§§ 344, 345.

Seeds.

L. 1920, ch. 90.

ture, a plainly written statement or printed tag or label in the English language, stating:

1. That such seed is a mixture.

2. The name of each kind of agricultural seed which is present in the proportion of five per centum or more of the total mixture.

3. The approximate total percentage by weight of weed seeds as defined in subdivision three of section three hundred and forty-one of this article.

4. The approximate percentage by weight of inert matter.

5. The name of each kind of the seeds of noxious weeds listed in subdivision four of section three hundred and forty-one of this article, which are present singly or collectively in excess of one seed in each fifteen grams of such mixture.

6. The full name and address of the vendor of such mixture. (Section added by L. 1920, ch. 90, in effect July 1, 1920.)

§ 344. Exemptions.-Agricultural seeds or mixtures of same shall be exempt from the provisions of this article:

1. When exposed for sale or sold for food or feeding purposes only. 2. When sold to be recleaned before being sold or exposed for sale for seeding purposes.

3. When held for the purpose of recleaning.

4. When such seeds consist of buckwheat, barley, corn, oats, rye, wheat or other cereal sold by the grower thereof on his own premises and delivered to the vendee or his agent or representative personally on such premises. (Section added by L. 1920, ch. 90, in effect July 1, 1920.)

§ 345. Samples; publication of results of tests. The commissioner of agriculture or his duly authorized representatives shall take samples of seed in duplicate in the presence of at least one witness and in the presence of such witness shall seal such samples and shall at the time of taking tender, and if accepted, deliver to the person apparently in charge one of such samples; the other sample the commissioner of agriculture shall cause to be analyzed, examined or tested. The director of the New York agricultural experiment station shall analyze, examine or test, or cause to be analyzed, examined or tested such samples of seeds taken under the provisions of this article as shall be submitted to him for that purpose by the commissioner of agriculture, and shall report the results of such analysis, examination or test to the commissioner of agriculture, and for this purpose the New York agricultural experiment station may establish and maintain a seed laboratory, with the necessary equipment, and may employ experts and incur such expense as may be necessary to comply with the requirements of this article. The results of the analysis, examination or test of any sample or samples so procured, together with such additional information as circumstances advise, shall be published from time to time.

L. 1920, ch. 90.

Agriculture.

§ 346.

in reports or bulletins. The said commissioner of agriculture upon notice to the seed trade of this state, through the agricultural bulletins of the department or otherwise, shall be empowered to adopt such reasonable rules and regulations as may be deemed necessary to secure the efficient enforcement of this article. (Section added by L. 1920, ch. 90, in effect July 1, 1920.)

§ 346. Provisions for seed tests. Any citizen of this state shall have the privilege of submitting to the New York agricultural experiment station samples of agricultural seeds for test and analysis, subject to such rules and regulations as may be adopted by the director and board of control of said station. (Section added by L. 1920, ch. 90, in effect July 1, 1920.)

AGRICULTURE.

Raising money in counties for improving conditions, County L., § 12, sub. 28-a. Draining of agricultural land; Conservation L., §§ 495-501. Incorporation of agricultural corporations; Membership Corporations L., §§ 198-209-i.

Appropriations by counties to improve agricultural conditions, County L., § 12, sub. 28-a. Name of State School on Long Island changed, Education L., § 1185. L. 1919, ch. 636.-An act authorizing the New York agricultural experiment station at Geneva to prepare and have printed additional volumes of the annual report of the station. (Omitted as temporary.)

L. 1919, ch. 220.-An act to empower the commissioner of agriculture to recognize war savings certificate stamps, thrift stamps and United States coupon bonds as cash when paid by fairs as premiums, at fairs held during the year of nineteen hundred and eighteen. (Omitted as temporary.)

ANIMALS.

Dog licensing provisions revised; Agricultural L., §§ 131-139-m.

Diseases of domestic, law revised; Agricultural L., §§ 90-114. Protection of domestic animals from dogs; Agricultural L., §§ 32 ff. Sheep killed by dogs; payment for; County L., § 12, sub. 42.

APPLES.

Definition of standard evaporated; Agricultural L., § 261. Sale of adulterated or misbranded; Agricultural L., § 262.

VOL. X-6

ARBITRATION LAW.

L. 1920, ch. 275.-An act in relation to arbitration, constituting chapter seventy-two of the consolidated laws.

Became a law April 19, 1920, with the approval of the Governor. Passed, threefifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

3.

Application of certain sections of the code of civil procedure and repeal of certain other provisions thereof (§§ 7–9). 4. Time of taking effect (§ 10).

ARTICLE 1.

SHORT TITLE.

Setion 1. Short title.

Section 1. Short title.-This chapter shall be known as the "Arbitration Law."

