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Agricultural Law (L 1893, ch. 338), S 83.
prietor of the said stock thus examined a certificate setting forth the fact that the stock so examined is apparently free from any and all such disease or diseases, pest or pests. Should any nurseryman, agent or dealer or broker send out or deliver within the state, trees, vines, shrubs, plants, buds or cuttings, commonly known as nursery stock, and which are subject to the attacks of insects and diseases above provided for, unless he has in his possession a copy of said certificate, dated within a year thereof, deface or destroy such certificate, or wrongfully be in possession of such certificate, he shall be guilty of a misdemeanor. All nursery stock consigned for shipment, or shipped by freight, express or other means of transportation, shall be accompanied by a copy of said certificate attached to each car, box, bale, bundle or package. Any person consigning for shipment or shipping nursery stock as above without such certificate attached shall be guilty of a misdemeanor. All transportation companies within this state receiving or carrying nursery stock from any point without the state to any point within the state shall immediately, upon receiving such consignments, notify the commissioner of agriculture of the fact that such consignment is in their possession, giving the name of the consignor and consignee, and the point of destination of such consignment. All trees, plants, shrubs, buds or cuttings, commonly called nursery stock, grown in any nursery in this state, in which San José scale has been found within two years of the date of the dissemination of said nursery stock or grown in said nursery within one-half a mile of where said scale was found, and also all nursery stock from outside of this state, disseminated or planted in this state, after the first day of July, nineteen hundred and two, must be fumigated with hydrocyanic gas, in such manner as may be directed by the commissioner of agriculture of this state. Such fumigation must be done by the grower, consignor or consignee of such stock before planting, dissemination or reshipment, except such trees, shrubs, plants, buds or cuttings grown in this state as are planted . by the grower or propagator for himself, or such as from its nature or state of growth would be exempt; in such cases the said commissioner shall declare such trees, shrubs, plants, buds or cuttings free from such treatment. All nursery stock brought into this state from outside of this state must be accompanied by a certificate from the consignor that it has been fumigated as aforesaid. Should any such stock arrive without such certificate, the transportation company delivering it shall at once notify the said commissioner to that effect. The
Agricultural Law (L. 1893, ch. 338), § 85.
consignee shall also at once notify him of that fact, and shall proceed to fumigate said stock, as directed by the commissioner of agriculture without delay. Should any nursery stock purchased within one year be found infested with San José scale on the premises of any nurseryman, it shall not be considered such an infestation as to require the fumigation of other stock not so purchased. The words“ nursery stock ” wherever used in this article shall apply to and include all trees, shrubs, plants, buds, willow grown for nursery, baskets, or other commercial purposes or cuttings, whether grown in a nursery or elsewhere so far as it relates to fumigation. The provisions of this and the preceding section shall not apply to florist green house plants, flowers or cuttings commonly known as green house stock, and no certificate shall be required for shipment of native stock collected in the United States, not grown in nurseries, nor to stock so shipped into the state that its sale and shipment become either interstate commerce traffic or commerce with foreign nations. (Amended by L. 1895, ch. 134; L. 1898, ch. 482; L. 1901, ch. 417; L. 1902, ch. 27, and L. 1902, ch. 519, in effect April 10, 1902.)
$ 85. The New York agricultural experiment station. The institution known as the New York agricultural experiment station, located in the city of Geneva, for the purpose of promoting agriculture in its various branches by scientific investigation and experiment, shall continue under the control and management of a board of trustees. Such board of trustees shall be known as the board of control of the New York agricultural experiment station and shall consist of nine members, except as hereinafter provided. The governor and commissioner of agriculture shall be members of the board by virtue of their offices. The governor shall appoint the other seven members of such board, whose term of office shall be three years, provided, however, that the present members of the board of control shall continue in office until the expiration of the terms to which they were appointed. Such board of control, of which five members shall constitute a quorum, shall hold an annual meeting and such other meetings from time to time as they may deem,necessary and shall annually, elect a president from their own number, and appoint a secretary and treasurer, to ļold their offices during the pleasure of the board. Such board of control shall have general management of the station and shall appoint a director to have oversight and management of the experiments and investigaAgricultural Law (L. 1893, ch. 338), & 88. tions and other scientific and expert work which shall be deemed necessary to accomplish the objects of said institution, and such board may employ competent and suitable chemists and other experts and persons necessary for carrying on the work of the station, and shall fix the compensation of all persons connected with the work of said station. Said station shall, besides conducting experiments and investigations for the promotion of agricultural science, perform and report to the commissioner of agriculture such analyses and other expert scientific work as said commissioner may request as necessary for the administration of the agricultural law, and the salaries and other expenses incurred by reason of such analyses and other expert scientific service shall be paid from funds provided to said station for the express purpose of aiding in enforcing the agricultural law. Said board of control shall publish or cause to be published, from time to time, bulletins and reports giving the results of the experiments and investigations conducted by said station for the promotion of agriculture in its various branches, together with such other information as may promote the purposes and welfare of said institution. Such board shall have direction of the expenditure of all moneys appropriated to said station, the director shall annually on or before the fifteenth day of December make a full report to the board of the work accomplished by said station, which report, together with a statement of the receipts and expeditures for the year ending the thirtieth day of September then next preceding, and such other statements as may seem desirable, the board shall transmit to the commissioner of agriculture on or before the first day of January next succeeding, and said report shall constitute part of the annual report of the commissioner of agriculture. No member of said board shall receive any compensation for his services as such, but shall be paid his necessary traveling expenses and those expenses incurred by him by an actual attendance upon the meetings of such board. The board shall make such rules and regulations as may from time to time become necessary to carry out the objects of the station. (Amended by L. 1894, ch. 675, and L. 1904, ch. 439, in effect April 27, 1904.)
