Agricultural Law (L. 1893, ch. 338), §§ 70g, 78, 80.

$ 70g. Receiving veal for shipment by common carriers.— On and after the passage of this act, no railroad company, express company, steamboat company, or other common carrier, shall carry or receive for transportation any carcass or carcasses or calves, or any part of the same except the hide, unless the said carcass or carcasses or parts thereof shall be tagged as herein provided. (Added by L. 1902, ch. 30, in effect Feb. 19, 1902.)

§ 71. Sale of calves, etc. (C. & G. Gen. Laws, etc., p. 185.)

Penalties. Assuming that sections 71-74 of the Agricultural Law was repealed by L. 1901, ch. 321, which is a matter of doubt, all penalties incurred prior thereto may be enforced notwithstanding such assumed repeal. Statutory Construction Law, section 31, applies to future legislation and saves the right to begin an action to enforce such penalties. People v. Jackson, 36 Misc. 282, 73 N. Y. Supp. 461.

§ 76. Distribution of moneys by commissioner of agriculture. On or before the first day of February in each year the commissioner of agriculture shall prepare a detailed statement of the quantity of sugar manufactured by each person, firm or association or corporation entitled to receive a portion of the moneys appropriated for the promotion and encouragement of sugar beet culture. He shall apportion to each such person, firm, association or corporation the moneys so appropriated according to the amount of sugar of the grade described in this article manufactured by each of them, during the preceding year. One-half of one cent a pound shall be paid on account of the sugar so manufactured during the season of nineteen hundred and two, one-half of one cent a pound shall be paid on account of the sugar so manufactured during the season of nineteen hundred and three, and one-half of one cent a pound shall be paid for the sugar so manufactured during the season of nineteen hundred and four. Such commissioner of agriculture shall certify to the comptroller the amount apportioned to each manufacturer of sugar according to the provisions of this article; and the comptroller shall draw his warrant upon the state treasurer for the amount so certified, payable to the party or parties to whom such apportionment was made. (Inserted by L. 1897, ch. 500, and amended by L. 1902, ch. 240, in effect March 26, 1902.)

§ 80. The prevention of disease among bees.- No person shall keep in his apiary any colony of bees affected with a conta

Agricultural Law (L. 1893, ch. 338), §§ 80a, 80b, 81.

gious malady known as foul brood or black brood; and every beekeeper when he becomes aware of the existence of either of such diseases among his bees, shall immediately notify the commissioner of agriculture of the existence of such disease. (Amended by L. 1899, ch. 223, and L. 1902, ch. 214, in effect March 26, 1902.)

§ 80a. Defining honey. The terms "honey," "liquid or extracted honey," "strained honey," or "pure honey," as used in this act shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. (Added by L. 1902, ch. 214, in effect March 26, 1902.)

§ 80b. Relative to selling a commodity in imitation or semblance of honey.- No person or persons shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey," " liquid or extracted honey," "strained honey" or "pure honey" which is not pure honey. No person or persons firm, association, company or corporation, shall manufacture, sell, expose or offer for sale any compound or mixture branded or labeled as and for honey which shall be made up of honey mixed with any other substance or ingredient. There may be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word "honey," unless such article is pure honey. (Added by L. 1902, ch. 214, in effect March 26, 1902.).

§ 81. Duties of the commissioner. The commissioner of agriculture shall immediately upon receiving notice of the existence of foul brood or black brood among the bees in any locality, send some competent person or persons to examine the apiary or apiaries reported to him as being affected, and all the other apiaries in the immediate locality of the apiary or apiaries. so reported: if foul brood or black brood is found to exist in them, the person or persons

Agricultural Law (L. 1893, ch. 338), § 82.

so sent by the commissioner of agriculture shall give the owners or caretakers of the diseased apiary or apiaries full instructións how to treat said cases. The commissioner of agriculture shall cause said apiary or apiaries to be visited from time to time as he may deem best and if, after proper treatment, the said bees shall not be cured of the diseases known as foul brood or black brood then he may cause the same to be destroyed in such manner as may be necessary to prevent the spread of the said diseases. For the purpose of enforcing this act, the commissioner of agriculture, his agents, employes, appointees or counsel, shall have access, ingress and egress to all places where bees or honey or appliances used in apiaries may be, which it is believed are in any way affected with the said disease of foul brood or black brood or where it is believed any commodity is offered or exposed for sale in violation of the provisions of this act. No owner or caretaker of a diseased apiary, honey or appliances shall sell, barter or give away any bees, honey or appliances from said diseased apiary, which shall expose other bees to the danger of said diseases, nor refuse to allow the said commissioner of agriculture, or the person or persons appointed by him to inspect said apiary, honey, or appliances, and do such things as the said commissioner of agriculture or the person or persons appointed by him shall deem necessary for the eradication of said diseases. Any person who disregards or violates any of the provisions of this section is guilty of a misdemeanor and shall the punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than one month nor more than two months, or by both fine and imprisonment. (Amended by L. 1899, ch. 223, and L. 1902, ch. 214, in effect March 26, 1902.)

