removed from office, or removes from the city, county or town in which he was appointed, it is his duty, and in case of the death of such officer it is the duty of his representatives to deliver to his successor in office all the standards in his possession. In case of any neglect to do so the successor may prosecute the person neglecting, and shall recover double the value of such standards as have not been delivered, with double costs, one-half of the damages to be retained by the person so recovering, and the other to be applied to the purchase of such standards as may be required in his office.

§703. If any person uses any weights, measures, beams or other apparatus for determining quantity of commodities, not conformable to the standards of this state, whereby any person is injured or defrauded, he shall be subject to a fine not exceeding five dollars for each offense, to be sued for and collected by the city or town sealer; he shall also be subject to an action, in which the defrauded person shall recover treble damages and costs; and every person keeping any place of traffic in commodities usually sold by weight or measure, shall have his weights and measures compared annually with the standard, under penalty of five dollars for

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