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 commissior.er, to assist in carrying out the provisions of this article. 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.

35 § 99 a

§ 99. Appraisal of diseased animals. An appraiser shall determine the value of each animal directed to be slaugh- 10 670 tered. Such value shall be the market value of such animal at the time of making the appraisement, but the appraisal value of each bovine animal shall not exceed the sum of seventy-five dollars, and the appraisal of each equine animal shall not exceed the sum of one hundred and twenty dollars. If the value of the condemned animals determined by the appraiser is not 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 article 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. (Thus amended by L. 1909, ch. 314, in effect October 1, 1909.)

Amendment of 1909 inserted "bovine" and clause beginning with, "and the" and ending with " twenty dollars ", in second sentence.

§ 100. Certificate of appraisal. The appraiser shall execute and deliver to the owner of the condemned animals a certificate verified by him stating the appraised value of such

36

§ 102 a '14 e 28

animals; if such value was determined by arbitrators, there shall be attached to such certificate a statement of the value so determined, signed and verified by at least two of the arbitrators. The form and contents of such certificates shall be prescribed by the commissioner of agriculture.

§ 101. Post-mortem examination of animals. All animals suspected of being tuberculous or glandered, and killed therefor, shall be examined by a medical or veterinary practitioner designated by the commissioner for the purpose of determining whether or not such disease existed in such animals. There shall be attached to the certificate of appraisal, a statement of the result of such examination, describing the animals found to be tuberculous or glandered and those which were found not to be tuberculous or glandered. The form of such statement shall be prescribed by the commissioner of agriculture. Such statement shall be verified by the veterinary or medical practitioner making the examination. (Thus amended by L. 1909, ch. 314, in effect October 1, 1909.)

Amendment of 1909 inserted "or glandered" after "tuberculous ", wherever occurring, and struck out "slaughtered ", in first sentence, in place of "killed" inserted.

§ 102. Compensation of owners of animals destroyed. The actual appraised value at the time they are killed of all animals killed 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 killed, 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 glanders then they shall be paid for in the manner following: If an animal has glanders, not manifest by clinical symptoms, the owner thereof shall be paid eighty per centum of the appraised value. If the animal has glanders showing clinical symptoms, the owner thereof shall be paid therefor fifty per centum of the appraised value. 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 animals shall have been within the state for a period of at least six months if suffering from tuberculosis or twelve months if suffering from glanders. If the meat of the slaughtered bovine 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 custo dian 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 certificate 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. (Thus amended by L. 1909, ch. 314, in effect October 1, 1909.) Amendment of 1909 materially changed former section, which read as fol

lows:

§ 102. 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 postmortem 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 twentyfive cents per day per head. The certificate of appraisal, and the statement of the result of the post-mortem 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

'10 c 561

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.

§ 103. Expenses. All expenses incurred by the commissioner in carrying out the provisions of this article and in performing the duties herein devolved upon him shall be audited by the comptroller as extraordinary expenses of the department of agriculture, and paid out of any moneys in the treasury appropriated for such purposes.

§ 104. Federal regulations. (Repealed by L. 1909, ch. 232, in effect April 22, 1909.)

Section repealed read as follows:

§ 104. Federal regulations. The commissioner of agriculture may accept, in behalf of the state, the rules and regulations prepared and adopted by the commissioner of agriculture or the secretary or department of agriculture of the United States, under any act of congress for the establishment of a bureau of animal industry or to prevent the exportation of diseased cattle or to provide means for the extirpation and suppression of pleuro-pneumonia and other contagious diseases among domestic animals and shall co-operate with the authorities of the United States in the enforcement of the provisions of any such act.

§ 105. Rights of federal inspectors. (Repealed by L. 1909, ch. 232, in effect April 22, 1909.)

Section repealed read as follows:

§ 105. Rights of federal inspectors. The inspectors of the bureau of animal industry of the United States shall have the right of inspection, quarantine and condemnation of animals affected with any contagious, infectious or communicable disease, or suspected to be so affected or that may have been exposed to any such disease, and for such purposes they may enter upon any ground or premises; they may call the sheriff's, constables and peace officers to assist them in discharge of their duties in carrying out the provisions of any such act; and all sheriffs, constables and peace officers shall assist such inspectors when so requested, and such inspectors shall have the same powers and protection as peace officers, while engaged in the discharge of their duties. This state shall not be liable for any damages or expenses caused or made by such inspectors.

§ 106. Shipping, slaughtering and selling veal for 38 § 106 a food. No person shall slaughter or expose for sale, or sell any calf or carcass of the same or any part thereof, unless it is in good healthy condition. No person shall sell or expose for sale any such calf or carcass of the same or any part thereof, except the hide, unless it was, if killed, at least four weeks of age at the time of killing. No person or persons shall bring or cause to be brought into any city, town or village any calf or carcass of the same or any part thereof for the purposes of selling, offering or exposing the same for sale, unless it is in a good healthy condition, and no person or persons shall bring any such calf or carcass of the same or any part thereof except the hide into auy city, town or village for the purpose of selling, offering or

exposing the same for sale, unless the calf is four weeks of age, ɔr, if killed, was four weeks of age at the time of killing, provided however that the provisions of this section shall not apply to any calf or carcass of the same or any part thereof, which is slaughtered, sold, offered or exposed for sale, for any other purpose than for food. Any person or persons exposing for sale, selling or shipping any calf or carcass of the same will be presumed to be so exposing, selling or shipping the said calf or carcass of the same for food. Any person or persons shipping any calf for the purpose of being raised, if the said calf is under four weeks of age, shall ship it in a crate, unless said calf is accompanied by its dam. Any person shipping calves under four weeks of age for fertilizer purposes must slaughter the said calves before so shipping. Any person or persons duly authorized by the commissioner of agriculture may examine any calf or veal offered or exposed for sale or kept with any stock of goods apparently exposed for sale and if such calf is under four weeks of age, or the veal is from a calf killed under four weeks of age, or from a calf in an unhealthy condition when killed, he may seize the same and cause it to be destroyed and disposed of in such manner as to make it impossible to be thereafter used for food.

§ 107. Shipping veal. It shall be unlawful for any corporation, partnership, person or persons to ship to or from any part of this state any carcass or carcasses of a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped, in a conspicuous place, a tag, that shall stay 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.

§ 108. Receiving veal for shipment by common carriers. 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 or parts thereof shall be tagged as herein provided.

ARTICLE 6

Prevention of Fraud in Sale of Paris Green and Other Substances

Section 140. State manufacturer and the dealer in original packages to file certificate with commissioner of agriculture.

141. Certificate to be given by the commissioner of agriculture to state manufacturer and dealer in

original packages.