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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 exhibition in which the actual amount paid by it as such premiums in the year preceding such apportionment, is 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, clubs or exhibitions of the state, which had not previous to May twenty-ninth, eighteen hundred and ninety-five, received appropriations from the state, 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 fair upon the awards or premiums of which they seek a portion of the money to be distributed. Such sums shall only be paid to societies now organized and in active operation in counties having a population according to the census of eighteen hundred and ninety-two of over three hundred and twenty-five thousand inhabitants, or which shall have held fairs, annually, during each of the three years prior to May twenty-ninth, eighteen hundred and ninety-five, and which shall have paid, at their annual meeting or fairs during such three years, not less than one thousand dollars in the aggregate as premiums for agricultural, mechanical and domestic products, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast. 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, 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 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 lists. and reports of such town fairs shall be forwarded and made to the commissioner of agriculture. All such societies shall hereafter, on or before the fifteenth day of December in each year, file a statement duly verified by the secretary 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 shall be filed in the office of the commissioner of agriculture. No such society, other than a county society, shall be hereafter entitled to receive such appropriations in any year in which the actual amount paid by it as such premium is less than five hundred dollars. Any town or other agricultural society in a county in which there is no county agricultural society 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 the portion of the thirty per centum of such funds which they would be otherwise entitled to receive. Any society, club or exposition, except the New York state agricultural society, 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 appro
priated for the promotion of agriculture. L. 1893, c. 338, § 88, as am'd L. 1894, c. 241, L. 1895, c. 829, § 1, and L. 1896, c. 221, § 1.
[Note. Revised from L. 1841, c. 169, §§ 1-7; L. 1848, c. 299, §§ 1-6. (See Birdseye's R. S., 1st ed., p. 41.) Provisions of former law very materially changed in most particulars.]
88 Apportionment of moneys for the promotion of agriculture. The sum of ninety-five thousand nine hundred and eighty dollars and fifty-four cents, being the sum collected from racing associations in pursuance of chapter four hundred and seventy-nine of the laws of eighteen hundrel and eighty-seven, as amended by chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be distributed in the manner provided by section eighty-eight of the agricultural law, as amended by this act, and in the proportion provided by this act for the distribution of moneys already collected and yet undistributed, as herein before recited. Such moneys shall be payable by the treasurer on the warrant of the comptroller on the order of the commissioner of agriculture. L. 1895, c. 820, § 2.
[Note. L. 1896, c. 221, § 2, appropriates certain moneys theretofore received under L. 1887, c. 479, as amended.]
89 Appropriation for societies on certain conditions. 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 herein before 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. L. 1893, c. 338, § 89, as am'd L. 1894, c. 241.
89a Distribution of money appropriated for certain agricultural societies. Whenever in any year there shall be appropriated the sum of twenty thousand dollars or more for the benefit of the several agricultural societies, clubs or expositions of the State, two thousand dollars of such amount shall be paid to every such society, club or exposition, 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 or speed, skill or endurance of man or beast. Such society, club or exposition shall annually before the first day of December in each year file in the office of the commissioner of agriculture a statement, verified by its president and treasurer, showing the payment of such premiums, with the amount and object thereof, together with the name of the persons to whom they were paid. A similarly verified duplicate of such statement shall be filed in the office of the comptroller. There shall at the same time be filed in the office of the comptroller a written offer to the effect that such society, club or exposition will act as the agent of the state for the distribution and payment of the money so appropriated as premiums at its annual fair or meeting for the promotion of agricultural interests, together with a bend executed to the people of the state, signed in its name by the president and treasurer thereof, in such amount and with such sureties as the comptroller shall approve, conditioned for the faithful performance of its duties as such agent. Any such society, club or exposition receiving such sum of two thousand dollars as herein provided shall not receive any portion of the moneys collected from racing associations or moneys already appropriated for the benefit of county agricultural societies. Added as § 89, by L. 1895, c. 587.
90 Annual report to the commissioner of agriculture and state society. The president and treasurer of any agricultural society which receives any money of the state or acts as the agent of the state in the distribution of money of the state as premiums, shall annually before the fifteenth day of December, transmit to the commissioner of agriculture a detailed account of the expenditure or distribution of all such moneys as shall have come into their hands during the preceding year, and of such other moneys as they may have received from voluntary contributions for distribution as premiums, stating to whom, and for what purpose paid, with the vouchers therefor. The presidents of the several county societies and of the American institute shall annually transmit in the month of December, to the executive committee of the New York state agricultural society, all such reports or returns as they are required to demand from applicants, for premiums, together with an abstract of their proceedings during the year which shall be examined by such executive committee, and they shall condense, arrange and report the same, with a statement of their own proceedings to the legislature on or before the first day of March in each year. L. 1893, c. 338, § 90.
91 Lease of grounds of agricultural societies and corporations. Any agricultural society or corporation, owning or possessing grounds in a county of this state having a population of more than three hundred thousand and less than six hundred thousand may lease such grounds for any lawful purpose except running races not inconsistent with the use thereof for the purposes of the society or corporation, for such time or times as said grounds may not be needed by any such agricultural society or corporation for its own purposes. Id., § 91, as am'd L. 1894, c. 640.
