§ 2. The penal code is hereby amended by inserting therein a new section, to be known as section three hundred and fifty-nine-b, and to read as follows:

§ 359b. A person who violates any other provision of the navigation law for which no other punishment is prescribed is guilty of a misdemeanor.

§ 3. This act shall take effect immediately.

Chap. 589

AN ACT to amend chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-three, entitled “An act in relation to agriculture, constituting articles one, two, three, four and five of chapter thirty-three of the general laws," as amended by chapter two hundred and twenty-one of the laws of eighteen hundred and ninety-six, relative to the apportionment of moneys appropriated for the promotion of agriculture.

Became a law May 19, 1897, 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-eight of article five of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-three, as amended by chapter two hundred and twentyone of the laws of eighteen hundred and ninety-six, is hereby amended to read as follows:

§ 88. Receipts and apportionment of moneys for the promotion of agriculture.- Of all moneys appropriated for the promotion of agriculture in any one year, twenty thousand dollars thereof shall be distributed in premiums by the New York State Agricultural Society; two thousand dollars thereof shall be paid to each of the agricultural societies, agricultural clubs, or agricultural expositions which shall have held annual agricultural fairs or meetings during each of the three years next preceding such appropriation, and which shall have paid at each of such annual fairs or meetings during such three years the sum of three thousand dollars as premiums for agricultural interests, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast, under the conditions and in the manner provided by section eighty-nine of this chapter. Seventy per centum of the balance of the amount so appropriated shall be apportioned and

distributed among the various county agricultural societies and the American Institute in the city of New York; and thirty per centum thereof among the various town and other agricultural societies, agricultural clubs or agricultural expositions entitled by this section to receive thirty per centum of the moneys received by the comptroller from the tax collected from the racing associations, corporations or clubs of the state. Such apportionment and distribution shall be made by the commissioner of agriculture in the following manner. One-half of the seventy per centum to be apportioned to such county agricultural societies and the American Institute in the city of New York shall be apportioned and distributed equally and the remainder in proportion to the actual premiums paid during the previous year by such societies and institute, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in any county, or if the county agricultural society is not in active operation as such, then the town society or societies in such county, or other agricultural societies in such county, except the New York State Agricultural Society, that would otherwise be entitled to share under the thirty per centum distribution referred to in this section, shall share jointly in the distribution of such money on the same basis as they would if they were a county agricultural society, provided such societies sustain a public fair with premium list, which premium list and reports of such societies shall be forwarded and made to the commissioner of agriculture. Of the thirty per centum to be distributed among the various town and other agricultural societies, clubs or expositions one-third thereof shall be apportioned and distributed equally and the remainder in proportion to the premiums awarded and paid by said. society, club or exposition for exhibits made at the annual fair upon the awards or premiums of which they seek a portion of the money to be distributed, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. No propor tion of such amount shall be paid to any such society, club or exposition in which the actual amount paid by it as such premiums in the year preceding such apportionment, is less than five hundred dollars. All revenues which have been or shall be received by the comptroller, and not distributed as heretofore provided, and all moneys received by him from the tax collected

from racing associations pursuant to chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, and chapter five hundred and seventy of the laws of eignteen hundred and ninety-five, and all acts amendatory thereto, 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 prizes for improving the breed of cattle, sheep and horses at the various fairs throughout the state as hereinafter prescribed. Thirty per centum of the funds so collected shall be disbursed by the commissioner of agriculture among the agricultural societies, agricultural clubs or agricultural expositions of the state, which had not previous to May twenty-ninth, eighteen hundred and ninety-five, received appropriations from the state, as follows: One-third shall be apportioned and distributed equally and the remainder in proportion to the premiums awarded and paid by said society, club or exposition for exhibits made at the annual fairs upon the awards or premiums of which they seek a portion of the money to be distributed, such sums shall only be paid to such societies which have received appropriations from the state previous to the passage of this act, and are now duly organized under the laws of the state of New York, and in active operation in counties having a population according to the census of eighteen hundred and ninety-two of over three hundred and twenty-five thousand inhabitants, or which shall have held fairs, annually, during each of the three years prior to May twenty-ninth, eighteen hundred and ninetyfive, and which shall have paid, at their annual meetings or fairs during such three years, not less than one thousand dollars in the aggregate as premiums for agricultural, mechanical and domestic products, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast, and which shall have filed their report with the commissioner of agriculture, on or before July first, eignteen hundred and ninety-five, as heretofore provided in chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five. Seventy per centum of such funds shall be disbursed by the commissioner of agriculture among the various county agricultural societies throughout the state, and the American Institute, in the city of New York, as follows: One-half shall be apportioned and distributed equally, and the remainder in proportion to the premiums awarded and paid by said society, club or exposition, for exhibits made at the annual fair upon the awards or premiums of

