ances, and do such things as the said commissioner of agriculture or the person or persons appointed by him shall deem necessary for the eradication of said disease of foul brood. Any person who disregards or violates any of the provisions of this section is guilty of a misdemeanor, and shall be punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than one month nor more than two months, or by both fine and imprisonment. (As amended by chap. 223 of 1899, § 2.)

§ 82. The prevention of disease in fruit trees and the extirpation of insect pests that infect the same. No person shall knowingly or willfully keep any peach, almond, apricot, or nectarine tree affected with the contagious disease known as yellows. 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, nor any tree, shrub or plant infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of the trees, shrub or other plant. Every such tree, shrub and plant shall be a public nuisance, and no damage shall be awarded for entering upon premises and destroying such trees if infected with yellows or infested with San Jose scale or for cutting away the diseased part of any tree affected with black knot or altogether destroying such tree if necessary to suppress such disease, if done in accordance with the provisions of this article, except as otherwise herein provided. Every person when he becomes aware of the existence of such disease or insect pest in any tree owned by him shall forthwith report the same to the commissioner of agriculture at Albany, New York, requesting said commissioner to take such action as the law provides. (As amended by chap. 482 of 1898, § 1.) amd 1901c. 4178 83. Appointment and duties of the agent of the commis

missioner of agriculture.-When the commissioner of agricul ture knows or has reason to believe that any such contagious. disease exists, or that there is good reason to believe that it exists, or danger is justly apprehended of its introduction in any town or city in the state, or that any injurious insect pest exists within this state, and has reason to believe that danger may be justly apprehended from its existence, he shall forthwith send some competent person and such agent or agents as he may deem necessary to assist in extirpating said pest or pests, disease or diseases, and the said commissioner of agriculture is hereby

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authorized and empowered to take such steps and do whatever may be deemed necessary to so control or prevent the spread or extirpate said pest or pests, disease or diseases, and he shall, unless previously inspected by a federal officer the same year, cause an examination to be made at least once each year prior to September first of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock, are grown for sale for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infected with any such contagious disease or diseases, or infested with such pest or pests. If after such examination it is found that the said trees, shrubs or other plants so examined are free in all respects from any such contagious or infectious disease, or diseases, dangerously injurious, pest or pests, the said commissioner, or his duly authorized agent or other person designated to make such examination shall thereupon issue to the owner or proprietor of the said stock thus examined a certificate setting forth the fact of the examination and that the stock so examined is apparently free from any and all such disease or diseases, pest or pests. Should any nurseryman, agent, dealer or broker send out or deliver within the state, trees, vines, shrubs, plants, buds or cuttings, commonly known as nursery stock, and which are subject to the attacks of the insects and diseases above provided for, unless he has in his possession a copy of said certificate; dated within a year thereof; deface or destroy said certificate; or wrongfully be in possession of said certificate, he shall be guilty of a misdemeanor. All nursery stock shipped by freight, express or other transportation companies, shall be accompanied by a copy of said certificate attached to each car, box, bale or package. Any person shipping nursery stock as above, without such certificate attached shall be guilty of a misdemeanor. A certificate issued by an official of the United States, setting forth the fact that the nursery stock is free from any and all such disease or diseases, pest or pests, shall be accepted in lieu of state inspection. If in the judgment of the said commissioner of agriculture or the person or persons representing him, the trees, shrubs or other plants should be entirely destroyed, then such destruction shall be carried on and completed under the supervision of the commissioner of agriculture, or the person or persons duly appointed by him, without unnecessary delay, but the owner of the trees shall be notified immediately, upon its being determined that they must be destroyed,

by a written notice signed by such commissioner, or the person representing him and left at his usual place of residence, or if not a resident of the town by leaving the notice with the person in charge of the premises, trees or fruit or in whose possession they may be. Such notice shall contain a brief statement of the facts found to exist, whereby it is deemed necessary to destroy said trees, shrubs or other plants, and shall call attention to the law under which it is proposed to destroy them. In case of objection to the findings of the inspector or agent of the commissioner of agriculture, an appeal shall be made to said commissioner, whose decision shall be final; an appeal must be taken within three days from service of said notice, and shall act as a stay of proceedings until it is heard and decided. When the commissioner of agriculture or the person or persons appointed by him shall be determined that any tree or trees, shrubs or other plants must be treated or destroyed, forthwith he may employ all necessary assistants for that purpose, and such person or persons, agent or agents, employee or employees may enter any or all premises in any town or city necessary for the purpose of such treatment, removal or destruction. (As amended by chap. 134 of 1895, § 1, and chap. 482 of 1898, § 1.)

