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under any act of congress for the establishment of a bureau of animal industry or to prevent the exportation of diseased cattle or to provide means for the extirpation and suppression of pleuropneumonia and other contagious diseases among domestic animals and shall co-operate with the authorities of the United States in the enforcement of the provisions of any such act.
$ 70. Rights to federal inspectors.—The inspectors of the bureau of animal industry of the United States shall have the right of inspection, quarantine and condemnation of animals affected with any contagious, infections or communicable disease, or suspected to be so affected or that may have been exposed to any such disease, and for such purposes they may enter upon any ground or premises; they may call the sheriffs, constables and peace officers to assist them in discharge of their duties in carrying out the provisions of any such act; and all sheriffs, constables and peace officers shall assist such inspectors when so requested, and such inspectors shall have the same power and protection as peace officers, while engaged in the discharge of their duties. This state shall not be liable for any damages or expenses caused or made by any such inspectors.
$ 71. Calf carcasses unhealthy or under four weeks old.-No person shall slaughter, for the purpose of selling the same for food, or expose for sale or sell within this state, or bring or cause to be brought into any city, town or village within this state for food any calf or carcass of the same, or any part thereof except the hide, unless it is in good, healthy condition, and was at least four weeks of age at the time of killing. Any person or persons duly authorized by the commissioner of agriculture, may examine any calf or veal found within this state offered or exposed for sale, or kept with intent to sell as food, and if, such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when so killed, he may seize the same and cause it to be destroyed or disposed of in such manner as to make it impossible to be thereafter used as food. (Added by chap. 491 of 1898, $ 1.)
$ 72. Calf carcasses to be tagged.-On and after the passage of this act it shall be unlawful for any corporation, partnership, person or persons to ship to or from any part of this state any carcass or carcasses or a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped in a conspicuous place a tag, that shall stay
See note p. 2710
thereon during such transportation, stating the name or names of the person or persons who raised the calf, the name of the shipper, the points of shipping and the destination and the age of the calf. (Added by chap. 491 of 1898, § 1.)
$ 73. Untagged calf carcasses not to be carried.-On and after the passage of this act, no railroad company, express com. pany, steamboat company or other common carrier, shall carry or receive for transportation any carcass or carcasses of calves, or any part of the same except the hide, unless the said carcass or carcasses of or parts thereof shall be tagged as herein proved. (As added by chap. 491 of 1898, $ 1.)
SUGAR BEET CULTURE.
SECTION 71. Commissioner of agriculture to apportion moneys appropriated
for promotion of sugar beet culture.
76. Apportionment of moneys by commissioner of agriculture. $ 71. Commissioners of agriculture to apportion moneys appropriated for promotion of sugar beet culture.—Money appropriated for the promotion of sugar beet culture by scientific and practical experiment shall be apportioned by the commissioners of agriculture to the persons, firms, associations or corporations entitled hereto, according to the provisions of this article. (Added by chap. 500 of 1897.)
$ 72. Persons, et cetera, to whom moneys may be distributed.—Any person, firm, association or corporation, engaged in the manufacture of sugar from beets grown in the State of New York, upon registration in the office of the commissioner of agriculture, and filing a certificate therein, stating the name of such person, firm, association or corporation, the location of the factory, and the capacity thereof, and the time when the manufacture of sugar began or is to begin, shall be entitled to a distributive share of the amount appropriated for the promotion and encouragement of sugar beet culture, as provided in this article. No such person, firm, association or corporation shall receive any portion of the moneys so appropriated, unless all the beets used in the manufacture of such sugar are grown within the State of
New York, and unless the grower received therefor a net sum of not less than five dollars per ton, to be delivered at such point as may be agreed upon by the grower and the manufacturer, and provided such beets are not grown by the manufacturer of such sugar. No money shall be distributed to such manufacturers, unless the sugar manufactured by them shall contain at least ninety per centum of crystalized sugar. The commissioner of agriculture may expend such sum or sums as he may deem necessary or expedient, not exceeding ten per centum of the amount appropriated for the purposes of this article, in practical and scien. tific experiments in growing sugar beets in one or more sections of this state, for the purpose of determining the adaptability of the soil thereof for the production of sugar beets. (Added by chap. 500 of 1897 and amended by chap. 303 of 1899.)