ARTICLE VI.-(Added by L. 1895, c. 395, § 7.)
§ 100. Laws Repealed.
101. When to Take Effect.
102. Schedule of Laws Repealed.
100 Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. L. 1895, c. 395, § 100. 101 When to take effect. This chapter shall take effect immediately. 102 Schedule of laws repealed.
Note.-26 of L. 1885, c. 183, was expressly excepted from the repeal of L. 1893, c. 332, and L. 1895, c. 395, supra; but as there was no § 26 to L. 1885, c. 183, until it was added by L. 1887, c. 583, and as the latter act was entirely repealed by L. 1893, c. 332, and L. 1895, c. 395, there is some question as to whether $ 26 of L. 1885, c. 183, is still alive. As, however, it relates to a distinct subject not covered by the provisions of the Agricultural Law, and as it was seemingly the intention of the legislature to keep this section alive, it is given herewith:
103 Search warrant, when to issue; granting execution, etc., of same; return. A search warrant, in the name of the people, directed to a peace officer commanding him to search for dairy products, imitations thereof and substitutes therefor, to open any place of business, factory, building, store, bakery, hotel, tavern, boarding-house, restaurant, saloon, lunch counter, place of public entertainment, carriage, car, boat, package, vessel, barrel, box, tub or can, containing, or believed to contain the same, in the possession or under the control of any person who shall refuse to allow the same to be inspected or samples taken therefrom by the said commissioner, assistant commissioners, or such experts, chemists, agents, or counsel as such commissioner or assistant commissioners shall duly authorize for the purpose, or to which access is refused or prevented, and to allow and enable the officer mentioned in section twelve applying therefor to take such
samples of dairy products, imitations thereof and substitutes therefor, found in the execution of the warrant, as the officer applying for the search warrant shall designate when the same are found, shall be issued by any magistrate to whom application is made therefor, whenever it shall be made to appear to him that such person has refused to permit any dairy products, imitations thereof or substitutes therefor, to be inspected or samples taken therefrom, or that access thereto by any officer mentioned in section twelve has been refused or prevented, and that such officer has reasonable grounds for believing that such person has any dairy products, imitations thereof or substitutes therefor in his possession, or under his control, or that he is violating any of the provisions of this act. The provisions of section seven hundred and ninety-one to section eight hundred and two, both inclusive, of the code of criminal procedure, shall apply to such warrant as far as applicable thereto. The peace officer to whom the warrant is delivered shall make a return in writing of his proceedings thereunder to the magistrate who issued the same. L. 1885, c. 183, § 26, added by L. 1887, c. 583, § 1.
3 N. Y. Supp. 580; 6 id. 611; 7 id. 775, 776; 12 id. 701, 702; 14 id. 819; 18 id. 643; 22 id. 809, 810; 23 id. 115; 30 id. 735.
Note. Agricultural and horticultural societies were formerly incorporated under L. 1855, c. 425. (See Birdseye's R. S., 1st ed., pp. 38-44.) Now to be incorporated under The Membership Corporations Law. L. 1855, c. 425, § 11, validating societies formed under L. 1853, c. 339, has not been repealed.
104 Association of farmers; powers of. Any association of farmers, residing in any neighborhood, town or county in this state, now, or hereafter to be organized, and acting under a constitution and by-laws adopted by themselves for their guidance, which shall be filed in the clerk's office of such town or county and which are not inconsistent with the laws of this state, is hereby authorized to lease and maintain grounds and structures for the exhibition and sale of the products of their farms or their skill, and for the instruction and recreation of its members and visitors. Any such association shall have authority to let, for rent, locations on their leased grounds to shopmen and persons wishing to furnish suitable refreshments for victualing members and visitors; to license peddlers to sell on their grounds articles of merchandise, not forbidden to be sold by any law of this state without license from the state; and in the name of such a sociation and upon the action and direction of its officers, to sue for and collect the stipulated sums for such rentals and licenses, and to enforce the observance of its rules and regulations by the several members of its association. And such association is hereby empowered to issue certificates of indebtedness in amounts of five dollars each, providing that the whole amount shall not exceed the sum of one thousand dollars, which they may sell at a price not below the par value thereof, for the purpose of raising money for the erection of buildings, or for such other improvements as may be deemed necessary by a majority of the members of such association. L. 1881, c. 657, § 1.
105 County judge may appoint policemen on grounds; powers of. The county judge of any county in this state wherein such a voluntary association of farmers may exist is hereby authorized, upon the nomination of the presiding officer, or the executive committee of such association, to appoint any number of reputable persons, citizens of such neighborhood, town or county, as special policemen or constables, who shall have authority to preserve the peace at any meeting of such association on its grounds or in the neighborhood thereof; and to protect the property of such association or of any of its members, visitors, lessees, or licensees while on such grounds or on the way to or from such grounds. But such special policemen or constables shall have no authority, from such appointment, to act as policemen or constables, other than as herein authorized, except that they may arrest any person committing unlawful depredation on such grounds, or unlawfully injuring persons or property thereon, or on the way to or from such grounds, or otherwise committing breaches of the peace, and may
* Search Warrants, §§ 2-13.