§ 84. (Amended by chap. 763 of 1895 and repealed by chap. 482 of 1898.)

§ 85. The New York agricultural experiment station. The A1904 institution known as the New York agricultural experiment c.439

station, established in the village of Geneva for the purpose of promoting agriculture in its various branches by scientific investigation and experiment shall continue under the control and management of a board of trustees. Such board of trustees shall be known as the board of control of the state experiment station and shall consist of nine members to be appointed by the governor whose term of office shall be three years. The governor shall be a member of the board by virtue of his office. Such board of control shall annually elect a president from their own number and appoint a secretary and treasurer to hold their offices during the pleasure of the board. Such board of control shall have general management of the station and shall appoint a director to have oversight and management of the experiments and investigations which shall be necessary to accomplish the objects of said institution, and may employ competent and suitable chemists and other persons necessary for carrying on the work of

Miscellaneous Provisions.

§ 86

the station. Such board shall have the direction of the expenditure of all moneys appropriated to the institution and annually, on or before the first day of December, make a full report to the commissioner of agriculture of their proceedings, receipts and expenditures for the year ending with the thirtieth day of September then next preceding. No member shall receive any compensation for his services as such; but shall be paid his necessary traveling expenses and those expenses incurred by him by an actual attendance upon the meetings of such board. The board shall make such rules and regulations, subject to the approval of the commissioner of agriculture, as may from time to time become necessary to carry out the objects of the station. Such experiment station may, with the consent and approval of the commissioner of agriculture, appoint agricultural experts to assist such experiment station, in the second judicial department, in conducting scientific investigations and experiments in agriculture; in disseminating agricultural knowledge by means of lectures or otherwise; and in preparing and printing for free distribution the results of such investigations and experiments, and such other information as may be deemed desirable and profitable in promoting the agricultural interests of the state. Such experts may be removed by such experiment station, in its discretion, and may be paid for their services such sum as it may deem reasonable and proper and as shall be approved by the commissioners of agricul ture. All of such work by such experiment station and by such experts shall be under the general supervision and direction of the commissioner of agriculture. (As amended by chap. 675 of 1894.)

§ 86. The state weather bureau. The state metereological bureau and weather service, shall hereafter be known as the state weather bureau, and shall be under the control and management of the commissioner of agriculture. Such commissioner may appoint the director of such bureau but such director shall not receive any compensation for his services. The commissioners may continue the central office and station for meteorological observation and experiment upon the grounds of Cornell university, and shall if practicable establish and supervise one or more volunteer weather stations in each congressional district of the state, in co-operation with the chief of the United States Weather Bureau, for the purpose of increasing the usefulness of the weather service of the state and of the United States. The sum of four thousand five hundred dollars, or so much thereof as the commis

sioner deems necessary, shall be annually appropriated to be paid to the commissioner by the treasurer, upon the warrant of the comptroller, issued upon the vouchers of the commissioner, for necessary clerical services at such central office, for printing and distributing reports of the results and operations of such bureau, in such manner as shall be most serviceable to the people of the state, and for the purchase, preservation and repair of proper and necessary instruments for the work of such bureau and for the reasonably necessary traveling and incidental expenses of such commissioner and director in the performance of their duties, and for such other expenses as such commissioner shall deem necessary for the efficient administration of such bureau.

§ 87. The agricultural experiment station at Cornell university. The Cornell university and the agricultural experiment station at Geneva, established by the laws of this state, are hereby designated as the institutions within this state to receive such portion as the legislature shall determine of the benefits of the act of congress of the United States, approved March second, eighteen hundred and eighty-seven, entitled " An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July second, eighteen hundred and sixty-two, and the acts supplementary thereto." Such benefits of such acts which this state is authorized thereby to apply to any college, institution or agricultural experiment station within this state are applied to the agricultural experiment station established under the direction of the Cornell university and the agricultural experiment station at Geneva, and this state consents that such appropriations, money or benefits to or for the use of this state, or any institution within this state payable under or in pursuance of such act of congress shall be paid nine-tenths thereof to the treasurer of Cornell university, the officer designated to receive the same, and one-tenth thereof to the officers of the agricultural experiment station at Geneva, designated to receive the same, to be expended as provided in such act of congress. Such experiment stations, shall, annually, on or before the first day of December make, to the commissioner of agriculture, a full and detailed report of its operations, including a statement of its receipts and expenditures for the year ending with the thirtieth day of September then next preceding. Such experiment station may, with the consent and approval of the commissioner of agri