If a summoned, and the manner in which each was notified. sufficient number of competent jurors do not attend, the court must direct to be summoned from the said list so furnished by the commissioner of jurors a sufficient number to complete the jury, by a marshal or a person deputed for that purpose. The balance containing the names of the jurors summoned and not drawn, or excused from serving, must be returned by the clerk to the undrawn jury box, to be drawn as in the first instance. The balance containing the names of the jurors who served must be placed in a box, to be called the drawn jury box, containing a minute thereof of the date of their service, and left until all the other names have been drawn, and as often as that happens, the whole number must be returned to the undrawn jury box, as in the first instance. The judge presiding in said court may impose a fine of twenty-five dollars upon each person duly drawn and notified to attend the court as trial juror, who fails to attend as required by the notice. The clerk of the court must, within ten days thereafter, issue a warrant under the seal of the court, directed to a marshal of said court, commanding him to collect from the person therein mentioned said sum and to pay the same when collected to the treasurer of the city of Buffalo. The marshal shall execute such warrant in the manner provided by the judiciary law. A clerk who violates any of the provisions of this section forfeits one hundred dollars for each offense, to be paid to said treasurer of the city of Buffalo. § 344-gg. Summons. When a complaint, oral or written, is made to the judge of this court and he is not satisfied that a crime has been committed, but believes that in the public interest he should inquire into and investigate the complaint so made, he may issue a summons which shall be substantially in the following form, the blanks to be properly filled: In the name of the people of the state of New York: this day by. .complaint having been made to me ....that you (here briefly state nature of offense in regard to which complaint is made). You are hereby summoned to appear before me in the children's court of Buffalo at No.. ....in said city ..nineteen hundred on. and. day of ... .to the end that an investigation may be made of said complaint; and upon your failure to appear at the time and place mentioned, you are liable to a fine not exceeding twentyfive dollars. 2. Upon said summons shall be indorsed the name of the complainant and of the person summoned and also a brief description of the offense complained of. 3. Such summons may be served by the complainant, or by a peace officer, or by any other person designated by the judge. 4. Upon the return of the summons the judge shall inquire and investigate into the subject matter of the complaint and determine whether the case is one in which a warrant should issue. 5. If the person summoned does not appear such failure to appear shall constitute contempt and may be punished by the judge by a fine not exceeding twenty-five dollars. 6. A record shall be kept of the issuance and disposition of such summons in such manner as the rules of the court may provide; and the court may by rule from time to time change the form of said summons. ch. 105, as added repealed. § 344-hh. Repeal. Title twenty-five of chapter one hundred L. 1891. and five of the laws of eighteen hundred and ninety-one, entitled tit. 25 'An act to revise the charter of the city of Buffalo,' by chapter six hundred and fifty-one of the laws of nineteen hundred and eleven, and acts amendatory thereof, is hereby repealed. § 2. This act shall take effect immediately. CHAPTER 386 AN ACT to amend section three hundred and eighty-four of the charter of the city of Buffalo, relating to the place of trial of actions against said city. Became a law April 8, 1925, with the approval of the Governor. Passed by a two-thirds vote on emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three hundred and eighty-four of chapter L. 1914, two hundred and seventeen of the laws of nineteen hundred and ch. 217, 8 384 fourteen, entitled "An act to provide a charter for the city of amended. Buffalo," is hereby amended to read as follows: city. § 384. No person shall be incompetent to act as judge, justice, Actions by commissioner, referee, juror or witness by reason of his being a or against resident or freeholder of the city, in any action or proceeding to which the city is a party, or in which it is interested. The place of trial of any action against the city shall be the county of Erie. § 2. This act shall take effect immediately. 1 Following sentence new. § 115a added to L. 1909, ch. 570. L. 1909, ch. 25, & 360 amended. CHAPTER 387 AN ACT to amend chapter five hundred and seventy of the laws of nineteen Became a law April 8, 1925, with the approval of the Governor. Passed The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," is hereby amended by adding a new section, to follow section one hundred and fifteen, to be section one hundred and fifteen-a, to read as follows: § 115-a. Power to commit drug addicts. In addition to the jurisdiction cenferred on courts of record by section one hundred and seventy-three, one hundred and seventy-four, one hundred and seventy-five and one hundred and seventy-six of the insanity law, such court, on the arrest by any peace officer of any person for unlawfully using opium, morphine, cocaine, eucaine, heroin, or any of their derivatives, or any other habit forming drug or substance, or on information that any person is using the same, may after a hearing commit such person to any hospital supported by the city, to be detained therein for a period, not exceeding one year, or for such period less than a year as may be necessary, in the judgment of the physician in charge of such hospital, for the proper treatment and cure of such person; and any hospital supported by the city is authorized to receive and treat any person so committed. § 2. This act shall take effect immediately. CHAPTER 388 AN ACT to amend the general business law, in relation to the registration and trademark protection of vinegar containers. Became a law April 8, 1925, 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. Sections* three hundred and sixty, of chapter twentyfive