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found them to be correct, which amount shall be paid by the state treasurer on the warrant of the comptroller out of moneys appropriated therefor. The owner of animals condemned, taken over by the state or slaughtered as provided for herein shall also be entitled to and shall be paid interest on the amount due as shown by said certificate as herein provided for, after thirty days from the time such animals are ordered so taken or slaughtered by the commissioner.

tion of

of

§ 107. Compensation of owners of animals killed or Compensaappropriated by the state. The following provisions owners shall govern the payment of compensation to owners of animals animals killed or appropriated by the state under the approprovisions of this article:

1. If upon post-mortem examination an animal is found not to have the disease for which killed or any dangerously infectious or communicable disease, the owner shall be allowed the actual appraised value of such animal at the time of killing, unless such animal was killed on account of violaton of quarantne regulations, as provided in this article.

2. If an equine animal be found upon post-mortem examination to have been suffering from glanders not manifest by physical symptoms, the owner thereof shall be paid therefor ninety per centum of the appraised value. If the animal has glanders showing physical symptoms the owner thereof shall be paid therefor twenty-five per centum of the appraised value.

3. If a bovine animal be found upon post-mortem examination to have been suffering from localized tuberculosis, or if such animal be taken over by the state as provided by this article, the owner thereof shall be paid ninety per centum of the appraised value. If a bovine animal be found upon such examination to have had generalized tuberculosis the owner thereof shall be paid twenty-five per centum of the appraised value.

killed or

priated by state

4. No animal killed or taken under the provisions of this article shall be paid for as herein provided unless, if a bovine, it shall have been within the state of New York for at least six months, and if an equine for at least twelve months.

5. The commissioner is hereby authorized to make rules in reference to the official inspection of the carcasses of animals so killed, and to provide for the suitable marking or branding of carcasses passed or condemned. The commissioner may make such rules as he deems necessary or expedient for the proper disposal of carcasses or parts thereof.

6. For every day the owner or custodian of diseased animals is obliged to keep them in excess of ten days from the date ordered killed or taken by the commissioner, he shall be allowed and paid the sum of twentyfive cents per day per head.

7. No compensation shall be paid to any person who shall have wilfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented or who shall have wilfully neglected to take necessary precaution or obeyed instructions given him by the commissioner or neglected to assist in the control or eradiction of any infectious or communicable disease among his animals.

8. Except as herein provided no compensation shall be paid for any animal which upon post-mortem examination is found to have the disease on account of which it was killed, or any dangerously infectious or communicable disease that would warrant the destruction of such animal.

9. If the disease known as aphthous fever be found to exist within this state and the commissioner deems it necessary to properly control, suppress or eradicate such disease, to order the slaughter of domestic animals or the destruction of other property or both, the owner of animals so slaughtered or property so destroyed shall receive compensation in the manner following: The amount to be paid for each bovine animal so destroyed shall be fixed in the same manner as provided for in this section but shall not exceed the sum of two hundred

dollars for any one bovine animal so taken. The value of animals so destroyed and the amount due owners as provided herein, less the amounts paid or to be paid by the federal government, shall be paid upon the audit and warrant of the comptroller to owners entitled thereto in the same manner as provided in section one hundred and six of this article.

use of

and

§ 108. Disposition and use of tuberculin and mallein. DisposiThe commissioner is hereby authorized to make such tion and rules and promulgate such orders for the proper con- tuberculin trol, use or distribution of tuberculin or mallein as mallein he may deem necessary. The following general provisions shall govern the disposition and use of tuberculin and mallein within the state:

1. All tuberculin or mallein sold, given away or used, shall bear a label stating the name and address of the manufacturer, the degree of strength and dosage recommended, and the date of the preparation.

2. All tuberculin or mallein sold or given away for use in testing bovine or equine animals shall be reported, in writing, to the commissioner within one week after such sale or gift is.made. Such report shall be signed by the person making the gift or sale and shall state the name and address of the person to whom such tuberculin or mallein has been sold or given, and the amount supplied.

3. Any person, firm, corporation or institution bringing or causing tuberculin or mallein or a biological product containing living pathogenic organisms to be brought into the state to be used therein in the treatment of or administration to domestic animals shall, within one week thereafter, make a report thereof to the

Disposition and use of tuberculin and mallein

commissioner stating the manufacturer thereof, the quantity so brought in and giving such other information in relation thereto as the commissioner may request.

4. The commissioner shall print, in appropriate form, blanks for making and keeping records of such tests and other necessary data for the purposes of this article.

5. Any person using tuberculin or mallein in testing animals shall keep a correct record thereof, and, if requested by the commissioner, any person, firm or corporation making such tests shall within one week thereafter report to the commissioner giving a detailed account of the tests thus made, including the description of animals, the location of the farm or farms upon which tests were made, and the name and address of the owner or custodian. If the commissioner desires to cause a physical examination to be made of any animal so tested, or a bacteriological examination of its milk to be made, the owner or custodian of any such animal that has reacted shall indicate to the commissioner, or to the person designated by him, any animal that shall have been subjected to any such test and give such information as the commissioner may direct with reference thereto, or of previous tests of such animal and such other information relating thereto as the commissioner may require.

6. If such tests be made by a nonresident of the state, the owner or custodian of the animals thus tested shall make such report to the commissioner as he may require.

7. No person shall knowingly inject into any bovine or equine animal as or for tuberculin or mallein any Substance which is not tuberculin or mallein.

8. No person shall treat, except by consent of the commissioner for experimental purposes, any bovine or equine animal with any material or substance, or in any manner, for the purpose or with the effect of preventing a normal reaction on the part of such animal to the tuberculin or mallein test.

9. No person shall give a certificate or statement showing or tending to show that an animal has been tested or examined and found not affected with tuberculosis or glanders or other communicable disease unless the character of such test or examination is stated, and was made in a proper way, and that upon such test or examination such animal failed to give any evidence of such disease.

of rabies

tines

§ 109. Violations of rabies quarantine; release and Violations impounding of dogs. If the commissioner shall quar- quaranantine any particular districts or territory for the purpose of stopping or preventing the spread of the disease known as rabies, and if any dog be found within the said quarantine district in violation of said quarantine or regulation, any person may catch or cause to be caught such dog and have him impounded or confined. If such dog is thereafter not found to be affected with the disease known as rabies, it may be released to the owner by the commissioner upon application to him and satisfactory proof of such fact. Upon receipt of such Release release the owner of such dog shall pay a penalty of and impounding ten dollars to the treasurer or chief officer of the city, of dogs if such district be located wholly within a city, and otherwise to the treasurer of the county in which such dog is impounded, and upon due proof of such payment shall be entitled to the possession of such dog. If application for such release be not made to the commissioner within three days after such dog is found to be affected, or if such penalty be not paid by the owner within three days after the receipt of such release, or if it is found impracticable after reasonable effort to catch and impound such dog which is within said quarantine district in violation of such quarantine or regulation or to find the owner of a dog so impounded, then

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