posted 12-22-2010 09:49 AM            

Albany, N. Y.. Jan. 27, 1898—Yesterday Senator Ford introduced in the Senate the following bill in relation to the silver stamping legislation:

AN ACT

IN RELATION TO VIOLATIONS OF THE PROVISIONS F THE PENAL CODE RELATING TO THE MANUFACTURE OR SALE OF SPURIOUS SILVERWARE.

The People of the State of New York, represented in Senate and Assembly do enact as follows:

Section 1. Upon any information against a person, firm, corporation or association for violation of sections three hundred and sixty-four-a, three hundred and sixty-four-b. three hundred and sixty-four-c, three hundred and sixty-four-d, three hundred and sixty-four-e. three hundred and sixty-four-f, three hundred and sixty-four-g, or three hundred and sixty-four-h, of the penal code, the magistrate must issue a summons in substantially the form prescribed in section six hundred and seventy-six, signed by him. with his name of office, requiring the accused to appear before him at a specified time and place to answer the charge; the time to be not more than twenty days after the issuing of the summons.

Section 2. The summons must be served by delivering a copy thereof and showing the original to the defendant; or, if the defendant be a corporation, by delivering a copy thereof and showing the original to the president or other head of the corporation; or, to the secretary, cashier, or managing agent thereof.

Section 3. At the time appointed the magistrate must proceed to investigate the charge, in the manner provided by law for the investigation of a charge against any natural person or corporation brought before him, so far as those proceedings arc applicable, except as provided by sections four, five, six and seven.

Section 4. If it shall appear to the magistrate upon the investigation that the defendant has filed a bond as provided in section five, and that the article of merchandise concerning which the charge is brought was not made or altered in any way by the defendant, and that it was acquired by him in good faith as an article of the standard of purity prescribed in sections three hundred and sixty-four-a, three hundred and sixty-four-b, three hundred and sixty-four c, three hundred and sixty-four-d, three hundred and sixty-four-e, three hundred and sixty-four-f, three hundred and sixty-four-g, or three hundred and sixty-four-h, of the penal code, and without knowledge or information on the part of the defendant to the contrary, the charge must be dismissed and the defendant discharged, provided the person from whom the defendant acquired the article is within the jurisdiction of the court or has likewise filed a similar bond, which bond is in full force and effect at the time of the sale by said defendant, and provided also the defendant furnish to the magistrate an affidavit stating the name, residence and place of business of the person from whom the article was acquired by the defendant, and the circumstances of its acquisition, together with an undertaking with two sufficient sureties, in a sum to be fixed by the magistrate, conditioned for the appearance of the defendant to testify in any prosecution, action, or proceeding against the person from whom the article was acquired, or in any action or proceeding upon the bond given by such person.

Section 5. Any manufacturer of silver ware, or any wholesale or retail dealer in silver ware, upon payment of a fee of fifteen dollars, may file in the office of the Secretary of State a bond, executed by himself as principal, and by a fidelity or surety company authorized by the laws of this State to transact business, or by himself as principal and two sufficient sureties, both of whom must be freeholders, and at least one of whom must be a resident of this State and a freeholder therein, which bond shall be approved by a justice of the Supreme Court, and be subject to the provisions of chapter eight, title six, article fifth, of the code of civil procedure, so far as they are applicable, in the penal sum of five thousand dollars, conditioned for faithful compliance with all the provisions of sections three hundred and sixty-four-a, three hundred and sixty-four-b, three hundred and sixty-four-c, three hundred and sixty-four-d, three hundred and sixty-four-e, three hundred and sixty-four-f, three hundred and sixty-four-g, or three hundred and sixty-four-h of the penal code.