of the laws of nineteen hundred and nine, entitled "An act relating to general business, constituting chapter twenty of the consolidated laws," as amended by chapter three hundred and fifty-three of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: * So in original. [Evidently should be "Section."] § 360. Trade marks on bottles, siphons, tins, kegs or cans. Any person or corporation engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, vinegar,1 compounds or mixtures, in bottles, siphons, tins, kegs or cans, with his or its name or other marks or devices branded, stamped, engraved, etched, blown, embossed, impressed or otherwise produced upon such bottles, siphons, tins, kegs or cans, or the boxes used by him or it, may file in the office of the clerk of the county in which his or its principal place of business is situated, or if such person or corporation shall manufacture or bottle out of this state, then in any county in this state, and also in the office of the secretary of state, a description of the name, marks or devices so used by him or it, and cause such description to be printed once in each week, for three weeks successively, in a newspaper published in the county in which said. notice may have been filed as aforesaid, except that in the boroughs of Manhattan and Brooklyn in the city of New York, such publications shall be made twice in each week for three weeks successively in two daily newspapers published in such boroughs, respectively, and he shall thereupon be deemed the proprietor of such name, mark or device and of every vessel or receptacle upon which it may be branded, stamped, engraved, etched, blown, impressed, embossed, or otherwise produced. subd. 1 § 2. Subdivision one of section three hundred and sixty-two of § 362, such chapter, as amended by chapter three hundred and fifty- amended. three of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: ized use of other con 1. It is hereby declared to be unlawful for any person or corpora- Unauthortion to fill with soda waters, mineral or aerated waters, porter, ale, marked cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss bottles and beer, white beer, or other beverages, or with medicine, medical tainers. preparations, perfumery, oils, vinegar,1 compounds or mixtures, any bottle, box, siphon, tin, keg or can so marked or distinguished as aforesaid, with or by any name, mark or device, of which a description shall have been filed and published, as provided in section three hundred and sixty, or to deface, erase, obliterate, cover up or otherwise remove or conceal, any such name, mark or device thereon, or to sell, buy, use, give, take or otherwise dispose of or traffic in the same, or, as to cans, in the covers of such cans when the same are so sold, bought, used, given, taken, or otherwise disposed of, or trafficked in, otherwise than in conjunction with and as a part of such cans, provided such covers are so marked or distinguished, without the written consent of, or unless the same have been purchased from the person or corporation whose mark or device shall be or shall have been in or upon the bottle, box, siphon, tin, keg or can so filled, trafficked in, used or handled as aforesaid. Any person or corporation offending against the provision of this sub- Punish1 Word " vinegar" new. ment. 363, subd. 1 amended. Presumptive evidence of unlawful use. $364, subd. 1 amended. Search warrant to division shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment not less than ten days nor more than one year, or by a fine of five dollars for each and every can, and fifty cents for each and every such bottle, box, siphon, tin, keg or can cover so filled, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, and for each subsequent offense by imprisonment not less than twenty days nor more than one year, or by a fine of not less than seven dollars and fifty cents nor more than ten dollars for each can, nor less than one dollar, nor more than five dollars, for each and every such bottle, box, siphon, tin, keg or can cover, so filled, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, in the discretion of the magistrate before whom the offense shall be tried. § 3. Subdivision one of section three hundred and sixty-three of such chapter, as amended by chapter three hundred and fiftythree of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: 1. The use by any person other than the person or corporation whose device, name or mark shall be or shall have been upon the same without such written consent or purchase as aforesaid, of any such marked or distinguished bottle, box, siphon, tin, keg, cans or can covers, a description of the name, mark or device whereon shall have been filed and published, as herein provided, for the sale therein of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer or other beverages, or any article of merchandise, medicines, medical preparation, perfumery, oils, vinegar,2 compounds, mixtures or preparations, or for the furnishing of such or similar beverages to customers, or the buying, selling, using, disposing of or trafficking in any such bottles, boxes, siphons, tins, kegs, cans or can covers, by any person other than said persons or corporations having a name, mark or device thereon of such owner without such written consent, or the having by any junk dealer or dealers in second-hand articles, possession of any such bottles, boxes, siphons, tins, kegs, cans or can covers, a description of the marks, names or devices, whereon shall have been so filed and published as aforesaid, without such written consent, shall, and is hereby declared, to be presumptive evidence of the said unlawful use or purchase of and traffic in such bottle, boxes, siphons, tins, kegs, cans or can covers. § 4. Subdivision one of section three hundred and sixty-four of such chapter, as amended by chapter three hundred and fifty-three of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: 1. Whenever any person or corporation mentioned in section discover three hundred and sixty or his or its agent shall make oath before containers, any magistrate that he or it has reason to believe, and does believe, that any of his or its bottles, boxes, siphons, tins, kegs, cans 2 Word "vinegar" new. etc., unlawfully used. |