Editor's Note.-This measure was proposed by the New York Chamber of Commerce, and endorsed by the N. Y. State Bar Association. It supersedes the decision that an agreement to submit a contract to arbitration, although embodied in the contract, is revocable by a party to the contract. Arbitration of commercial controversies has proved so successful in other jurisdictions, that commercial bodies generally favored the policy of adopting a law in this state.

ARTICLE 2.

GENERAL PROVISIONS.

Section 2. Validity of arbitration agreements.

3. Remedy in case of default.

4.

5.

Provision in case of failure to name arbitrator or umpire.

Stay of proceedings brought in violation of an arbitration agreement or submission.

6. Applications to be heard as motions.

§ 2. Validity of arbitration agreements.-A provision in a written contract to settle by arbitration a controversy thereafter arising between the

82

L. 1920, ch. 275.

General provisions.

§§ 3, 4.

parties to the contract, or a submission hereafter entered into of an existing controversy to arbitration pursuant to title eight of chapter seventeen of the code of civil procedure, shall be valid, enforcible and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.

§ 3. Remedy in case of default.-A party aggrieved by the failure, neglect or refusal of another to perform under a contract or submission providing for arbitration, described in section two hereof, may petition the supreme court, or a judge thereof, for an order directing that such arbitration proceed in the manner provided for in such contract or submission. Eight days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for personal service of a summons. The court, or a judge thereof, shall hear the parties, and upon being satisfied that the making of the contract or submission or the failure to comply therewith is not in issue, the court, or the judge thereof, hearing such application, shall make an order directing the parties to proceed to arbitration in accordance with the terms of the contract or submission. If the making of the contract or submission or the default be in issue, the court, or the judge thereof, shall proceed summarily to the trial thereof. If no jury trial be demanded by either party, the court, or the judge thereof, shall hear and determine such issue. Where such an issue is raised, any party may, on or before the return day of the notice of application, demand a jury trial of such issue, and if such demand be made, the court, or the judge thereof, shall make an order referring the issue or issues to a jury in the manner provided by law for referring to a jury issues in an equity action. If the jury find that no written contract providing for arbitration was made or submission entered into, as the case may be, or that there is no defaut, the proceeding shall be dismissed. If the jury find that a written contract providing for arbitration was made or submission was entered into and there is a default in the performance thereof, the court, or the judge thereof, shall make an order summarily directing the parties to the contract or submission to proceed with the arbitration in accordance with the terms thereof.

§ 4. Provision in case of failure to name arbitrator or umpire.-If, in the contract for arbitration or in the submission, described in section two, provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method. be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then, upon application by either party to the controversy, the supreme court, or a judge thereof, shall designate and appoint an arbitrator.

§§ 5-8.

Code of Civil Procedure; application.

L. 1920, ch. 275.

or arbitrators or umpire, as the case may require, who shall act under the said contract or submission with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided, the arbitration shall be by a single arbitrator.

§ 5. Stay of proceedings brought in violation of an arbitration agreement or submission. If any suit or proceeding be brought upon any issue otherwise referable to arbitration under a contract or submission described in section two, the supreme court, or a judge thereof, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under a contract containing a provision for arbitration or under a submission described in section two, shall stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement.

§ 6. Applications to be heard as motions.-Any application to the court, or a judge thereof, hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.

ARTICLE 3.

APPLICATION OF CERTAIN SECTIONS OF THE CODE OF CIVIL PROCEDURE AND REPEAL AND AMENDMENT OF CERTAIN OTHER PROVISIONS THEREOF. Section 7. Repeal of provisions of code of civil procedure.

8.

Application of certain sections of code of civil procedure. 9. Amendment of certain section of code of civil procedure."

§ 7. Repeal of provisions of code of civil procedure.-Sections twentythree hundred and eighty-three, twenty-three hundred and eighty-four and twenty-three hundred and eighty-five of chapter seventeen, title eight, of the code of civil procedure are hereby repealed.

*

§ 8. Application of certain sections of code of civil procedure.—The provisions of sections twenty-three sundred and sixty-five to twenty-three hundred and eighty-six of the code of civil procedure, both inclusive, except sections twenty-three hundred and eighty-three, twenty-three hundred and eighty-four and twenty-three hundred and eighty-five, so far as practicable and consistent with this chapter, shall apply to an arbitration agreement under this chapter, and for such purpose the arbitration agreement shall be deemed a submission to arbitration. Wherever in such sections reference is made to the court specified in the submission, the supreme court shall have jurisdiction of the subject matter if no court be specified in the arbitration agreement.

*Now Civ. Pr. Act §§ 1410-1431, in effect Apr. 15, 1921.