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§ 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. 91. Lease of Grounds of Agricultural Societies and Corporations.
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. Id., § 80.
[Note. Revised from L. 1884, c. 474, §§ 1-4. (See Birdseye's R. S., 1st ed., p. 258.) Agent formerly appointed by county court in appropriate proceedings. Provision as to taking constitutional oath, new.]
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. Id., § 81.
[Note. Revised from L. 1884, c. 474, §§ 5, 7. (See Birdseye's R. S., 1st ed., pp. 258, 259.) Without material change.]
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
* See Constitution, § 142.
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. L. 1893, c. 338, § 82.
[Note. Revised from L. 1887, c. 403, § 1, and L. 1892, c. 501. (See Birdseye's R. S., 1st ed., p. 2181.) Without material change.]
83 Appointment and duties of the agents of the commissioner of agriculture. When the commissioner of agriculture has good reason to believe that any such contagious disease exists, or that there is danger of its introduction, in any town or city in the state, he shall, on the request of the town board of such town or the common council of such city, forthwith appoint a competent freeholder of such town or city as his agent, such freeholder to be recommended by the aforesaid town board or common council who shall within ten days after his appointment, file in the office of the clerk of such town or city his acceptance of the appointment and the constitutional oath of office. Such agent shall not hold office or be entitled to receive compensation for more than thirty days in the same calendar year, unless the supervisor of such town or the mayor of such city shall request an extension of term. If so requested the commissioner of agriculture may extend the term of such agent for the number of additional days, not exceeding thirty, specified in such request, and such agent shall be entitled to compensation accordingly. 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 non-resident, 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. Id., § 83, as am'd L. 1895, c. 134.
[Note.- Revised from L. 1887, c. 403, §§ 2-4, and L. 1892, c. 501, §§ 2-4. (See Birdseye's R. S., 1st ed., pp. 2181, 2182.) Former law provided for a commission of three freeholders to be appointed by supervisor of town or mayor of city, with town clerk as clerk of commission; otherwise without material change.]
83a Every such agent of the commissioner of agriculture in office when this act takes effect shall, if his duties require, continue in office for ten days thereafter when his term shall expire. The commissioner of agriculture shall forthwith notify every such agent, in office when this act takes effect, that his term expires on the tenth day thereafter, but the failure to receive such notice shall not entitle any such agent to receive compensation after the expiration of his term. L. 1895, c. 134, § 2.
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 section at a rate of two dollars for each full day spent by him. in the discharge of his duties and the necessary disbursements paid or incurred
by him, which with the expenses of removal and destruction of any such trees or fruit shall be a town charge, and may be audited and allowed by the town board in the manner now required by law, provided the account therefor when presented to such board shall be accompanied by an affidavit of service on such owner or owners of a copy thereof, together with a written notice of the time and place of presenting the same for audit. Such notice shall be served personally at least three days before the meeting of such board, and if such owner or owners shall appear before such board, he shall have an opportunity to be heard upon the question of the propriety of the allowance of such account. Such fees for removal and destruction of diseased fruit, trees or parts of trees, and all reasonable charges and disbursements of said agent in each case shall thereupon become a lien upon the premises on which such diseased fruit, trees or parts of trees were growing, and shall be assessed upon said premises by the board of supervisors of the county, and collected as a tax in addition to and in the same manner and at the same time that other taxes are collected. L. 1893, c. 338, § 84, as am'd L. 1895, c. 763.
[Note. Revised from L. 1887, c. 403, §§ 5, 7, and L. 1892, c. 501, §§ 5, 7. (See Birdseye's R. S., 1st ed., p. 2182.) Provisions as to assessment and collection of fees, and expenses of agent, new. Formerly these were to be recovered in action by supervisor.] 85 The New York Agricultural Experiment Station. The institution known as the New York agricultural experiment 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 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 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. L. 1893, c. 338, § 85, as am'd L. 1894, c. 675.
[Note. Revised from L. 1880, c. 592. §§ 1-3, 6, and L. 1881, c. 702, §§ 1, 2, 4, 8. 9. (See Birdseye's R. S., 1st ed., pp. 2039, 2040.) Provision that rules and regulations shall be subject to the approval of the commissioner of agriculture, new.]
86 The State Weather Bureau. The state meteorological 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 commissioner 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 commissioner 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. L. 1893, c. 338, § 86. [Note. Revised from L. 1889, c. 148, §§ 1-3. (See Birdseye's R. S., 1st ed., pp. 2803, 2804.) Bureau formerly under control of a commission composed of state superintendent of public instruction, professor of civil engineering of Cornell university, and a third person appointed by the governor; otherwise without material change.] 87 Institutions designated to receive United States moneys. The Cornell university and the agricultural experiment s'ation at Geneva established by the laws of the state are hereby designated as the institutions within this state, entitled to receive such portion as the legislature shall determine of the benefits of the act of the 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 of 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 Cornell university and the agricultural experiment station at Geneva, and this state consents that such appropriation, money or benefits to or for the use of this state, or of any institution within this state, payable under or in pursuance of such act of congress, shall be paid ninetenths 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 station 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 agriculture, 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. Id., § 87, as am'd L. 1894, c's 376 and 675.
[Note.- Revised from L. 1889, c. 538, § 1, and L. 1880, c. 592, and amendatory acts. (See Birdseye's R. S., 1st ed., p. 2040.) Provisions as to payment of money to Geneva agricultural experiment station, new.]
87a National grant accepted. WHEREAS, On the second day of March, eighteen hundred and eighty seven, an act of congress became law by the signature of the president of the United States, 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 of the acts supplementary thereto":
AND WHEREAS, Section nine of said act provides, "That the grants of moneys authorized by this act are made subject to the legislative assent of the several states and territories to the purpose of said grants "; therefore
1. Resolved, That the people of New York represented in senate and assembly do hereby give their assent to the purpose of said grants in accordance with the provisions and requirements of said act;
Acceptance, how signified. 2. Resolved, That the secretary of state be and hereby is directed to forward a copy of this concurrent resolution duly certified to the secretary of the treasury of the United States. Concurrent Resolution, L. 1887, p. 943.
88 Receipts and apportionment of moneys for the promotion 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, clubs or exhibitions which shall have held annual 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 eightynine 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 thirty per centum thereof among the various towns and other agricultural societies, clubs or exhibitions, 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 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 it is not in active operation as such, then the town society or societies in such county, or other agricultural societies in such county 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 fair, provided such town societies sustain a public fair, with premium list, which premium list and reports of such town fairs 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 exhibitions, 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