Section 6. Upon satisfactory proof by affidavit to the Attorney General, of a violation of any provision of sections three hundred and sixty-four-a, three hundred and sixty-four-b, three hundred and sixty-four-c, three hundred and sixty-four-d, three-hundred and sixty-four-e, three hundred and sixty-four-f, three hundred and sixty-four-g, or three hundred and sixty-four-h, of the penal code, it shall be his duty to declare the bond provided for in the preceding section forfeited, and to forthwith proceed on behalf of the people of the State of New York to recover, as liquidated damages, the whole of the sum specified therein from the parties thereto, against whom judgment for the entire amount must be rendered upon proof duly made of a violation by the principal of any provision of the said sections of the penal code, unless the principal shall already have been convicted in a criminal prosecution for the same violation. If, however, at any time before the recovery of judgment upon such forfeiture, the principal shall appear before the magistrate who issued such warrant or summons, so that the charge against him may be duly examined and proceeded with criminally, any proceedings before the Attorney General shall be discontinued, and if the bond shall have been meanwhile forfeited, such forfeiture shall be rescinded by the Attorney General, and any subsequent action thereon thereby rendered null and inoperative.

Section 7. Proof of the actual recovery by the people of the State of the whole amount named in a bond given pursuant to the provisions of section five, may be pleaded in bar of any subsequent criminal prosecution for the same violation for which the recovery upon the bond was had.

Section 8. This act shall take effect immediately.

AN ACT

TO AMEND THE PENAL CODE IN RELATION TO STAMPING OR MARKING ARTICLES MANUFACTURED OK SILVER.

The People of the State of New York, represented in Senate and Assemblydo enact as follows:

Section 1. Section three hundred and sixty-four-a of the penal code is hereby amended to read as follows:

364a. Offenses against marking, et cetera, words "silver," "sterling silver," or "solid silver."—Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "sterling" or "sterling silver," or incased or inclosed in any box, package, cover or wrapper, or other thing in, by or with which the said article is packed, inclosed or otherwise prepared for sale or disposition, having thereupon any engraving or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such marking, stamping, branding, engraving or printing that such article is silver, sterling silver, or solid silver, unless nine hundred and twenty-five one-thousandths of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor.

a. Section three hundred and sixty-four-b of the penal code is amended to read as follows:

364b. Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "coin" or "coin silver," or incased or inclosed in any box, package, cover or wrapper, or other thing in, by or with which the said article is packed, inclosed or otherwise prepared for sale or disposition, having thereupon any engraving or printed label, stamp, imprint, mark or trade mark, indicating or denoting by such marking, stamping, branding, engraving or printing that such article is coin or coin silver, unless nine hundred one-thousandths part of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor.

3. The penal code is amended by incorporating therein additional sections between sections three hundred and sixty-four-b and three hundred and sixty-five, to be known as three hundred and sixty-four-c, three hundred and sixty-four-d, three hundred and sixty-four-e, three hundred and sixty-four-f, three hundred and sixty-four-g, and three hundred and sixty-four-h, and to read as follows:

364c. Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise, whose component parts are made of the same metal soldered together, which article is marked, stamped, or branded with the words "sterling" or "sterling silver," unless all of said component parts shall contain not less than nine hundred and twenty-five one-thousandths parts of pure silver, is guilty of a misdemeanor.

364d. Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise, whose component parts are made of the same metal soldered together, which article is marked, stamped, or branded with the words "coin" or "coin silver," unless all of said component parts shall contain not less than nine hundred one-thousandths parts of pure silver, is guilty of a misdemeanor.

364c Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel, or wood to which is applied or attached a metal mounting marked, stamped or branded with the words "sterling" or "sterling silver," unless said applied or attached metal mounting shall contain not less than nine hundred and twenty-five one-thousandths parts of pure silver, is guilty of a misdemeanor.

364L Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise comprised of leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel, or wood to which is applied or attached a metal mounting marked, stamped or branded with the words "coin" or "coin silver," unless said applied or attached metal mounting shall contain not less than nine hundred one-thousandth parts of pure silver, is guilty of a misdemeanor.

364g. Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise comprised of works or movements and a case or covering applied or attached thereto, wholly or partially concealing said works or movements, marked, stamped or branded with the words "sterling" or "sterling silver," unless said case or covering shall contain not less than nine hundred and twenty-five one-thousandths parts of pure silver, is guilty of a misdemeanor.

364b. Any manufacturer or dealer who makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise comprised of works or movements and a case or covering applied or attached thereto wholly or partially concealing said works or movements marked, stamped or branded with the words "coin" or "coin silver," unless said case or covering shall contain not less than nine hundred one-thousandths parts of pure silver, is guilty of a misdemeanor.

4. This act shall take effect immediately.