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Art. 20

Corporations for Raising and Breeding Horses.

$$ 283, 284

No races are authorized or shall be permitted except during such period nor except between sunrise and sunset.

Formerly L. 1895, ch. 570, § 3, as am'd by L. 1897, ch. 446, § 1. § 283. Certificate of payment of stock. Except as provided in this article, no corporation or association hereafter organized under this article or heretofore organized in pursuance of law for any purpose authorized by this article, shall have any of the powers conferred by section two hundred and eighty-two hereof until it shall have filed in the office or offices where its certificate of incorporation was filed, a further certificate stating that its canital stock has been fully paid in in cash, and if claiming the right to conduct running race meetings, that it actually maintains a race track of not less than one mile in length or circumference, the location of which shall be specified in such certificate. If such corporation or association was organized after the first day of February, nineteen hundred and two, and it claims the right to conduct running race meetings, the certificate must also have indorsed thereon, or annexed thereto, the approval of the state racing commission. Such certificate shall be executed and acknowledged by its president or vice-president and its treasurer or secretary, and verified by them to the effect that the statements contained in it are true. In the case of racing courses to be used for running races or steeplechases, a license from the state racing commission must also be obtained in the manner hereinafter provided, and such license be filed with such certificate.

Formerly L. 1895, ch. 570, § 4, as am'd by L. 1902, ch. 257, § 2. 8 284. Additional certificates by existing corporations. 1. Any corporation heretofore or hereafter formed under the laws of this state for raising, breeding or improving the breed of horses, or formed or entitled to the benefits or privileges of an act, entitled "An act for the incorporation of associations for the improvement of the breed of horses and to regulate the same and to establish a state racing commission," upon filing a certificate that its capital stock has been fully paid in in cash or property in accordance with the provisions of the law in force at the time of issuance thereof, shall be deemed to have complied with the requirement of any statute or statutes of this state, providing for the filing of a certificate that the capital stock of such corporation has been fully paid in in cash, or requiring the filing of such certificate as one of the conditions upon which any rights or privileges may be obtained under or pursuant to such statute or statutes.

2. Such corporation, its officers, directors and trustees, shall be subject to all other provisions of such statute or statutes, and,

$$285, 286

Corporations for Raising and Breeding Horses.

Art. 20

subject to the conditions and restrictions thereof, shall be entitled to obtain and enjoy all the benefits and privileges thereof with the same force and effect as if such corporation were created by or pursuant to the provisions of such statute or statutes.

Formerly L. 1895, ch. 573, 88 1, 2. § 285. State racing commission. There shall hereafter be a state racing commission, consisting of three persons, to be appointed by the governor, and who shall hold office for the term of five years, no two of whom shall be members of the same racing association. They shall receive no compensation for their services but shall be paid their necessary traveling and other expenses. Such commission shall appoint a secretary, who shall serve during their pleasure, whose duty it shall be to keep a full and faithful record of the proceedings of such commission, preserve at the general office of such commission all books, maps, documents and papers intrusted to his care, prepare for service such papers and notices as may be required of him by the commission, and perform such other duties as the commission may prescribe. He shall have the power, under the direction of the commission, to issue subpænas for witnesses and to administer oaths in all cases pertaining to the duties of his office. The total annual expenses of the state racing commission, including the salary of the secretary, shall not exceed the sum of five thousand dollars. Such expenses shall be paid by the several racing or steeplechase corporations or associations, owning or operating such race tracks, to be apportioned by the comptroller, who shall, on or before the first day of December in each year, assess upon each of such corporations or associations its just proportion of such expenses, and such assessment shall be collected in the manner provided by law for the collection of taxes upon corporations. Such commission shall annually make a full report to the legislature of its proceedings for the year ending with the first day of the preceding December, and such suggestions and recommendations as it shall deem desirable.

Formerly L. 1895, ch. 570, $ 5, as am’d by L. 1896, ch. 380, 1. $ 286. License for running races and steeplechases. Any corporation or association desiring to obtain the benefits of the provisions of section two hundred and eighty-two of this article, if proposing to conduct a race-course or race meeting for running races or steeplechases, may annually apply to the state racing commission for a license to conduct running races and race meetings or steeplechases and steeplechase meetings, as the case may be. If, in the judgment of such commission a proper case for the issuance of such license is shown, it may grant such license, for a term of one year. Every such license shall con

Art. 20

Corporations for Raising and Breeding Horses.

8$ 287, 288

reason

tain a condition that all running races or race meetings conducted thereunder shall be subject to the reasonable rules and regulations, from me to time prescribed by the Jockey club, a corporation organized under the laws of the state of New York, and that all steeplechase meetings or steeplechases shall be subject to the reasonable rules and regulations from time to time prescribed by the National steeplechase association, a corporation organized under the laws of the state of New York. Any rule or regulation of such Jockey club or National steeplechase association may be modified or abrogated by the state racing commission, on giving such Jockey club or National steeplechase association an opportunity to be heard.

