in his judgment such animal is affected with a specified infectious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof specifying the reasons for such necessity.

The com

§ 65. Regulations and the enforcement thereof. missioner may prescribe such regulations as in his judgment may be thought suited for the suppression or prevention of the spread of any such disease, and for the disinfection of all premises, buildings, railway cars, vessels and other objects from or by means of which infection or contagion may take place or be conveyed. He may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises.

$66. Penalties. Any person violating, disobeying or disre garding the terms of any notice, order or regulation, issued or prescribed by the commissioner under this article, shall forfeit to the people of the state the sum of one hundred dollars for every such violation.

§ 67. Expenses. All expenses incurred by the commissioner. in carrying out the provisions of this article and in performing the duties herein devolved upon him shall be audited by the comptroller as extraordinary expenses of the department of agriculture, and paid out of any moneys in the treasury appropriated for such purposes.

§ 68. Compensation to owners of animals destroyed. The actual value at the time they are killed of any animals slaughtered under the provisions of this article, shall be paid to the owners of such animals. For the purpose of ascertaining and determining such value, the commissioner, or any agent appointed by him under this article, shall appoint one appraiser, the owner of the animals

killed shall appoint another, and the two thus appointed shall select a third, and the three shall appraise the amount to be paid to the owner of the animals. The board of claims shall have exclusive jurisdiction to hear, audit and determine all claims which shall arise under the provisions of this article for compensation for animals slaughtered, and to allow thereon such sums as should be paid by the state. No compensation shall be made to any per son who has willfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by willful neglect, has contributed to spread the disease sought to be suppressed or prevented.

§ 69. Federal regulations. The commissioner of agriculture may accept, in behalf of the state, the rules and regulations prepared and adopted by the commissioner of agriculture or the secre tary or department of agriculture of the United States, 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 pleuro-pneumonia 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 of 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, infectious or communicable disease, or sus pected 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 powers 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 such inspectors.

ARTICLE V.

MISCELLANEOUS PROVISIONS.

Section 80. The prevention of diseases among bees.
81. Proceedings of the agent of the commissioners.

82. The prevention of disease in fruit trees.

83. Appointment and duties of the agent of the commissioner of agriculture.

84. Proceedings in case of owner's failure to destroy.

85. The New York agricultural experiment station.

86. The state weather bureau.

87. The agricultural experiment station at Cornell university.

88. Receipts and apportionment of state moneys appropriated for the promotion of agriculture.

89. When agricultural societies entitled to additional sums from the state.

90. Annual report of the commissioner of agriculture and state

society.

80. The prevention of diseases among bees. No person shall keep in his apiary any colony of bees affected with a contagious malady known as foul brood and every bee-keeper, when he becomes aware of the existence of such disease among his bees, shall destroy or cause to be destroyed forthwith all colonies thus affected. In any county any five or more actual bee-keepers of the county in which foul brood exists, may present to the commissioner of agriculture a petition setting forth that such disease exists, or that the petitioners have reason to believe that it exists in such county, and the reasons of such belief and requesting him to appoint a competent person to prevent the spread of such disease, and eradicate the same.

Upon the receipt of such petition the commissioner of agriculture shall within thirty days thereafter appoint some well-known and competent bee-keeper of the county as an agent of the commissioner who shall hold his office during the pleasure of the commissioner of agriculture, and who shall within ten days after his appointment, file in the office of the county clerk of the county an acceptance of the appointment and constitutional oath of office.

§ 81. Proceedings of the agent of the commissioner. Upon written verified complaint of any two bee-keepers of the county to such agent, setting forth the existence of the disease, or that

they have good reason to believe that it exists within the county, and the grounds of such belief, designating the apiary or apiaries wherein they believe it to be, such agent shall, without unnecessary delay, examine the bees so designated. If satisfied that any colony or colonies of such bees are diseased with foul brood, he shall, without further disturbance to the bees, fix some designating mark upon each hive wherein the disease exists, and immediately notify the owners of the bees, or by leaving a written notice at his place of residence, if he be a resident of the county, and if not, by leaving the same with the person in charge of such bees, requiring him within five days from the date of the notice to effectually remove or destroy such hive with its entire contents by burying them, or by fire. The agent of the commissioner shall be allowed for his services, under this section, two dollars for each full day spent by him in the discharge of his official duties, which shall be a county charge.

§ 82. The prevention of disease in fruit trees. No person shall knowingly or willfully keep any peach, almond, apricot or nectarine tree affected with a contagious disease known as yellows, or offer for sale or shipment, or sell or ship to others any of the fruit thereof. Nor shall any person knowingly or willfully keep any plum, cherry or other trees infected with the contagious. disease or fungus, known as black knot. Every such tree and the fruit of a tree infected with yellows shall be a public nuisance, and no damages shall be awarded for entering upon premises and destroying such trees and fruit if infected with yellows or for cutting away the diseased part of any tree infected with black knot or altogether destroying such tree if necessary to suppress such disease, if done in accordance with the provisions of this article. Every person when he becomes aware of the existence of such disease in any tree or fruit owned by him, shall forthwith destroy or cause such tree or fruit to be destroyed or the infected part to be cut away.

(Amended by chapter 134 of the Laws of 1895.)

83. Appointment and duties of the agent of the commissioner of agriculture. When the commissioner of agriculture knows and has reason to believe that any such contagious disease

exists, or that there is good reason to believe it exists, or danger is justly apprehended of its introduction in any town or city in the state, he shall forthwith appoint a competent freeholder of such town or city as his agent, who shall hold office during his pleasure and who shall within ten days after his appointment, file an acceptance of the appointment, with the constitutional oath of office, in the office of the town clerk of the town. Such agent shall on or without complaint, whenever it comes to his notice that either of the diseases known as yellows or black knot exists or is supposed to exist within the limits of the town or city, proceed without delay to examine the trees or fruit supposed to be infected, and if the disease is found to exist, a distinguishing mark shall be placed upon the diseased trees. If the disease is the black knot, such distinguishing mark shall be placed on some affected part of the trees, or if in the judgment of such agent any such trees should be entirely destroyed, then the trunk of such tree shall be thoroughly girdled, and thereupon the owner notified personally, or by a written notice signed by such agent and left at his usual place of residence, or if a nonresident by leaving the notice with the person in charge of the trees or fruit, or in whose possession they may be. Such notice shall contain a statement of all the facts found to exist, with an order to effectually remove and destroy by fire or otherwise the trees or parts of trees so marked and designated, within ten days, Sundays excepted, from the day of the service of the notice. In case of fruit so infected, the notice shall require the person in whose possession or control it is found, to immediately destroy the same or cause it to be done.

§ 84. Proceedings in case of owner's failure to destroy. If any person shall refuse or neglect to comply with the order of such agent to remove and destroy trees or parts of trees so marked by him, such agent shall cause such trees or parts of trees to be removed and destroyed forthwith, employing all necessary assistance for that purpose; and such agent or his employes may enter upon any and all premises within the town or city for the purpose of such removal and destruction. Such agent shall be entitled to compensation for his services under this and the preceding sec