Section 95. Employment of veterinary surgeons. *64-a. Tuberculin, issuing certificates relative to tuberculin. tested cattle, branding of tuberculous animals. 96. Regulations, the enforcement thereof and expenses incurred by sheriff. 97. Fines and penalties. 28. Bureau of veterinary service; chief veterinarian; appraisers. 99. Appraisal of diseased animals. 100. Certificate of appraisal. 101. Post-mortem examination of animals. 102. Compensation of owners of animals destroyed. 103. Expenses. 104. Federal regulations. (Repealed by L. 1909, ch. 232.) 105. Rights of federal inspectors. (Repealed by L. 1909, ch. 232.) 106. Shipping, slaughtering and selling veal for food. 107. Shipping veal. 108. Receiving veal for shipment by common carriers. § 90. Suppression of infectious and contagious diseases. No person shall knowingly bring any domestic animal into this state which is suffering with an infectious or contagious disease. Any person knowingly bringing a domestic animal suffering with an infectious or contagious disease into this state shall be liable to and shall pay all damages, suffered or caused by the spreading of such disease, to the owner or owners of animals to which such disease is imparted by such animal or animals so brought in, as liquidated damages in addition to the penalties to the state of New York, as provided in section fifty-two of the agricultural law; provided, that nothing herein contained shall be construed to prevent or make unlawful the transportation of such animals through this state on railroads. or boats. Any person bringing into the state such animals which are used for breeding, feeding or dairy purposes without taking due precaution to ascertain whether such animals are suffering with such a disease shall be presumed to have brought them in knowingly and in violation of the statute. Under the foregoing provisions of this section, any animals, received from outside the state and distributed under the supervision of the United States department of agriculture or the state department of agriculture and for which a permit or certificate has been issued by either of said departments, shall be deemed to have been handled So numbered in original. with due precaution. Whenever any infectious or contagious disease affecting domestic animals shall exist, be brought into or break out in this state the commissioner of agriculture shall take measures to promptly suppress the same, and to prevent such disease from spreading. The local boards of health shall notify the commissioner of the existence of infectious or contagious disease affecting domestic animals in the districts subject to their jurisdiction. Any person importing or bringing into this state neat cattle for dairy or breeding purposes shall report immediately upon bringing such cattle into the state to the commissioner of agriculture in writing, giving a statement of the number of cattle thus brought in, the place where they were procured, the lines over which they were brought and their point of destination within the state, stating when they will arrive at such point of destination, and upon the filing with the commissioner of agriculture at the time of making the said report, a certificate issued by a duly authorized veterinary practitioner, to the effect that he has duly examined said animals and that said animals are free from any infectious or contagious disease, the commissioner of agriculture may issue a permit to said person to remove said cattle immediately. Otherwise, said person shall hold or detain such animals at least ten days at such point of destination for inspection and examination, provided they are not sooner examined or inspected, by the commissioner of agriculture or his duly authorized agent. Each animal brought into the state in violation of the above provisions shall constitute a separate and distinct violation of this chapter. The provisions of this section, relating to the importation of neat cattle for dairy or breeding purposes, shall not apply to cattle imported into this state at a point where there is federal inspection, so far as the same shall relate to making advance reports to the commissioner of agriculture. But parties importing or receiving such cattle at such places shall give such information to the commissioner of agriculture as he may from time to time request relative to such cattle so imported or brought in. (Thus amended by L. 1909, ch. 240, § 1, in effect April 22, 1909, and ch. 312, in effect May 8, 1909.) Amendments of 1909, by ch. 240, corrected error in last two sentences and, by ch. 312, materially changed former section, which read as follows: § 90. Suppression of infectious and contagious disease. Whenever any infectious or contagious disease affecting domestic animals shall exist, be brought into or break out in this state the commissioner of agriculture shall take measures to promptly suppress the same, and to prevent such disease from spreading. The local boards of health shall notify the commissioner of the existence of infectious or contagious disease affecting domestic animals in the districts subject to their jurisdiction. Any person importing or bringing into this state neat cattle for dairy or breeding purposes shall report immediately upon bringing such cattle into the state to the commissioner of agriculture in writing, giving & statement of the number of cattle thus brought in, the place where they were procured, the lines over which they were brought and their point of destination within the state, stating when they will arrive at such point of destination, and upon the filing with the commissioner of agriculture at the time of making the said report, a certificate issued by a duly authorized veterinary practitioner, to the effect that he has duly examined said animals and that said animals are free from any infectious or contagious disease, the commissioner of agriculture may issue a permit to said person to remove said cattle immediately. Otherwise, said person shall hold or detain such animals at least forty-eight hours at such point or destination for inspection and examination, provided they are not sooner examined or inspected, by the commissioner of agriculture or his duly authorized agent. Each animal brought into the state in violation of the above provisions shall constitute a separate and distinct violation of this chapter. The provisions of this section, relating to the importation of neat cattle for dairy or breeding purposes, shall not apply to cattle imported into this state at a point where there is federal inspection, so far as the same shall relate to making advance *reports to the commissioner of agriculture as he may from time to time *receiving such cattle at such places shall give such information to the commissioner of agriculture. But parties importing or request relative to *such cattle so imported. § 91. Commissioner to issue notice. He shall issue and publish a notice, stating that a specified infectious or contagious disease exists in the state or in any designated county or other geographical district of the state, and warning all persons to seclude in the premises where they may be at the time, all animals within the state