How to be marked and branded. § 3. The tare of every cask shall be marked on one head with a marking iron; and every cask shall be branded or marked with the weight of the flour contained therein, and with the initials of the christian name and surname of the manufacturer thereof; and every cask of wheat flour for sale in the city of Utica shall be branded or marked as follows: if of a very superior quality, "extra superfine;" if of a superior quality, "superior;" if of a third quality, "fine;" if of a fourth quality, "fine middlings;" and if of a fifth quality, "middlings." Duty of city § 4. When the wheat flour has been packed, and the casks branded or marked according to the preceding provisions of this act, application may be made to the city inspector of flour in and for the city of Utica, and it shall be his duty, inspector. To return to taken out by To examine and determine the quality of the flour; To ascertain the weight of all casks which he may suspect of being falsely tared; To alter and correct the brands when he shall be of the opinion they do not designate the real quality of the flour; To weigh such casks as he shall suspect not to contain the full weight of flour, and to brand them with the word "light," and the deficit of weight; To brand all casks containing damaged flour with the word "bad." And on all casks made, branded and packed, according to the provisions of this act, to brand in a legible manner on the quarter, the initials of his christian name and his surname, together with the words "city of Utica." § 5. The said city inspector, if required, shall deliver to the owner flour owner or his agent all flour taken from the cask with auger or other instrument that he shall use for the purpose of inspection, under the penalty of ten dollars, to be recovered by the owner, in additon to his damages and costs of suit. auger. Uninspected &c. to be spector and § 6. It shall be the duty of the said city inspector to seize flour sold, and take into his possession all flour in barrels or casks which seized by in- he shall discover to have been sold or attempted to be sold, sold. contrary to the provisions of this act. He shall sell the same at public auction, giving at least five days' public notice in some newspaper printed in the city of Utica, of the time and place of such sale; and shall pay the proceeds thereof, deducting ten per cent for his trouble and expenses, to the treasurer of the city of Utica, who under the direction of the common council of the city of Utica, shall apply the same to the support of the poor of the city of Utica, or to pay the city physician for his services and medicines in attending and doctoring the poor of the city of Utica. Penalty. 7. Every person knowingly offering for sale any cask of flour in the city of Utica, upon which the tare shall be undermarked, or in which there shall be a less quantity of flour than is branded or marked thereon, shall forfeit the same and five dollars for every cask so undermarked or deficient, one-half to the person who shall be injured and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city of Utica in the manner above mentioned. § 8. Every manufacturer of flour who shall undermark the Penalty. tare of any cask, or shall put therein a less quantity of flour than is branded or marked thereon, for sale in the city of Utica, shall forfeit the same and five dollars for every cask so undermarked or deficient, one-half to the person who shall be injured and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city of Utica, in the manner above mentioned. 9. Every purchaser of flour by the barrel or cask, for sale . in the city of Utica, who shall neglect to have the same duly inspected and branded according to the provisions of this act, shall forfeit the same and five dollars for every cask so purchased and not inspected, to be prosecuted for, collected and applied in the manner above mentioned. § 10. Every person who shall alter or counterfeit any brand or mark whatever of the city inspector of flour in and for the city of Utica, made under the provision of this act, shall forfeit the sum of one hundred dollars for each and every cask, the brand or mark of which shall be so altered or counterfeited, to be prosecuted for, collected and applied in the manner above mentioned. Ib. buy or sell § 11. No city inspector of flour in and for the city of Utica, City inspecshall purchse or sell any flour in barrels or casks in the city of or not to Utica, except for his private use, or be directly or indirectly flour. concerned in such purchase or sale, under the penalty of one hundred dollars for each offence. how to be pensation. 12. The city inspector of flour in and for the city of Utica Inspector shall be appointed by the common council of the city of Utica, appointed, and shall hold his office during the pleasure of the said common and his comcouncil; the compensation for his services shall be two cents for inspecting, boring, branding or marking, and plugging every barrel or half barrel of flour, and for weighing and ascertaining the light weight or undertare of every barrel or half barrel undertared, twelve and a half cents, to be paid by the person offering such barrels or half barrels for inspection, or such compensation as the said common council shall fix; and he shall have power to appoint one assistant inspector to assist him in the execution of his duties, who shall hold his office during the pleasure of the said city inspector, and for whose acts, performed in the name of the said city inspector, the said city inspector shall be held responsible. Managers may lend money. Restrictions Pickled or salted fish to CHAP. 293. AN ACT to amend the act entitled "An act to incorporate the Passed April 12, 1842, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. It shall be lawful for the Ithaca Savings Bank to lend upon personal security, at the discretion of the board of managers, an amount not exceeding at any time in the whole, the half of all moneys which may have been received on deposite, in pursuance of the act hereby amended, provided that not more than two hundred and fifty dollars shall at any time be lent to the same person or upon the same security in whole or in