fruit, artificial flavoring, essence of ether or any other foreign substance injurious to health, shall be known as or deemed to be adulterated wine, and shall not be sold, offered for sale or manufactured with intent to sell within this state; and all such wine and every such beverage shall be deemed a public nuisance and forfeited to the state and shall be summarily seized and destroyed by any health officer within whose jurisdiction it shall be found, and the reasonable expense of such seizure and destruction shall be a county charge. 847. Pure wine defined.-For the purpose of this article, pure wine shall be deemed to mean the fermented juice of undried grapes or other undried fruits, but the addition of pure sugar to perfect the wine or of pure distilled spirits to preserve it, not to exceed eight per cent of its volume, or the use of things necessary to clarify and fine the wine not injurious to health shall not be construed as adulteration, if such pure wine shall contain at least seventy-five per cent of pure grape or other undried fruit juice. § 48. Half wine and made wine defined; packages how stamped or labeled.-For the purpose of this article, any wine which contains less than seventy-five and more than fifty per cent of pure grape or other undried fruit juice and is otherwise pure shall be known as half wine, and upon each and every package of such wine manufacured with the intent to sell, or sold or offered for sale by any person within this state, if containing more than three gallons, there shall be stamped on both ends of the package containing the same in black printed letters, at least one inch in height and of proper proportion in width, the words “half wine;" and if containing more than one quart and not more than three gallons, there shall be stamped on each package in plain printed black letters, at least one-half inch high and of proper proportion as to width, the words "half wine;" and if in a package or bottle of one quart or less, there shall be placed a label securely pasted thereon, having the words "half wine" plainly printed in black letters at least one-quarter of an inch high and of proper proportion as to width. If any number of small packages is inclosed in a larger package, as a box, barrel, case or basket, such outside package shall have thereon the stamp "half wine" in letters of a size according to the size of such outer package. Every person who shall sell, offer for sale, or manufacture with the intent to sell, within the state any wine Tuberculosis and Glanders. $$ 49-60 containing less than fifty per centum of pure grape or other undried fruit juice and otherwise pure, shall cause all the packages containing the same to be stamped, marked and labeled with the words "made wine" in the same manner as "half wine" is required in this section to be stamped, marked and labeled, and all such wine shall be known and sold as "made wine." 49. Penalties.-Every person who manufactures with intent to sell, sells or offers for sale within the state, any wine of a kind or character, the manufacture, sale or offering for sale of which is prohibited by this article, or which is not stamped, marked or labeled as required by this article, shall forfeit to the county wherein such manufacture, sale or offering for sale takes place, the sum of one-half dollar for each gallon thereof so sold or manufactured with the intent to sell. The provisions of the three preceding sections of this article shall not apply to medicated wines which are put up and sold for medical purposes only. § 50. Report to district-attorney.-Upon discovering any violations of the provisions of the penal code relating to the adulteration of foods and drugs, the state board of health shall immediately communicate the facts to the district attorney of the county where the violation occurred, who shall thereupon forthwith commence proceedings for the indictment and trial of the person charged with such violation. Nothing in this article shall be construed to in any way repeal or affect any of the provisions of chapter 183 of the laws of 1855, or the acts amendatory thereof or supplemental thereto, or of chapter 515 of the laws of 1889, nor to prohibit the coloring of butter made from milk, the product of the dairy or the cream from the same with coloring matter which is not injurious to health. ARTICLE IV. TUBERCULOSIS AND GLANDERS. SECTION 60. Jurisdiction of state board. 61. Suppression of tuberculosis. 62. Destruction of domestic animals affected with tuberculosis or glanders. 65. Special committee of state board. 60. Jurisdiction of state board.-The state board of health shall investigate concerning the existence and cause of tuber. culosis in cattle and the danger to the public health therefrom, and shall use all reasonable means for averting and suppressing such disease. Such board may cause all proper information in its possession respecting tuberculosis in cattle to be sent to the local board of health nearest to the cattle affected, and may add thereto such useful suggestions as to the removal of the sources of danger therefrom or as to the destruction of such cattle, as to such board may seem proper. The local health authorities shall supply to the state board of health like information and suggestions respecting the existence of tuberculosis in cattle. § 61. Suppression of tuberculosis. Whenever tuberculosis shall be found among cattle in any part of the state, the state board of health shall take measures to suppress such disease and prevent the spread thereof, and may order all persons to take such precautions against the spread of such disease as it may deem necessary or expedient. Such board may call upon any peace officer in the neighborhood of such disease to enforce the orders of such board respecting such disease, and to observe and carry out the rules, orders and instructions which he may receive therefrom. Such board may prescribe regulations for the destruction of cattle affected with tuberculosis, for the proper dispensation of their hides and carcasses and of all objects which might convey the infection or contagion, and for the disinfection of premises, buildings, boats, cars, stables and other objects or places from or by which such infection or contagion might be communicated. The state board of health may employ such medical aid, veterinary practitioners and other persons as it may deem necessary, to assist in the inspection, isolation, destruction or disposition of cattle affected with tuberculosis, prescribe rules and regulations for such inspectors and employes, and fix their compensation. 