cordingly, subject to the provisions of the agricultural law. 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 the agricultural law. 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 contract signed by both parties specifying the disease with which such animal is infected, a copy of which shall be filed in the office of the commissioner of agriculture. No person shall knowingly inject into any bovine animal as and for tuberculin any substance which is not tuberculin.

§ 2. Section sixty-seven of such chapter, as amended by chapter three hundred and twenty-one of the laws of nineteen hundred and one, and chapter two hundred and fifty-three of the laws of nineteen hundred and four, is hereby amended to read as follows:

8 67. Bureau of veterinary service; chief veterinarian; appraisers. There is hereby established in the department of agriculture a bureau of veterinary service. The bureau shall be in charge of a chief veterinarian, who shall be an experienced veterinarian appointed by the commissioner of agriculture. He shall receive an annual salary of three thousand dollars and all necessary traveling and other expenses incurred in the performance of his duties. Such chief veterinarian or other veterinarians employed by the commissioner shall have all the powers of an appraiser of condemned animals under this article. The chief veterinarian shall, under the direction of the commissioner of agriculture, have general charge of the enforcement of the provisions of this article, and shall collect and disseminate through farmers' institutes or otherwise, as the commissioner may direct, informa

tion and statistics in relation to the diseases of domestic animals, the proper care and sanitation of stables and other buildings used for the stabling of farm animals for the purpose of preventing the existence and spread of infectious and contagious diseases, the methods of feeding, the methods of improving the breed or milking qualities of cattle, and such other matters as the commissioner may direct. All veterinarians in the state shall immediately report to the commissioner of agriculture the existence among animals of any infectious or communicable disease coming to their knowledge. The report shall be made in writing and shall include a description of the diseased animal or animals, the name and address of the owner or person in charge of the animal, if known, and a statement as to the location of the animal. No person shall conceal or attempt to conceal any animal suffering from an infectious or communicable disease so that the same shall not come to the knowledge of the commissioner of agriculture. The commissioner of agriculture may appoint and at pleasure remove two confidential agents at salaries not to exceed eighteen hundred dollars, to be fixed by the commissioner, to assist in carrying out the provisions of this statute. He may appoint and at pleasure remove one state appraiser of condemned animals, who shall be a person of experience and well acquainted with the value of farm animals; and shall receive an annual salary of fifteen hundred dollars, and all necessary traveling and other expenses incurred in the performance of his duties. The commissioner of agriculture may employ from time to time such additional appraisers of condemned animals as the work of his department may necessitate, who shall receive compensation at the rate of five dollars per diem and all traveling and other expenses necessarily incurred while engaged in the performance of their duties.

§ 3. Section sixty-eight of such chapter, as amended by chapter three hundred and twenty-one of the laws of nineteen hundred and one, is hereby amended to read as follows:

§ 68. Appraisal of diseased animals.— An appraiser shall determine the value of each animal directed to be slaughtered. Such value shall be the market value of such animals at the time of making the appraisement, but the appraisal value of each animal shall not exceed the sum of seventy-five dollars. If the value of the condemned animals determined by the appraiser is not 1 satisfactory to the owner of such animals, the value shall be

determined by arbitrators, one to be appointed by the state appraiser and one by the owner of the animals. If such arbitrators are not able to agree as to the value of the animals, a third arbitrator shall be appointed by them. The value determined by such arbitrators shall not exceed the limits established by this act and, after approval by the commissioner of agriculture, shall be final. The arbitrators selected by the owner of the animals shall be paid by the said owner, the other arbitrator or arbitrators shall be paid by the state at a rate of compensation not to exceed five dollars per day and necessary expenses. Such appraiser of condemned animals and the arbitrators appointed under this section may administer oaths to and examine witnesses.

