Miscellaneous Provisions.

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culture, appoint horticultural experts to assist such experiment station, in the fifth judicial department, in conducting investigations and experiments in horticulture; in discovering and remedying the disease of plants, vines and fruit trees; in ascertaining the best means of fertilizing vineyard, fruit and garden plantations, and of making orchards, vineyards and gardens prolific; in disseminating horticultural 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 horticultural 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 commissioner of agriculture. 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. 376 of 1894 and chap. 675 of 1894.)

§ 83. Receipts and apportionments of moneys for the promo- and 1901 tion of agriculture.-Of all moneys appropriated for the promotion of agriculture in any one year, twenty thousand dollars thereof shall be distributed in premiums by the New York State Agricultural Society; two thousand dollars thereof shall be paid to each of the agricultural societies, agricultural clubs, or agricultural expositions which shall have held annual agricultural fairs or meetings during each of the three years next preceding such appropriation, and which shall have paid at each of such annual fairs or meetings during such three years the sum of three thousand dollars as premiums for agricultural interests, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast, under the conditions and in the manner provided by section eighty-nine of this chapter. Seventy per centum of the balance of the amount so appropriated shall be apportioned and distributed among the various county agricultural societies and the American Institute in The City of New York and any agricultural society which has received from the state funds no money except that set apart for or distributed to county agricultural societies; and thirty per centum thereof among the various town and other agricultural societies, agricultural clubs or agricultural expositions entitled by this section to receive thirty per centum of the moneys received by the comptroller from the tax collected from the racing associations, corporations or clubs of the state. Such apportionment and distribution shall be made by the commissioner of agriculture in the following manner: One-half of the seventy per centum to be apportioned to such county agricultural societies and the American Institute in The City of New York and any agricultural society which has received from the state funds no money except that set apart for or distributed to county agricultural societies shall be apportioned and distributed equally and the remainder in proportion to the actual premiums paid during the previous year by such societies and institute, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in any county, or if the

county agricultural society is not in active operation as such, then the town society or societies in such county, or other agricultural societies in such county, except the New York State Agricultural Society, that would otherwise be entitled to share under the thirty per centum distribution referred to in this section, shall share jointly in the distribution of such money on the same basis as they would if they were a county agricultural society, provided such societies. sustain a public fair with premium list, which premium list and reports of such societies shall be forwarded and made to the commissioner of agriculture. Of the thirty per centum to be distributed among the various town and other agricultural societies, clubs or expositions one-third thereof shall be apportioned and distributed equally and the remainder in proportion to the premiums awarded and paid by said society, club or exposition for exhibits made at the annual fair upon the awards or premiums of which they seek a portion of the money to be distributed, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. No proportion of such amount shall be paid to any such society, club or exposition in which the actual amount paid by it as such premiums in the year preceding such proportionment,* in less than five hundred dollars. All revenues which have been or shall be received by the comptroller, and not distributed as heretofore provided, and all moneys received by him from the tax collected from racing associations pursuant to chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, and chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, and all acts amendatory thereto, or hereafter otherwise collected from racing associations, corporations or clubs, shall constitute a fund, which shall be annually disbursed on behalf of the state for prizes for improving the breed of cattle, sheep and horses at the various fairs throughout the state as hereinafter prescribed. Thirty per centum of the funds so collected shall be disbursed by the commissioner of agriculture among the agricultural societies, agricultural clubs or agricultural expositions of the state, which had not previous to May twenty-ninth, eighteen hundred and ninety-five, received appropriations from the state, other than appropriations that they received from the fund to be distributed to county societies from the fact that there was no county society in existence or in active operation within that county, as follows: One-third shall be apportioned and distributed equally and the remainder in proportion to the premiums awarded and paid by said society, club or exposition for exhibits made at the annual fairs upon the awards or premiums of which they seek a portion of the money to be distributed, such sums shall only be paid to such societies which have received appropriations from the state previous to the passage of this act, and are now duly organized under the laws of the state of New York, and in active. operation, or which shall have held fairs, annually, during each of the three years prior to May twenty-ninth, eighteen hundred and ninetyfive, and which shall have paid, at their annual meetings or fairs during such three years, not less than one thousand dollars in the aggregate as premiums for agriculture, mechanical, and domestic *So in the original.

Miscellanous Provisions.

§ 88

products, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast, and which shall have filed their report with the commissioner of agriculture, on or before July first, eighteen hundred and ninety-five, as heretofore provided in chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five. Seventy per centum of such funds shall be disbursed by the commissioner of agriculture among the various county agricultural societies throughout the state, and the American Institute, in The City of New York and any agricultural society which has received from the state funds no money except that set apart or distributed to county agricultural societies, as follows: One-half shall be apportioned and distributed equally, and the remainder in proportion to the premiums awarded and paid by said society, club or exposition, for exhibits made at the annual fair upon the awards or premiums of which they seek a portion of the money to be distributed, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in any county, or if the county agricultural society is not in active operation as such, then the town society or societies in such county, or other agricultural societies in such county, except the New York State Agricultural Society, that would otherwise be entitled to share under the thirty per centum distribution referred to in this section, shall share jointly in the distribution of such money on the same basis as they would if they were a county agricultural society, provided such societies sustain a public fair, with premium list and reports of such societies shall be forwarded and made to the commissioner of agriculture, and any agricultural society which has received each year since its incorporation, money from the state of the same amount as if said society were the county society, shall continue to share in the funds the same as though it were actually the county society, on condition that it shall fulfill the provisions of this act, as to holding fairs, paying premiums and filing reports, and any fair association which shall have received no money from the state funds except that distributed to county agricultural societies, and shall have held a fair as required by this act, shall receive from the funds apportioned to county agricultural societies in the same relative proportion as if it were actually the county society and shall share in any part of any year's fund set apart or retained from the money apportioned to agricultural societies for that year in the same relative amount as any agricultural society shared in the agricultural society funds of that year, and such society shall hereafter be subject to all provisions of this act relating to county agricultural societies. All agricultural societies, agricultural clubs or agricultural expositions entitled to receive any portion of the moneys appropriated by the state must hereafter, on or before the fifteenth day of December, in each year, file a statement, duly verified by the president and treasurer, showing the amount of premiums paid at the last annual fair, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast, which statement together with vouchers for moneys paid as premiums shall be filed in the office of the commissioner of agri

