Commissioner of Agriculture. 05 



penalty of one hundred dollars would have to be inflicted, and 

 there was no authorization for a penalty of less amount. 



Again it is to be noted that by the amendment of 1898 viola- 

 tions of article III were made criminal. It is important to note 

 that by this amendment of section 37, and by every amendment 

 subsequent thereto, the first clause providing merely for a for- 

 feiture to the State, and the last clause providing that such vio- 

 lation should be held a misdemeanor, are kept co-relative and 

 changed simultaneously. 



Thus by the Laws of 1898, chapter 358, where first clause 

 stated that a violation of articles II and III should involve a for- 

 feiture, the last clause of section 37 provided that violation of 

 articles II and III should make the defendant liable to convic- 

 tion for a misdemeanor. 



Chapter 435 of the Laws of 1899 added sections 91 and 92 of 

 the Agricultural Law to the inhibition of section 37. As 

 amended by chapter 435 of Laws of 1899, the first sentence of 

 section 37 provided that a violation of sections 91 and 92 should 

 cause forfeiture to the People of the State of New York of the 

 sum of money specified, and the last sentence of section 37 that 

 the violation of sections 91 and 92 should be a misdemeanor and 

 punishable by the fine specified and by imprisonment. 



Violations of sections 91 and 92 were theretofore not punish- 

 able at all. 



The same act also provided for a forfeiture in case of violation 

 of chapter 491 of the Laws of 1898 (as to sale and transporta- 

 tion of calves), but did not make said offense criminal. 



Chapter 76 of the Laws of 1900, and chapter 559 of the Laws 

 of 1000, which amended section 37 of the Agricultural Law, 

 made no substantial change. Indeed, the law as it existed at 

 the time of the violation for which the present action is brought, 

 was substantially the same as after the amendment of 1897, but 

 the subsequent acts show that it was the intention of the Legis- 

 lature to make these violations punishable criminally instead of 

 -civilly. 