§ 82. The prevention of disease in fruit trees and the extirpation of insect pests that infest the same.-- No person shall knowingly or wilfully keep any peach, almond, apricot or nectarine trees affected with the contagious disease known as yellows. No persons shall knowingly or wilfully keep any peach tree affected with the disease known as little peach. Nor shall any person knowingly or wilfully keep any plum, cherry or other trees affected with the contagious disease or fungus known as black knot nor any tree, shrub or plant infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of the trees, shrubs or other plants; every such tree, shrub or plant shall be a public nuisance.

Agricultural Law (L. 1893, ch. 338), § 82.

and as such shall be abated and no damage shall be awarded for entering upon premises upon which there are trees, shrubs or plants infected with yellows, little peach or black knot or infested with San Jose scale, for the purpose of legally inspecting the same, nor shall any damage be awarded for the destruction by the commissioner of agriculture, or his duly authorized agents, or representatives, of such trees, shrubs or plants, or altogether destroying such tree, if necessary to suppress such disease, if done in accordance with the provisions of this article, except as otherwise herein provided. Every person, when he becomes aware of the existence of such disease or insect pest in any tree owned by him, shall forthwith report the same to the commissioner of agriculture at Albany, New York, and the said commissioner shall take such action as the law provides. If in the judgment of said commissioner of agriculture or the person or persons representing him, the trees, shrubs or other plants so infected, infested or diseased should be destroyed, then such destruction shall be carried on and completed under the supervision of the commissioner of agriculture or the person or persons duly appointed by him and authorized so to do, without unnecessary delay, but the owner of the trees, shrubs or plants shall be notified immediately upon its being determined that such trees, shrubs or plants should be destroyed by a notice in writing signed by said commissioner or the person or persons representing him, which said notice in writing shall be delivered in person to the owner of such trees, shrubs or plants, or left at the usual place of residence of such owner, or if such owner be not a resident of the town, by leaving such notice with the person in charge of the premises, trees, shrubs or plants or in whose possession they may be; such notice shall contain a brief statement of the facts found to exist whereby it is deemed necessary to destroy such trees, shrubs or plants, and shall call attention to the law under which it is proposed to destroy them, and the owner shall within ten days from the date upon which such notice shall have been received, remove and burn all such diseased or infested trees, shrubs or plants. If, however, in the judgment of the commissioner of agriculture, any trees, shrubs or plants infected with any disease or infested with dangerously injurious insects can be treated with sufficient remedies, he may direct such treatment to be carried out by the owner under the direction of the commissioner's agent or agents, any person refusing or failing to comply with the directions of the commissioner of agriculture or his duly authorized agents in carrying on the work

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Agricultural Law (L. 1893, ch. 338), § 83.

of extirpating dangerously injurious insect pests and fungus or other diseases, shall be guilty of a misdemeanor. In case of objections to the findings of the inspector or agent of the commissioner of agriculture, an appeal shall be made to the commissioner of agriculture, whose decision shall be final. An appeal must be taken within three days from service of said notice, and shall act as a stay of proceedings until it is heard and decided. When the commissioner of agriculture, or the person or persons appointed by him, shall determine that any tree or trees, shrubs or other plants must be treated or destroyed forthwith, he may employ all necessary assistants for that purpose, and such person or persons, agent or agents, employe or employes, may enter upon any or all premises in any city or town necessary for the purposes of such treatment, removal or destruction. (Amended by L. 1898, ch. 482, L. 1902, chs. 27 and 519, and L. 1903, ch. 20, in effect March 6, 1903.)

§ 83. Appointment and duties of the agent of the commissioner of agriculture. When the commissioner of agriculture knows or has reason to believe that any such contagious disease exists, or that there is good reason to believe that it exists, or danger is justly apprehended of its introduction in any town or city in the state, or that any dangerously injurious insect pest exists within this state, and has reason to believe that danger may be justly apprehended from its existence, he shall forthwith send some competent person and such agent or agents as he may deem necessary to assist extirpating said pest or pests, disease or diseases, and the said commissioner of agriculture is hereby authorized and empowered to take such steps and do whatever may be deemed necessary to so control or prevent the spread or extirpate said pest or pests, disease or diseases, and he shall cause an examination to be made at least once each year, prior to September first, of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock, are grown for sale, for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infected with any such contagious disease or diseases, or infested with such pest or pests. If after such examination it is found that the said trees, shrubs or other plants so examined are free in all respects from any such contagious or infectious disease or diseases, dangerously injurious pest or pests, the said commissioner or his duly authorized agent or other person designated to make such examination, shall thereupon issue to the owner or pro