he shall be guilty of a misdemeanor. All nursery stock consigned for shipment, or shipped by freight, express or other means of transportation, shall be accompanied by a copy of said certificate attached to each car, box, bale, bundle or package. Any person consigning for shipment or shipping nursery stock as above without such certificate attached shall be guilty of a misdemeanor. All transportation companies within this state receiving or carrying nursery stock from any point without the state to any point within the state shall immediately, upon receiving such consignments, notify the commissioner of agriculture of the fact that such consignment is in their possession, giving the name of the consignor and consignee, and the point of destination of such consignment. All trees, plants, shrubs, buds or cuttings, commonly called nursery stock, grown in any nursery in this state, in which San Jose scale has been found within two years of the date of the dissemination of said nursery stock or grown in said nursery within one-half mile of where said scale was found, and also all nursery stock from outside of this state, disseminated or planted in this state, after the first day of July, nineteen hundred and two, must be fumigated with hydrocyanic gas, in such manner as may be directed by the commissioner of agriculture of this state. Such fumigation must be done by the grower, consignor or consignee of such stock before planting, dissemination or reshipment, except such trees, shrubs, plants, buds or cuttings grown in this state as are planted by the grower or propagator for himself, or such as from its nature or state of growth would be exempt; in such cases the said commissioner shall declare such trees, shrubs, plants, buds or cuttings free from such treatment. All nursery stock brought into this state from outside of this state must be accompanied by a certificate from the consignor that it has been fumigated as aforesaid. Should any such stock arrive without such certificate, the transportation company delivering it shall at once notify the said commissioner to that effect. The consignee shall also at once notify him of that fact, and shall proceed to fumigate said stock, as directed by the commissioner of agriculture without delay. Should any nursery stock purchased within one year be found infested with San Jose scale on the premises of any nurseryman, it shall not be considered such an infestation as to require the fumigation of other stock not so purchased. The words " nursery stock" wherever used in this article shall apply to and include all trees, shrubs, plants, buds, willow grown for nursery, baskets, or other commercial purposes or cuttings, whether grown in a nursery or elsewhere, so far as it relates to fumigation. The provisions of this and the preceding section shall not apply to florists' greenhouse plants, flowers or cuttings commonly known as greenhouse stock, and no certificate shall be required for shipment of native stock collected in the United States, not grown in nurseries, nor to stock so shipped into the state that its sale and shipment become either interstate commerce traffic or commerce with foreign nations.

§ 306. The New York agricultural experiment station. The institution known as the New York agricultural experiment station, located in the city 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 New York agricultural experiment station and shall consist of nine members, except as hereinafter provided. The governor and commissioner of agriculture shall be members of the board by virtue of their offices. The governor shall appoint the other seven members of such board, whose term of office shall be three years, provided, however, that the present members of the board of control shall continue in office until the expiration of the terms to which

they were appointed. Such board of control, of which five members shall constitute a quorum, shall hold an annual meeting and such other meetings from time to time as they may deem necessary and 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 and other scientific and expert, work which shall be deemed necessary to accomplish the objects of said institution, and such board may employ competent and suitable chemists and other experts and persons necessary for carrying on the work of the station, and shall fix the compensation of all persons connected with the work of said station. Said station shall, besides conducting experiments and investigations for the promotion of agricultural science, perform and report to the commissioner of agriculture such analyses and other expert scientific work as said commissioner may request as necessary for the administration of the provisions of this chapter and the salaries and other expenses incurred by reason of such analyses and other expert scientific service shall be paid from fund provided to said station for the express purpose of aiding in enforcing the provisions of this chapter. Said board of control shall publish or cause to be published, from time to time, bulletins and reports giving the results of the experiments and investigations conducted by said station for the promotion of agriculture in its various branches, together with such other information as may promote the purposes and welfare of said institution. Such board shall have direction of the expenditure of all moneys appropriated to said station; the director shall annually on or before the fifteenth day of December make a full report to the board of the work accomplished by said station, which report, together with a statement of the receipts and expenditures for the year ending the thirtieth day of September then next preceding, and such other statements as may seem desirable, the board shall transmit to the commissioner of agriculture on or before the first day of January next succeeding, and said report shall constitute part of the annual report of the commissioner of agriculture. No member of said board 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 as may from time to time become necessary to carry out the objects of the station.

§ 307. The director of the New York agricultural experiment station to publish bulletins. The direc

307-a ad

tor of the New York agricultural experiment station is hereby 67-8 authorized and empowered to publish from time to time bulletins 13 c 458 giving information as to results of analyses made by him or under his authority or direction at the New York agricultural experiment station, situate in the city of Geneva and state of New York, of any commodity or substance analyzed in pursuance of or under the provisions of the statutes of this state. He may also publish bulletins containing results of analyses made of such substances or commodities, which analyses were made prior to the passage of this section and which have not heretofore been published.

§ 308. 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.

§ 309. Institutions designated to receive United States moneys. The Cornell university and the agricultural experiment station 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 eightyseven, entitled "An act to establish agricultural experiment sta

tions in connection with the colleges establi hed 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 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 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 diseases 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 sums 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. The treasurer of this state shall keep the account of all moneys hereafter received by him in pursuance of such act of congress, in a separate fund, to the credit of the Cornell university and the agricultural experiment station at Geneva, in the proportion stated in this section, and shall pay all such moneys immediately upon receipt thereof by him to the officers respectively designated therein to receive the same, upon the warrant of the comptroller, issued upon the order of

the trustees of Cornell university and the board of control of the agricultural experiment station at Geneva, in pursuance of said act of congress, which said moneys are hereby appropriated for the purposes herein stated.

§ 310 a

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13 c 459

§ 310 a

§ 310. Receipt and apportionment of moneys for 69 the promotion of agriculture. All the moneys already appropriated, or hereafter appropriated, for the promotion of agriculture in any one year, and all the revenues which have been, or shall be received by the comptroller, and all the moneys received by him from the tax collected from racing associations pursuant to article twenty of the membership corporations law, 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 the promotion of agriculture and domestic arts, for the promotion of education along agricultural lines and for the promotion of the improvement of the breeding of cattle, sheep, horses and other domestic animals at the various fairs throughout the state, and shall be apportioned and distributed as hereinafter prescribed, among all the various county agricultural societies, the American institute of the city of New York, and among the other various town or other agricultural societies, or agricultural fair associations, or agricultural expositions, or agricultural clubs which have received moneys from the state and disbursed moneys for the state for such promotion, during either one of the three years, nineteen hundred and five, nineteen hundred and six, or nineteen hundred and seven, under and by virtue of section eightyeight or eighty-nine of the agricultural law as it then existed. Such apportionment and distribution shall be made by the commissioner of agriculture in the following manner: Of such moneys already appropriated, or hereafter appropriated, there shall be apportioned and distributed to such county agricultural societies, American institute of the city of New York, and such various town or other agricultural societies, or agricultural club, or agricultural fair associations, or agricultural expositions, hereinbefore mentioned, in proportion to the actual premiums paid during the previous year by such agricultural societies, agricultural fair associations, agricultural expositions, agricultural club, and the American institute of the city of New York, exclusive of the premiums paid for trials and tests of speed, skill and endurance of man or beast. No such American institute of the city of New York, or such county agricultural society, or such town or other agricultural society, or such agricultural fair associations, or such agricultural exposition, or such agricultural club shall receive any more moneys under the provisions of this article in any one year, than it