part, and that no loan shall be made on personal security for a longer time than six months. § 2. No money shall be so loaned either directly or indirectly, to any trustee, manager or other officer of said bank; nor shall any loan be made upon personal security, unless a majority of the board of managers shall, by resolution, consent thereto. CHAP. 294. AN ACT to provide for the inspection of fish in the city of Buffalo. Passed April 12, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. All pickled or salted fish put up in barrels or half barbe inspected rels which shall be offered for sale in the city of Buffalo, and which has not been inspected and branded by an inspector according to law, shall be inspected previous to its being so offered, in the same manner as salted fish intended for exportation, and be subject to all the provisions and penalties of article four, Title two, Chapter seventeen, and part first of the Revised Statutes. § 2. This act shall take effect immediately. CHAP. 295. AN ACT to revive and amend an act entitled "An act to incorporate the Oneida Lake and River Steamboat Company," passed April 2, 1838. Passed April 12, 1842, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1. The first, third and fifth sections of the act entitled Repeal. "An act to incorporate the Oneida Lake and River Steamboat Company," passed April 2, 1838, are hereby repealed, and the following substituted as the first, third and fifth sections of said act, to wit: created. § 1. Henry Fitzhugh, Robert C. Kenyon, Henry W. Corporation Schroeppel, Orsamus Johnson, Curtiss R. Čable, Edward B. Judson, Daniel Pettibone, Cyrus Marble and Noah Wadams, and their associates, are hereby declared to be a body corporate and politic by the name of "The Oneida Lake and River Steamboat Company," for the term of twenty years from the passage of this act. to be ma § 3. The affairs of said company shall be conducted by nine Affairs how directors, who shall be stockholders in said company, and naged. shall be annually chosen on the first Tuesday of January in each year, at such place in the village of Brewertown as shall be appointed by the directors. directors. 5. Until the first Tuesday in January in the year one thou- First sand eight hundred and forty-three, Henry Fitzhugh, Robert C. Kenyon, Henry W. Schroeppel, Orsamus Johnson, Curtiss R. Cable, Edward B. Judson, Daniel Pettibone, Cyrus Marble and Noah Wadams, shall be directors of said company and continue to be directors of said company until others shall be chosen according to the provisions of this act. § 2. This act shall take effect immediately. CHAP. 296. AN ACT to amend an act entitled "An act to incorporate the East River Fire Insurance Company of the city of New-York," passed April 24, 1833. Passed April 12, 1842, by a two-third vote. The People of the State of New-York, represented in Senate. and Assembly, do enact as follows: 1. The capital stock of the East River Fire Insurance Capital Company of the city of New-York, is hereby reduced to the stock sum of two hundred thousand dollars, and the par value of its reduced. Name changed. Privileges of persons insuring. Balance struck. shares to twenty dollars each; but any surplus that mny hereafter be realized out of the present assets of the company, beyond the said sum of two hundred thousand dollars, shall nevertheless remain and form a part of its assets. § 2. Said corporation shall hereafter be known by the name and style of "The East River Mutual Insurance Company," and by that name may sue and be sued. 3. Every person who, after this act takes effect, shall insure with said corporation, shall thereby be entitled to a share of the profits of the company, in proportion to the amount of premium paid by him, to be estimated and ascertained as hereinafter described. § 4. The officers of the said company at the expiration of when to be one year from the time that the first policy shall have been iзsued, after this act shall take effect, and within one month thereafter, and within the first month of every subsequent year, shall cause a balance to be struck, of the affairs of the company for the preceding year, in which they shall charge the losses and expenses of that year, together with seven per cent interest upon the capital against the income of the company of the same year. Surplus profits how § 5. If upon such balance being struck, any surplus profits disposed of shall remain, the same shall be credited to the stockholders and to the insured, in proportion to the amount of stock held, and the amount of premiums paid by each respectively. Certificates of credit to § 6. Every stockholder, and every person insured, shall be given. thereupon be entitled to a certificate of the amount so credited to him respectively, which shall be signed by the officers of the company, be subject to all the provisions of this act, and be transferable in the same manner as the shares of the capital stock, and every certificate shall state these conditions thereof. § 7. A like calculation shall be made for every succeeding to be made. year, and the stockholders and persons insured during that year, shall be credited in the like manner. Yearly calculations Provision in case of deficiency § 8. If upon the balance aforesaid being struck, a deficiency should exist in the income of the company to pay the losses, to pay losses expenses and interest, as by the fourth section provided, the certificates which may have been issued, shall be liable for the amount thereof; and if such deficiency shall be equal to, or exceed the amount expressed by such certificates, they shall thereby be cancelled; if such deficiency shall be less, such certificates shall be reduced proportionably. when ratified Estimates § 9. The estimates of the profits and affairs of the company upon which the certificates are issued, reduced or cancelled, conclusive. shall be conclusive upon all persons entitled thereto, when ratified by the board of directors. Fractional parts. § 10. The certificate shall be issued for the fractionable parts of a dollar, but all such fractional sums shall be passed to the contingent account of the company, and applied to the expense thereof: nor any certificate for a less sum than five |