Formerly L. 1895, ch. 570, 8 6. § 287. Revocation of licenses. If any corporation or association to which a license shall be granted shall fail or refuse to comply with the provisions of this article, or with the terms and conditions of its license, or if for any other

the continuance of such license shall not be deemed conducive to the interests of legitimate racing, the said commission, upon the complaint of the said Jockey club, in the case of race-courses to be used for running races, or upon the complaint of the said National steeplechase association, in the case of race-courses to be used for steeplechases, shall have the power to cancel and revoke such license. Written notice of such complaint shall be given to such corporation or association by said state racing commission within five days after receiving such complaint, which notice shall specify a time and place of hearing thereon. If the commission cancels and revokes such license all powers exercised under section two hundred and eighty-two of this article by the corporation or association to which such license was granted shall cease and determine.

Formerly L. 1895, ch. 570, 8 7. 8 288. Trotting and fair associations, when entitled to privileges. Any trotting association, incorporated under the laws of the state of New York, and any state, county or other fair association shall be entitled to the privileges conferred by section two hundred and eighty-two of this article upon filing in the offices wherein its certificates of incorporation are filed, a certificate which shall set forth its intention to avail itself of such privileges; and any such trotting association, or state, county or other fair association shall not be required to obtain any license or file any other certificate. State, county and other fair associations entitled to conduct trotting races under the provisions

$$ 289, 290

Corporations for Raising and Breeding Horses.

Art. 20

of this article may also conduct running races in connection therewith, under the same provisions, and the provisions of this article requiring a race track to be of specified dimensions shall not apply to such association; but no running races shall be conducted for more than five days on any track or grounds, unless the license of the state racing commission therefor is first obtained.

Formerly L. 1895, ch. 570, $ 8, as am’d by L. 1896, ch. 380, $ 2. 8 289. Notices to be posted upon grounds. Every corporation to be organized under this article or which shall be entitled to exercise any of the powers conferred by section two hundred and eighty-two shall cause to be properly posted in conspicuous positions upon the grounds whereon such races are held, printed notices or placards in large and legible type, which notices or placards shall be to the effect that all disorderly conduct, poolselling, book-making or any other kind of gambling is prohibited, and such notices or placards shall contain a copy of section nine hundred and eighty-six of the penal law.

Formerly L. 1895, ch.570, $ 9. 8 290. Special policemen. For the purpose of preserving order and preventing offenses against the laws prohibiting gambling, the trustees or directors of any corporation created under the provisions of this article are hereby authorized to appoint from time to time five or more special policemen, and the same to remove at pleasure, who, when appointed, shall be police officers with the same powers within and about such grounds as are vested in constables of the town where such grounds are located, whose duty, when appointed, shall be to preserve order within and around the grounds and race-tracks of said corporation, to protect the property within said grounds, to eject or arrest all persons who shall be improperly within the grounds of such corporation or who shall be guilty of disorderly conduct, or who shall neglect or refuse to pay the fees or to observe the rules prescribed by said corporation; and it shall be the further duty of said policemen, when appointed, to prevent all violations of law with reference to pool-selling, book-making and other gambling, and to arrest any and all persons violating such provisions, and to convey such person or persons so arrested, with a statement of the cause of such arrest, before a magistrate having jurisdiction of such offense, to be dealt with according to law. The appointment of policemen in pursuance of this section shall not be deemed to supersede in any wise on the grounds and race-track of such corporation the authority of peace officers of the jurisdiction within which such grounds and race-track are located.

Formerly L. 1895, ch. 570, 10.

Art. 20

Corporations for Raising and Breeding Horses.

88 291, 292

$ 291. Personal liability of trustees or directors for violations. In the event that the trustees or directors of any corporation or association created pursuant to the provisions of this article shall comply with the foregoing provisions contained in sections two hundred and eighty-nine and two hundred and ninety of this article, then no trustee, director or officer of said corporation shall be personally liable to the imposition of any fine, or to prosecution, or in any other manner held liable for any violation, by any person other than himself, of the provisions of law with reference to pool-selling, book-making or other gambling, unless knowingly permitted by him; nor shall the maintenance of such race-course nor the holding or conducting of races thereon pursuant to the provisions of this article be construed or held tu be violations of any of the provisions of article eighty-eight of the penal law, or of the provisions of any penal statute not contained in said article.

Formerly L. 1895, ch. 570, 8 11. 8 292. Annual tax on gross receipts. A tax of five per centum upon the gross receipts of every corporation, person or persons from every trotting or running race meeting or meetings, held within the state of New York, either under the provisions of this article or otherwise, shall be paid by any person or persons, firm or association or corporation holding such races, or exercising any of the privileges conferred by section two hundred and eighty-two of this article whether the person or persons holding such races are incorporated or not. Such tax shall be annually paid by said person or persons, association or corporation to the comptroller of the state of New York, within fifteen days after the first day of December in each year. The amount collected by virtue of this section shall be appropriated and distributed as provided by section three hundred and ten of the agricultural law. Before any such person or persons, firm, association or corporation liable to pay the tax herein imposed shall hold any trotting or running race or exercise any of the privileges conferred by section two hundred and eighty-two of this article or otherwise, they shall pay all taxes due under this article and theretofore assessed thereon and file a statement with the comptroller containing the name of the place and stating the time when such races are to be held, and shall execute to the people of the state a good and sufficient bond to be approved by the comptroller and filed in his office. The amount of such bond shail be determined by the comptroller and shall be conditioned for the payment of the tax imposed by this section. Any person, persons, firm, association or corporation neglecting or

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