or within such county or district or an adjoining county or district, that are of a kind susceptible to contract such disease, and ordering all persons to take such precaution against the spreading of the disease, as the nature thereof may in his judgment render necessary or expedient, and which he may specify in such notice. Such notice shall be published in such newspapers, and be posted in such manner as the commissioner may designate, and as, in his judgment, are most likely to give notice thereof. For this purpose he may post notices on public service poles other than those carrying wires transmitting electricity for light or power or fences upon the highway or buildings abutting upon the highway, provided, if such fences or buildings are privately owned, the owners thereof shall consent to such posting. No person shall tear down, mutilate, deface or destroy any such notice or order issued by the commissioner of agriculture and posted as provided herein during the pendency of said order or notice. (Thus amended by L. 1909, ch. 313, in effect May 8, 1909.) Amendment of 1909 inserted in first sentence "the state or in " before "any designated county", and "the state within " before "such county", and "or an adjoining county or district " after the second word district"; also added the two last sentences. § 92. Farms to be quarantined; inspection of premises. The commissioner or an assistant commissioner or the chief veterinarian, shall order any premises, farm or farms So in original. where such disease exists, or recently existed, to be put in quarantine, so that no domestic animal be removed from or brought to the premises or places quarantined, and shall prescribe such regulations as he may judge necessary or expedient to prevent the communication of the disease by infection or contagion, in any way from the places so quarantined. The commissioner may adopt and enforce rules regulating the sanitation of stables and other buildings used for the stabling of cattle for the purpose of preventing the existence and spread of infection and contagion among cattle. He may provide for the inspection and examination of all such stables and buildings. (Thus amended by L. 1909, ch. 315, in effect May 8, 1909.) Amendment of 1909 added "or the chief veterinarian" after commissioner ", in the first sentence. "assistant § 93. Detention and destruction of animals. The commissioner or an assistant commissioner or the chief veterinarian may order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. The commissioner may prescribe regulations for the destruction of animals affected with infectious or contagious disease, and for the proper disposal of their hides and carcasses, and of all objects which might carry infection and contagion. Whenever in his judgment necessary for the more speedy and economical suppression or prevention of the spread of any such disease, he may cause to be slaughtered, and to be afterward disposed of, in such manner as he may deem expedient, any animal or animals, which, by contact or association with diseased animals, or by other exposure to infection or contagion, may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented. The commissioner may direct that an animal shall be condemned, quarantined or slaughtered as tuberculous, under the provisions of this article, if it shall be found to be tuberculous by a physical examination. If the owner of animals suspected of being tuberculous desires to have such animals tested with tuberculin and enters into a written agreement with the state in the manner prescribed by the commissioner of agriculture, before such test is made, to the effect that he will disinfect his premises and either consent to the slaughter of the animals responding to such test, or hold them and their products in strict quarantine, pursuant to the directions of the commissioner of agriculture, such test shall be made by a medical or veterinary practitioner designated by the commissioner. The commissioner may also in his discretion order such tuberculin test to be made, and if the animal responds to such test, he may cause such animal to be slaughtered or held in strict quarantine. (Thus amended by L. 1909, ch. 315, in effect May 8, 1909.) Amendment of 1909 added "or the chief veterinarian" after "assistant commissioner ", in first sentence, and added, "The commissioner" in place of "He" at beginning of second sentence. If § 94. Care of diseased animals; experiments. after examination an animal is, in the judgment of the person making the examination, suffering from tuberculosis, such animal shall be slaughtered under the provisions of this article, or, if the commissioner deems that a due regard for the public health warrants it, he may enter into a written agreement with the owner, subject to such conditions as the commissioner of agriculture may prescribe, for the separation and quarantine of such diseased animal or animals. Subject to the regulations of the department of agriculture, such diseased animal or animals may continue to be used for breeding purposes and its or their milk, after pasteurization at one hundred and eighty-five degrees Fahrenheit, may be used for the manufacture of butter or cheese or for sale. The young of any such diseased animal or animals. shall, immediately after birth, be separated from their mothers, but may be fed the milk drawn from such affected animal or animals so separated and quarantined after such milk has been pasteurized as herein provided. The owner of a herd of cattle, within the state, may apply to the commissioner of agriculture for examination of his herd by the tuberculin test; said application to be in writing upon a blank form provided by the commissioner of agriculture and to include an agreement on the part of the owner or owners of the herd to improve faulty sanitary conditions; to disinfect his premises, should diseased cattle be found, and to follow instructions of the commissioner of agriculture designed to prevent the reinfection of the herd and to suppress the disease or prevent the spread thereof. The commissioner of agriculture shall. as soon as practicable, cause such cattle to be examined accordingly, subject to the provisions of this chapter. When the commissioner deems that the conditions warrant it he may make and issue to such owner a certificate that upon such examination such herd was found free from tuberculosis or that the owner has complied with the provisions of this section by causing all affected animals to be separated from the herd and quarantined as provided herein subject to the regulations of the department of agriculture. The commissioner of agriculture may determine the place of slaughter of an animal to be killed under the provisions of this chapter. The commissioner may experiment or cause such experiments to be made or performed as he may deem necessary to ascertain or determine the best methods or means for the control, suppression or eradication of communicable or infectious disease or diseases affecting domestic animals. No person shall sell any animal known to have a communicable or infectious disease except for immediate slaughter unless such sale be made under a written |