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thereon during such transportation, stating the name or names of the person or persons who raised the calf, the name of the shipper, the points of shipping and the destination and the age of the calf. (Added by chap. 491 of 1898, § 1.)

873. Untagged calf carcasses not to be carried. On and after the passage of this act, no railroad company, express company, steamboat company or other common carrier, shall carry or receive for transportation any carcass or carcasses of calves, or any part of the same except the hide, unless the said carcass or carcasses of or parts thereof shall be tagged as herein proved. (As added by chap. 491 of 1898, § 1.)

ARTICLE V.

SUGAR BEET CULTURE.

SECTION 71. Commissioner of agriculture to apportion moneys appropriated for promotion of sugar beet culture.

72. Persons, et cetera, to whom moneys may be apportioned.

73. Statements; inspections, branding of packages.

74. Inspectors, to be appointed by commissioner.

75. Weighman, powers and duties.

76. Apportionment of moneys by commissioner of agriculture.

871. Commissioners of agriculture to apportion moneys appropriated for promotion of sugar beet culture.—Money appropriated for the promotion of sugar beet culture by scientific and practical experiment shall be apportioned by the commissioners of agriculture to the persons, firms, associations or corporations entitled thereto, according to the provisions of this article. (Added by chap. 500 of 1897.)

72. Persons, et cetera, to whom moneys may be distributed. Any person, firm, association or corporation, engaged in the manufacture of sugar from beets grown in the State of New York, upon registration in the office of the commissioner of agriculture, and filing a certificate therein, stating the name of such person, firm, association or corporation, the location of the factory, and the capacity thereof, and the time when the manufacture of sugar began or is to begin, shall be entitled to a distributive. share of the amount appropriated for the promotion and encouragement of sugar beet culture, as provided in this article. No such person, firm, association or corporation shall receive any portion of the moneys so appropriated, unless all the beets used in the manufacture of such sugar are grown within the State of

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New York, and unless the grower received therefor a net sum of not less than five dollars per ton, to be delivered at such point as may be agreed upon by the grower and the manufacturer, and provided such beets are not grown by the manufacturer of such sugar. No money shall be distributed to such manufacturers, unless the sugar manufactured by them shall contain at least ninety per centum of crystalized sugar. The commissioner of agriculture may expend such sum or sums as he may deem necessary or expedient, not exceeding ten per centum of the amount appropriated for the purposes of this article, in practical and scien tific experiments in growing sugar beets in one or more sections of this state, for the purpose of determining the adaptability of the soil thereof for the production of sugar beets. (Added by chap. 500 of 1897 and amended by chap. 303 of 1899.)

§ 73. Statements; inspections, branding of packages.—The quantity and quality of sugar upon which said money is to be paid shall be determined by the commissioner of agriculture of this state, with whom all claimants shall, from time to time, file verified statements showing the quantity and quality of sugar manufactured by them, the price paid the producer for beets and upon which said money is claimed. The said commissioner shall, without unnecessary delay, visit or cause to be visited by such persons as he shall designate in writing, the factory vhere said sugar has been produced or manufactured, and take such evidence by the sworn testimony of the officers or employes of such factory or others, as to the amount and quality of sugar so manufactured, and the price paid for beets as to him or the person so designated by him shall appear satisfactory and conclus ve. The sugar so manufactured shall be placed by the manufacturer in original packages, which shall be examined and branded by the said commissioner or person by him designated, with a suitable brand, showing the quantity and the quality of sugar contained in each of said packages, of which an accurate account shall be kept by said inspector, and filed in the office of the commissioner of agriculture of this state. (Added by chap. 500 of 1897.)

8 74. Inspectors, to be appointed by commissioner.-It shall be the duty of the commissioner of agriculture to appoint a resident inspector in each town or city where one or more manufactories of sugar may be located in this state, the aggrega:e output of which factories shall exceed two thousand pounds of sugar per day, and such examiner shall make such examinations take

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such evidence and make such records and reports as is specified in section two of this act. The compensation or fee for such service of said inspector shall not exceed the sum of twenty-five cents for each package so branded, nor the sum of five dollars per day for any one day's service, and such resident inspector shall be required to give a good and sufficient bond in the sum of not less than two thousand dollars to the state of New York, contingent on the faithful performance of his duties, said bond to be approved by the said commissioner of agriculture. Said fees or compensation, together with the cost of said brand and any and all analysis that the said commissioner of agriculture or other authorized inspector shall require to be made, shall be borne and paid by the claimant of said money. (Added by chap. 500 of 1897.)