culture, otherwise such society, club or exposition shall forfeit its right to participate in the distribution of such moneys for premiums paid for such year. No proportion of such moneys shall be paid to any such society, club or exposition in which the actual amount paid by it as such premiums in the year preceding such apportionment, is less than five hundred dollars. Any town or other agricultural society in a county in which there is no county agricultural society in active operation and which, according to the terms of this section receives any portion of the seventy per centum of such funds apportioned to county agricultural societies, shall not receive any proportion of the thirty per centum of such funds. Any such society, club or exposition, receiving the sum of two thousand dollars under the provisions of section eighty-nine of this act, shall not receive any other portion of the money appropriated for the promotion of agriculture. Any such agricultural society, agricultural club, agricultural exposition, or agricultural fair association, organized under the laws of the state of New York, which shall fail or neglect to hold annual fairs and file their annual reports as provided by this law, with the commissioner of agriculture for two consecutive years, shall forfeit all of their chartered rights, including any privileges or moneys they might thereafter otherwise be entitled to under this act. Any agricultural society, agricultural club or agricultural exposition which shall use, or permit the use of any gambling device, device, instrument or contrivance in the operation of which bets are laid or wagers made, wheel of fortune, or the playing or carrying on of any game of chance, upon the grounds used by it for, or during, an annual meeting, fair or exhibition, shall thereupon forfeit its right to any moneys it would or might be entitled to receive under the provisions of this act; and it shall the duty of the president and secretary, or treasurer of every agricultural society, agricultural club or agricultural exposition entitled to receive money under the provisions of this act, to certify, in their annual report to the commissioner of agriculture executed under oath, on or before the fifteenth day of December in each year, that at the last annual meeting, fair or exhibition held by or under the direction of such society, club or exposition, it did not use or permit the use of, any gambling device, device, instrument or contrivance in the operation of which bets were laid or wagers made, any wheel of fortune, or the playing or carrying on of any game of chance, upon the grounds used by it for, or during, such last annual meeting, fair or exhibition, which report shall be filed, not later than ten days after the date of its execution, in the office of the commissioner of agriculture. If the president and secretary or treasurer of any agricultural society, agricultural club or agricultural exposition, entitled to receive moneys under the provisions of this act, shall neglect or refuse to make and file such certificate, such society, club or exposition shall thereupon be deemed to have forfeited all its rights to any moneys it might otherwise be entitled to receive under this act, but this shall not be construed to prohibit horse racing or tests or trials of skill. (As amended by chap. 241 of 1894, chap. 820 of 1805, chap. 221 of 1896, chap. 589 of 1897, chap. 494 of 1898, chap. 87 of 1900 and chap. 339 of 1900.)

Miscellaneous Provisions.

§ 89

$89. When agricultural societies entitled to additional sums from the state. If any agricultural society, club or exposition other than the state agricultural society, which has held annual fairs during the past three years, shall, in any year, pay out at its annual meeting or fair three thousand dollars, as premiums for the promotion of agricultural interests, exclusive of premiums paid for trials of speed or endurance of man or beast, and the president and treasurer of such society, club or exposition shall make and subscribe a statement in duplicate, verified by their affidavit, of the fact that such sum has been so paid and distributed in premiums, and shall on or before the first day of December, in such year file one of such statements and affidavits in the office of the commissioner of agriculture, and the other in the office of the comptroller, and such society, club or exposition shall make an offer in writing, signed by its president and treasurer, addressed to and filed in the office of the comptroller, to act as the agent of the state in distributing such sum or sums of money as the state may appropriate for distribution as premiums at its annual meeting, and fair, for the promotion of agriculture, and the improvement of the breed of stock in this state, and the encouragement of the domestic and mechanic arts, and shall execute to the people of this state a bond, signed in its name by its president and treasurer, with such sureties, as the comptroller shall approve, conditioned for the faithful performance of its duty as such agent, for such distribution, and shall file the same in the office of the comptroller, the state will appropriate to each of such societies, clubs or expositions, the sum of two thousand dollars, to be distributed by such society, club or exposition as premiums on such articles, productions, stock and improvements as may be exhibited at its annual meeting and fair on the conditions hereinbefore named. Provided, however, that if any such society, club or exposition shall receive in any year two thousand dollars as herein provided, such society, club or exposition shall not receive any portion of the moneys collected from racing associations, pursuant to chapter four hundred and seventy-nine of the laws of eighteen hundred and eighty-seven, or of moneys already appropriated for the benefit of the county agricultural societies. (As amended by chap. 241 of 1894, § 2.)

$ 89. Distribution of money appropriated for certain agricultural societies.-Whenever in any year there shall be appropri ated the sum of twenty thousand dollars or more for the benefit of the several agricultural societies, clubs or expositions of the