which they seek a portion of the money to be distributed, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in any county, or if the county agricultural society is not in active operation as such, then the town society or societies in such county, or other agricultural societies in such county, except the New York State Agricultural Society, that would otherwise be entitled to share under the thirty per centum distribution referred to in this section, shall share jointly in the distribution of such money on the same basis as they would if they were a county agricultural society, provided such societies sustain a public fair, with premium lists and reports of such societies shall be forwarded and made to the commissioner of agriculture. All agricultural societies, agricultural clubs or agricultural expositions entitled to receive any portion of the moneys appropriated by the state must hereafter, on or before the fifteenth day of December, in each year, file a statement, duly verified by the secretary and treasurer, showing the amount of premiums paid at the last annual fair, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast, which statement shall be filed in the office of the commissioner of agriculture, otherwise such society, club or exposition shall forfeit its right to participate in the distribution of such moneys for premiums paid for such year. No proportion of such moneys shall be paid to any such society, club or exposition in which the actual amount paid by it as such premiums in the year preceding such apportionment, is less than five hundred dollars. Any town or other agricultural society in a county in which there is no county agricultural society in active operation and which, according to the terms of this section receives any portion of the seventy per centum of such funds apportioned to county agricultural societies, shall not receive any portion of the thirty per centum of such funds. Any such society, club club or exposition, receiving the sum of two thousand dollars under the provisions of section eighty-nine of this act, shall not receive any other portion of the money appropriated for the promotion of agriculture. Any such agricultural society, agricul tural club, agricultural exposition, or agricultural fair association, organized under the laws of the State of New York, which shall fail or neglect to hold annual fairs and file their annual reports, as provided by this law, with the commissioner of agriculture for two

consecutive years, shall forfeit all of their chartered rights including any privileges or moneys they might thereafter otherwise be entitled to under this act.

§ 2. The sum of fifty thousand dollars of the amount collected and due from racing associations in pursuance of chapter four hundred and seventy-nine of the laws of eighteen hundred and eighty-seven, as amended by chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, and chapter five hundred and seventy of the laws of eighteen hundred and ninety-five and all acts amendatory thereof or supplementary thereto is hereby appropriated out of any moneys in the treasury so collected at the time of the distribution thereof as provided herein. Such sum shall be distributed in the manner provided by section eighty-eight of the agricultural law, as amended, and in the proportion provided therein for the distribution of such moneys, and shall be payable by the treasurer on the warrant of the comptroller on the order of the commissioner of agriculture.

§ 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 4. This act shall take effect immediately.

Chap. 391.

AN ACT to amend chapter five hundred and fifty-nine of the laws of eighteen hundred and ninety-three, the title to which was amended by chapter four hundred and fifty-seven of the laws of eighteen hundred and ninety-four, to read "An act in relation to the militia, constituting chapter sixteen of the general laws," relative to the composition of a battalion.

Became a law May 19, 1897, 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 fourteen of chapter five hundred and fiftynine of the laws of eighteen hundred and ninety-three as amended by chapter nine hundred and twenty-four of the laws of eighteen hundred and ninety-five, is hereby amended to read as follows:

§ 14. Composition of a battalion.-Each battalion, not a part of a regiment, shall consist of not more than six nor less than four companies or batteries, one major, and a battalion staff of one adjutant, one quartermaster, one commissary of subsistence,