62. Destruction of domestic animals affected with tuberculosis or glanders.-Whenever the state board of health may deem it necessary for the prevention of the spread of tuberculosis in cattle, such board may cause to be killed, any animal affected thereby, or which, by contact with diseased animals or by exposure to infection or contagion therefrom, such board may determine is liable to contract or communicate such disease; but no animal shall be so killed on account of tuberculosis unless first examined by a veterinary practitioner in the employ of the state Tuberculosis and Glanders. & 63 board of health, and if desired by the owner, appraised as hereinafter provided. A local board of health shall, pursuant to rules and regulations prescribed by the state board of health, cause to be killed every horse affected with glanders, found within its jurisdiction, but no horse shall be so killed on account of glanders until the value thereof be appraised as hereinafter provided. (As amended by chap. 674 of 1894, § 1.) § 63. Compensation to owners.-To determine the value of such animal, the comptroller shall designate some competent, disinterested person, residing within the judicial district in which such animal may be, to act as appraiser, with an appraiser to be selected by the owner of such animal, who shall promptly fix a time when they shall view such animal and shall proceed to appraise the value thereof. In case of a disagreement between the two appraisers, the third appraiser shall be selected by them, and the estimate of the value of either two of them shall be final. The animal shall be appraised at its sound value, provided, however, no single unregistered animal shall be appraised at more than sixty dollars; and no horse affected with glanders shall be appraised at more than fifty dollars. Each appraisal shall be in writing signed by the appraiser or appraisers agreeing, and shall be delivered by them, if the animal be suspected of tuberculosis, to the veterinary practitioner in charge of such animal, and if the animal be a horse affected with glanders, to the secretary of the local board of health having jurisdiction thereof. Upon the delivery of such appraisal such animal shall be killed, as hereinbefore provided; and if to be killed on account of tuberculosis, the veterinary practitioner in charge thereof shall forthwith make a post-mortem examination of the animal, and if it shall be discovered on such post-mortem examination that the animal was affected by tuberculosis, the owner of the animal shall be entitled to receive one-half of the appraised value; provided however that no more than sixty dollars shall be paid for a diseased registered animal and not more than twenty-five dollars shall be paid for a diseased unregistered animal, but if such examination of the animal killed on account of tuberculosis, discloses that the animal was not affected with tuberculosis, the owner shall be entitled to receive the full appraised value. The written appraisal of the value of an animal killed on account of tuberculosis, and a written statement of the result of the post-mortem examination thereof, signed by the veterinary practitioner in charge thereof, shall forthwith be transmitted by such veterinary practitioner to the secretary of the state board of health, who shall file the same in his office. The secretary of the local board of health having jurisdiction in the case of a horse affected with glanders shall, in case such horse is killed, upon receipt of the written appraisal, signed by the appraiser or appraisers, as herein before provided, forthwith make and sign a certificate of such fact, and transmit such appraisal and certificate to the secretary of the state board of health, who shall file the same in his office. Upon receipt from the veterinary practitioner, in the case of an animal killed on account of tuberculosis, or from the secretary of the local board of health having jurisdiction in the case of a horse killed on account of glanders, such secretary of the state board of health shall forthwith make a written certificate, signed by him, setting forth the name and post-office address of the owner of the animal killed, and the amount which such owner is entitled to be paid on account of the killing of such animal, and shall forthwith transmit such certificate to the comptroller, who shall issue his warrant upon the treasurer for the payment to such person of the amount so certified, and shall mail the same to such person at his post-office address as it appears by such certificate. No compensation shall be allowed to any person who shall have willfully concealed the existence of tuberculosis or glanders among his animals, or upon his premises, or who, directly or indirectly, by act or willful neglect, shall have contributed to the spread of such diseases or either of them, and no compensation shall be made under the provisions of this act to any owner, for animals killed unless the animal or animals killed shall have been actually owned and possessed by the owner thereof within this state for a period of three months prior to such condemnation. The appraisers to be appointed as aforesaid, by the comptroller, shall hold office during the pleasure of the state board of health. Each appraiser so appointed shall receive as compensation the sum of five dollars per day for each day actually employed, and shall also be paid his actual necessary disbursements, but no claim for services or disbursements shall be allowed or paid unless accompanied by a verified detailed statement thereof. (As amended by chap. 674 of 1894, § 2.) 64. Penalties.-Any person refusing to obey or violating an order, rule or regulation of the state board of health respecting tuberculosis in cattle, adopted pursuant to law, shall be liable to |