§ 88. Receipts and apportionment of moneys for the promotion of agriculture.-- Of all the moneys already appropriated, or hereafter appropriated, for the promotion of agriculture in any one year, and all the revenues which have been, or shall be received by the comptroller, and all the moneys received by him from the tax
Agricultural Law (L. 1893, ch. 338), & 88.
collected from racing associations pursuant to chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, and chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, and all acts amendatory thereto, or hereafter otherwise collected from racing associations, corporations, or clubs, shall constitute a fund, which shall be annually disbursed on behalf of the state for improving the breed of cattle, sheep and horses at the various fairs throughout the state, and shall be apportioned and distributed as hereinafter prescribed, among all the various county agricultural societies, the American Institute of the City of New York, and among the other various town or other agricultural societies, or agricultural fair associations, or agricultural expositions, or agricultural clubs which have received moneys from the state during either one of the three years, nineteen hundred, nineteen hundred and one, or nineteen hundred and two under and by virtue of sections eighty-eight, or eighty-nine of the agricultural law as it then existed. Such apportionment and distribution shall be made by the commissioner of agriculture in the following manner: Of such moneys already appropriated, or hereafter appropriated, there shall be apportioned and distributed to such county agricultural societies, American Institute of the City of New York, and such various town or other agricultural societies, or agricultural club, or agricultural fair associations, or agricultural expositions, hereinbefore mentioned in proportion to the actual premiums paid during the previous year by such agricultural societies, agricultural fair associations, agricultural expositions, agricultural club, and the American Institute of the City of New York, exclusive of the premiums paid for trials and tests of speed, skill and endurance of man or beast. No such American Institute of the City of New York, or such county agricultural society, or such town or other agricultural society, or such agricultural fair association, or such agricultural exposition, or such agricultural club shall receive any more moneys under the provisions of this act, in any one year, than it actually paid out in premiums the next preceding year, exclusive of the premiums paid for trials, or tests of speed, skill or endurance of man or beast, and in no event shall any such American Institute of the City of New York, or such county agricultural society, or such town or other agricultural society, or such agricultural fair association, or such agricultural exposition, or such agricultural club receive under the provisions of this act, in any one year for premiums hereafter to be paid by any society, association, club, or exAgricultural Law (L. 1893, ch. 338), S 88. position, any sums of money exceeding four thousand dollars. Any such county agricultural society, town or other agricultural society, or agricultural club or fair association, or agricultural exposition, organized under the laws of the state of New York, which shall fail or neglect to hold annual fairs, and file their annual reports as provided by this act, with the commissioner of agriculture, as herein provided, for two consecutive years shall forfeit all of their chartered rights, including any privileges or moneys they might thereafter otherwise be entitled to under the provisions of this act. All agricultural clubs, societies, agricultural fair associations, agricultural expositions, or the American Institute of the City of New York, entitled to receive any portion of the moneys appropriated by the state must hereafter on or before the fifteenth day of December, in each year file a statement, duly verified by the president and treasurer or secretary, showing the amount of premiums paid at the last annual fair, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast, which statement together with vouchers for moneys paid as premiums shall be filed in the office of the commissioner of agriculture, otherwise such society, fair association, exposition, club, or the American Institute of the City of New York, shall forfeit its right to participate in the distribution of such moneys for premiums paid for such year. No other agricultural society now or hereafter organized which is not entitled to receive moneys under the agricultural law as hereby amended, except a county agricultural society shall be entitled to receive any moneys under the provisions of this act, until it shall have first filed annual reports in the office of the commissioner of agriculture, as hereinbefore provided, and paid in actual cash premiums for agricultural, mechanical and domestic products at least fifteen hundred dollars a year for three successive years, exclusive of the premiums paid for trials, or tests of speed, skill or endurance of man or beast. When any such other agricultural society has filed such annual reports and paid such premiums for three successive years as herein provided and to the satisfaction of the commissioner of agriculture, then the said commissioner of agriculture may thereafter allow such society to draw moneys under, and by virtue of the provisions of this act. Any agricultural society, agricultural club or agricultural exposition which shall knowingly permit any immoral, lewd, obscene or indecent show or exhibition, use, or knowingly permit the use of any gambling device, device, instrument or contrivance in the operation of which bets are laid or