§ 4. Section seventy-a of such chapter, as inserted by chapter three hundred and twenty-one of the laws of nineteen hundred and one, and amended by chapter one hundred and sixty-seven of the laws of nineteen hundred and five, is hereby amended to read as follows:

70-a. Compensation of owners of animals destroyed. The actual appraised value, at the time they are killed of all animals slaughtered under the provisions of this article, which shall be found upon a post-mortem examination not to have had the disease for which they were slaughtered, unless the same were killed on account of the violation of quarantine regulations, shall be paid to the owners of such animals. If such animals are found upon post-mortem examination to have been suffering from tuberculosis, then they shall be paid for in the manner following, to wit: If an animal has localized tuberculosis, the owner thereof shall be paid eighty per centum of the appraised value. If the animal has generalized tuberculosis, the owner thereof shall be paid therefor fifty per centum of the appraised value, but no animal slaughtered under the provisions of this article shall be paid for as herein provided unless the said animal shall have been within the state for a period of at least six months. If the meat of the slaughtered animal shall be passed for use as food, under official regulations, the commissioner of agriculture is hereby authorized to sell the same and the proceeds from the sale of the meat, hide and other marketable parts of the said animal shall be paid into the state treasury. For each and every day the owner or custodian of the animals condemned is obliged to keep them, in excess of seven days from the date of the condemnation, he shall be allowed and paid the sum of twenty-five cents per day per head. The certifi

cate of appraisal, and the statement of the result of the postmortem examination shall be presented by the owner or his legal representatives or assigns to the commissioner of agriculture. The commissioner of agriculture shall issue his order for the amount due as shown by such certificate and statement, after he has found them to be correct, which shall be paid by the state treasurer on the warrant of the comptroller out of moneys appropriated therefor. No compensation shall be made to any person who has wilfully concealed the existence of disease among his animals or upon his premises, or who in any way by act, or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented, nor for any animal which upon a post-mortem examination is found to have the disease on account of which it was slaughtered or any dangerously contagious or infectious disease that would warrant the destruction of such animal, except as herein provided.

5. This act shall take effect immediately.

Chap. 519.*

AN ACT to amend the code of civil procedure, in relation to the jurisdiction of the court of claims.

Became a law, June 16, 1908, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred and sixty-four of the code of civil procedure is hereby amended to read as follows:

§ 264. Jurisdiction. The court of claims possesses all of the powers and jurisdiction of the board of claims. It also has jurisdiction to hear and determine a private claim against the state, including a claim of an executor or administrator of a decedent who left him or her surviving a husband, wife or next of kin, for damages for a wrongful act, neglect or default, on the part of the state by which the decedent's death was caused, which shall have accrued within two years before the filing of such claim and the state hereby consents, in all such claims, to have its liability determined. It may also hear and determine any

* Passed at extraordinary session.

claim on the part of the state against the claimant, or against his assignor at the time of the assignment; and must render judg ment for such sum as should be paid by or to the state. But the court has no jurisdiction of a claim submitted by law to any other tribunal or officer for audit or determination except where the claim is founded upon express contract and such claim, or some part thereof, has been rejected by such tribunal or officer. In no case shall any liability be implied against the state, and no award shall be made on any claim against the state except upon such legal evidence as would establish liability against an individual or corporation in a court of law or equity. No claim other than for the appropriation of land shall be maintained against the state unless the claimant shall within six months after such claim shall have accrued, file in the office of the clerk of the court of claims and with the attorney-general a written notice of intention to file a claim against the state, stating the time when, and the place where such claim arose and in detail the nature of the same, which notice shall be signed and verified by the claimant before an officer authorized to administer oaths. The attorneygeneral may require any person filing such a notice of claim for any cause whatever against the state to be sworn before him or one of his deputies designated by him for that purpose within the county of the claimant's residence, relating to such claim and when so sworn, to answer orally as to any facts relative to the justness of such claim. Willful false swearing before the attorney-general or deputy attorney-general is perjury and punishable as such. Provided, however, that nothing herein shall be construed to confer jurisdiction of any claim which accrued more than three years prior to the time when this section, as amended, takes effect, but, as to claims which accrued within three years prior to the time when this section, as amended, takes effect, and as to claims which have heretofore been filed in the court of claims and which have been dismissed for lack of jurisdiction within three years last past the court shall have jurisdiction, if a notice of intention to file such claim is filed in the office of the clerk of the court of claims and with the attorney-general within six months and such claim is filed within one year after this section, as amended, takes effect. Provided further, that nothing herein contained shall be construed to allow the court to hear any claim which as between citizens of the state would be barred by