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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 eighty-seven, entitled "An act to establish agricultural experiment stations in connection with the colleges established 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 ap propriation, 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 disease 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 sum 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.

§ 2. 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 section one of this act, and shall pay all such moneys immediately upon the 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.

§ 3. The sum of eight thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to be paid to the New York State Agricultural Experiment Station, at Geneva, for the purpose of agricultural experiments, investigations, instruction and information, in the second judicial department, pursuant to section eighty-five of the agricultural law, and the sum of eight thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, to be paid to the agricultural experiment station at Cornell university, for the purpose of horticultural experiments, investigations, instruction and information, in the fifth judicial department, pursuant to section eighty-seven of the agricultural law. Such money shall be paid by the treasurer upon the warrant of the comptroller, upon vouchers approved by the commissioner of agriculture.

§ 4. This act shall take effect immediately.

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LAWS OF 1895.

CHAPTER 70.

AN ACT to authorize the commissioner of agriculture to settle and compromise certain claims in favor of the state for violations of sections twenty-six, twenty-seven, twenty-eight and twenty-nine of the agricultural law, relating to the sale or use of oleomargarine, so called.

Became a law March 4, 1895, with the approval of the Governor. Passed, threefifths being present.

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

Section 1. The commissioner of agriculture, subject to the approval in writing of the governor and attorney-general, is hereby authorized and empowered to settle, compromise and discharge all actions and causes of actions, or claims arising under the agricultural law since its passage to the passage of this act for any violation of sections twenty-six, twenty-seven, twenty-eight and twenty-nine of the agricultural law relating to the sale or use of oleomargarine, so called.

§ 2. All moneys received pursuant to any such settlement shall be paid by said commissioner into the treasury of the state; and any settlement made pursuant to this act shall be reported by the said commissioner in his next annual report.

§ 3. This act shall take effect immediately.

CHAPTER 134.

AN ACT to amend the agricultural law, in relation to agents appointed by the commissioner of agriculture to investigate the diseases of yellows or black knot.

Became a law March 20, 1895, 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 eighty-three of the agricultural law is amended to read as follows:

$83. Appointment and duties of the agents of the commissioner of agriculture. When the commissioner of agriculture has good reason to believe that any such contagious disease exists, or that there is danger of its introduction, in any town or city in the state, he shall, on the request of the town board of such town or the common council of such city, forthwith appoint a competent freeholder of such town or city as his agent, such freeholder to be recommended by the aforesaid town board or common council who shall within ten days after his appointment, file in the office of the clerk of such town or city his acceptance of the appointment and the constitutional oath of office. Such agent shall not hold office or be entitled to receive compensation for more than thirty days in the same calendar year, unless the supervisor of such town or the mayor of such city shall request an extension of term. If so requested the commissioner of agriculture may extend the term of such agent for the number of additional days, not exceed ing thirty, specified in such request, and such agent shall be entitled to compensation accordingly. Such agent shall on or without complaint, whenever it comes to his notice that either of the diseases known as yellows or black knot exists or is supposed to exist within the limits of the town or city, proceed without delay to examine the trees or fruit supposed to be infected, and if the disease is found to exist, a distinguishing mark shall be placed upon the diseased trees. If the disease is the black knot, such distinguishing mark shall be placed on some affected part of the

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