875. Weighman, powers and duties.—It shall be the duty of the commissioner of agriculture to appoint at each sugar manufactory in this state where the output of such manufactory shall exceed two thousand pounds of sugar per day, a person who shall weigh all beets received by the person or persons, corporation or association operating said manufactory. Such person shall be known as the weighman, and he shall keep accurate record of all duties performed by him. He shall discharge all duties pertaining to his position in an impartial manner, and shall furnish the commissioner of agriculture with a good and sufficient bond in the sum of two thousand dollars for the faithful discharge of his duties as prescribed by this act. The commissioner of agriculture may appoint such person or persons to assist said weighman as the service to be performed may require. Each person so appointed shall give bond as provided by this section. The weighman shall take into his possession, promptly on receipt of beets at such manufactory, such samples of beets as he deems fair and equitable, from which to remove dirt or other dockage. He shall then promptly weigh all beets from which samples have been taken and keep an accurate record of all weights, and all of such records shall show the names of both the seller and the buyer. The weights furnished by said weighman shall be accepted by both the seller and the buyer, and upon such weights so furnished settlement between the seller and the buyer shall be made. The compensation or fee allowed such weighman shall not exceed the sum of five dollars per day for time actually employed and for his assistants a sum not to exceed three dollars per day for

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the time actually employed. All expenses arising from the duties of said weighman or his assistants, as prescribed by this act, shall be paid by the person or persons, corporation or association operating such manufactory where such expense is incurred. The foregoing provisions of this section as to weighing shall not apply to such beets as are weighed by agreement of the buyer and seller at the station of shipment, but the weighing in such cases shall be done by persons appointed by the commissioner of agriculture and the expense of such weighing shall be borne as provided in this act. (Added by chap. 500 of 1897 and amended by

chap. 101 of 1899.)

§ 76. Distribution of moneys by commissioner of agriculture. -On or before the first day of February in each year, the commissioner of agriculture shall prepare a detailed statement of the quantity of sugar manufactured by each person, firm or association or corporation entitled to receive a portion of the moneys appropriated for the promotion and encouragement of sugar beet culture. He shall apportion to each such person, firm, association or corporation the money so appropriated according to the amount of sugar of the grade described in this article manufactured by each of them, during the preceding year. Not more than one cent a pound shall be paid in any one year on account of the sugar so manufactured. Such commissioner of agriculture shall certify to the comptroller the amount apportioned to each manufacturer of sugar according to the provisions of this article; and the comptroller shall draw his warrant upon the state treasurer for the amount so certified, payable to the party or parties to whom such apportionment was made. (Added by chap. 500 of 1897.)

ARTICLE VI.

MISCELLANEOUS PROVISIONS.

SECTION 80. The prevention of disease among bees.

81. Duties of the commissioner.

82. The prevention of disease in fruit trees, and the extirpation of insects that infect the same.

83. Appointment and duties of the agent of the commissioner of agriculture.

84. Repealed.

85. The New York agricultural experiment station.

86. The state weather bureau.

87. The agricultural experiment station at Cornell University.

Miscellaneous Provisions.

§§ 80-81

SECTION 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. Distribution of money appropriated for certain agricultural

societies.

91. Annual report to the commissioner of agricultural and state

society.

92. Imitations of maple sugar prohibited.

92. Maple sugar compounds and syrups.

§ 80. The prevention of disease 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 immediately notify the commissioner of agriculture of the existence of such disease. (As amended by chap. 223 of 1899, § 1.)

§ 81. Duties of the commissioner.-The commissioner of agriculture shall immediately upon receiving notice of the existence of foul brood among bees in any locality, send some competent person or persons to examine the apiary or apiaries reported to him as being affected, and all the other apiaries in the immediate locality of the apiary or apiaries so reported; if foul brood is found to exist in them, the person or persons so sent by the commissioner of agriculture shall give the owners or caretakers of the diseased apiary or apiaries full instructions how to treat said cases. The commissioner of agriculture shall cause said apiary or apiaries to be visited from time to time as he may deem best and if, after proper treatment, the said bees shall not be cured of the disease known as foul brood, then he may cause the same to be destroyed in such manner as to be necessary to prevent the spread of the said disease. For the purpose of enforcing this act, the commissioner of agriculture, his agents, employes, appointees or counsel, shall have access, ingress and egress to all places where bees or honey or appliances used in apiaries may be, which it is believed are in any way affected with the said disease of foul brood. No owner or caretaker of a diseased apiary, honey or appliances shall sell, barter or give away any bees, honey or appliances from said diseased apiary, or expose other bees to the danger of said disease, nor refuse to allow the said commissioner of agriculture, or the person or persons appointed by him to inspect said apiary, honey or appli

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