390 Ninth Annual Report of the 



Section 6. Certificate of chemist presumptive evidence. 



7. Evidence; principal's liability for acts of agent. 



8. Prosecution for penalty. 



9. Disposal of fines and moneys recovered. 



10. When injunction may be obtained. 



11. When prosecution shall not be compelled to elect. 



12. Inspection, how conducted. 



§ 1. Short title. — This chapter shall be known as the agricul- 

 tural law. 



§ 2. Commissioner of agriculture. — There shall be a department 

 of the state government known as the department of agricul- 

 ture, which shall be charged with the execution of the laws 

 relating to agriculture and agricultural products. The commis- 

 sioner of agriculture shall be the chief of the department. The 

 New York state dairy commissioner shall be the commissioner 

 of agriculture until his successor shall be appointed and quali- 

 fied. The commissioner of agriculture shall be appointed by the 

 governor, by and with the advice and consent of the senate. 

 His term of office shall be three years. He shall be paid an 

 annual salary of four thousand dollars and his necessarv ex- 

 penses not to exceed five hundred dollars, incurred in the dis- 

 charge of his official duties. He may appoint a director of 

 farmers' institutes and such clerks and assistant commissioners 

 and employ such clerks, chemists, agents and counsel as he may 

 deem necessary for the proper enforcement of such laws and the 

 proper administration of the department, who shall receive such 

 compensation as may be fixed by him and their necessary ex- 

 penses. The compensation of his clerks, assistants and other 

 persons employed by him and such necessary expenses shall be 

 paid on his certificate by the treasurer on the warrant of the 

 comptroller. All other charges, accounts and expenses of the 

 department authorized by law shall be paid by the treasurer on 

 the warrant of the comptroller, after they have been audited 

 and allowed by the comptroller. The trustees of public build- 

 ings shall furnish suitable rooms for the use of the department 

 in the new capitol. 