$ 73. Statements ; inspections, branding of packages.—The quantity and quality of sugar upon which said money is to be paid shall be determined by the commissioner of agriculture of this state, with whom all claimants shall, from time to time, file verified statements showing the quantity and quality of sugar manufactured by them, the price paid the producer for beets and upon which said money is claimed. The said commissioner shall, without unnecessary delay, visit or cause to be visited by such persons as he shall designate in writing, the factory vhere said sugar has been produced or manufactured, and take such evidence by the sworn testimony of the officers or employes of such factory or others, as to the amount and quality of sugar so manufactured, and the price paid for beets as to him or the person so designated by him shall appear satisfactory and conclusve. The sugar so manufactured shall be placed by the manufacturer in original packages, which shall be examined and branded by the said commissioner or person by him designated, with a suitable brand, showing the quantity and the quality of sugar contained in each of said packages, of which an accurate account shall be kept by said inspector, and filed in the office of the commissiner of agriculture of this state. (Added by chap. 500 of 1897.)
$ 74. Inspectors, to be appointed by commissioner.-It shall be the duty of the commissioner of agriculture to appoint a resident inspector in each town or city where one or more manufactories of sugar may be located in this state, the aggrega:e output of which factories shall exceed two thousand pounds of sugar per day, and such examiner shall make such examinations take
such evidence and make such records and reports as is specified in section two of this act. The compensation or fee for such service of said inspector shall not exceed the sum of twenty-five cents for each package so branded, nor the sum of five dollars per day for any one day's service, and such resident inspector shall be required to give a good and sufficient bond in the sum of not less than two thousand dollars to the state of New York, contingent on the faithful performance of his duties, said bond to be approved by the said commissioner of agriculture. Said fees or compensation, together with the cost of said brand and any and all analysis that the said commissioner of agriculture or other authorized inspector shall require to be made, shall be borne and paid by the claimant of said money. (Added by chap. 500 of 1897.)
$ 75. Weighman, powers and duties.— It shall be the duty of the commissioner of agriculture to appoint at each sugar manufactory in this state where the output of such manufactory shall exceed two thousand pounds of sugar per day, a person who shall weigh all beets received by the person or persons, corporation or association operating said manufactory. Such person shall be known as the weighman, and he shall keep accurate record of all duties performed by him. He shall discharge all duties pertaining to his position in an impartial manner, and shall furnish the commissioner of agriculture with a good and sufficient bond in the sum of two thousand dollars for the faithful discharge of his duties as prescribed by this act. The commissioner of agriculture may appoint such person or persons to assist said weighman as the service to be performed may require. Each person so appointed shall give bond as provided by this section. The weighman shall take into his possession, promptly on receipt of beets at such manufactory, such samples of beets as he deems fair and equitable, from which to remove dirt or other dockage. He shall then promptly weigh all beets from which samples have been taken and keep an accurate record of all weights, and all of such records shall show the names of both the seller and the buyer. The weights furnished by said weighman shall be accepted by both the seller and the buyer, and upon such weights so fur. nished settlement between the seller and the buyer shall be made. The compensation or fee allowed such weighman shall not exceed the sum of five dollars per day for time actually employed and for his assistants a sum not to exceed three dollars per day for
the time actually employed. All expenses arising from the duties of said weighman or his assistants, as prescribed by this act, shall be paid by the person or persons, corporation or association operating such manufactory where such expense is incurred. The foregoing provisions of this section as to weighing shall not apply to such beets as are weighed by agreement of the buyer and seller at the station of shipment, but the weighing in such cases shall be done by persons appointed by the commissioner of agriculture and the expense of such weighing shall be borne as pro vided in this act. (Added by chap. 500 of 1897 and amended by chap. 101 of 1899.)
$ 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 money so appropriated according to the amount of sugar of the grade described in this article manufactured by each of them, during the preceding year. Not more than one cent a pound shall be paid in any one year on account of the sugar so manufactured. 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. (Added by chap. 500 of 1897.)
SECTION 80. The prevention of disease among bees.
81. Duties of the commissioner. 82. The prevention of disease in fruit trees, and the extirpation of
insects that infect the same. 83. Appointment and duties of the agent of the commissioner of
agriculture. 84. Repealed. 85. The New York agricultural experiment station. 86. The state weather bureau. 87. The agricultural experiment station at Cornell University.