HOMING PIGEONS.

See Fisheries, etc., Law, §§ 85a-85c.

HOMEOPATHIC.

INSANE ASYLUM AT MIDDLETOWN; see Insanity Law, §§ 32, 34, 67, 67e.
SOCIETIES; see Medical Societies, §§ 30-38.

See also Physicians and Surgeons; Public Health Law.

HONEY.

ADULTERATING; see Public Health Law, § 41a.

Note.

HOOK AND LADDER COMPANIES.

These corporations were formerly chartered under L. 1873, c. 397. See Birdseye's R. S., 1st ed., p. 1175 et seq. Now to be chartered under Membership Corporations Law.

See Fire Companies; Town Law, § 171; Villages, §§ 60–826.

HOPE, TOWN of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 42.

HOPEWELL, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 60.
HOPKINTON, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 46.
See Fisheries, etc., Law, §§ 281, 290.

HOPS.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1819, c. 119.
See also Ale; Domestic Commerce Law, §§ 100-102; Fraud, § 1; Inspection.

HORICON, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43.

HORNBY, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 56.

HORNELLSVILLE, CITY OF.

For charter and acts relating thereto see Birdseye's Supplement to Chronological Table of Statutes, under L 1888, c. 40.

HORNELLSVILLE, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 56.

HORSEHEADS, Town OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 69.

HORSES.

1 Companies for breeding, etc., horses; contents of certificate. Any number of persons, not less than five, may become a corporation for the purpose of raising and breeding and improving the breed of horses, with all the general powers of corporations created under the laws of this state, by making, signing, acknowledging and filing a certificate which shall contain:

1. The name of the proposed corporation.

2. The objects for which it is to be formed, including a statement as to whether it is proposed to exercise the particular powers conferred by section three of this

act.

3. The amount and description of the capital stock.

4. The number of shares of which the capital stock shall consist, each of which shall not be less than five nor more than one hundred dollars.

5. The location of its principal business office.

6. Its duration, which shall not exceed fifty years.

7. The number of its directors, not less than five nor more than thirteen, who shall each be a stockholder having at least five shares of stock.

8. The names and post-office addresses of the directors for the first year. 9. The post-office addresses of the subscribers and a statement of the number of shares of stock which each agrees to take in the corporation. L. 1895, c. 570,

2 Restrictions upon commencement of business. No corporation organized under the provisions of this act shall engage in the prosecution or management of its business until the whole of its capital stock shall have been subscribed, nor until it shall have filed in the offices where its certificates of incorporation were filed, a further certificate stating that the whole of its capital stock has been in good faith subscribed, executed and acknowledged by its president, or vice-president and treasurer or secretary, and verified by them to the effect that the statements contained in it are true. Id., § 2.

1

3 Right to conduct races, offer prizes, etc. Any corporation formed under the provisions of this act, if so claimed in its certificate of organization, and if it shall comply with all the provisions of this act, and any other corporation entitled to the benefits and privileges of this act, as hereinafter provided, shall have the power and right to hold one or more trotting or running race meetings in each year, and to hold, maintain and conduct trotting or running races at such meetings. At such trotting or running race meetings the corporation, or the owners of horses engaged in such races, or others who are not participants in the race, may contribute purses, prizes, premiums or stakes to be contested for, but no person or persons other than the owner or owners of a horse or horses contesting in a race shall have any pecuniary interest in a purse, prize, premium or stake contested for in such race, or be entitled to or receive any portion thereof after such race is finished, and the whole of such purse, prize, premium or stake shall be allotted in accordance with the terms and conditions of such race. Such meetings shall not be held except during the period extending from the fifteenth day of April to the fifteenth day of November, inclusive, in each year, nor upon any race-course for more than forty days within such period. No races are authorized or shall be permitted except during such period nor except between sunrise and sunset. Id., § 3.

4 App. Div. 78.

4 Certificates and licenses to be. Except as provided in this act, no corporation or association hereafter organized under this act or heretofore organized in pursuance of law for any purpose authorized by this act, shall have any of the powers conferred by section three hereof until it shall have filed in the office or offices where its certificate of incorporation was filed, a further certificate stating that its capital stock has been fully paid in in cash; and if claiming the right to conduct running race-meetings, that it actually maintains a race-track of not less than one mile in length or circumference, the location of which shall be specified in such certificate. Such certificate shall be executed and acknowledged by its president or vice-president and its treasurer or secretary, and verified by them to the effect that the statements contained in it are true. In the case of race-courses to be used for running races or steeplechases, a license from the state racing commission must also be obtained in the manner hereinafter provided, and such license be filed with such certificate. Id., § 4.

5 State racing commission; secretary; annual report. There shall hereafter be a state racing commission. Within ten days after this act takes effect the governor shall appoint three persons to be members of such commission, who shall hold office for the term of five years, no two of whom shall be members of the same racing association. They shall receive no compensation for their services but shall be paid their necessary traveling and other expenses. Such commission shall appoint a secretary, who shall serve during their pleasure, whose duty it shall be to keep a full and faithful record of the proceedings of such commission, preserve at the general office of such commission all books, maps, documents and papers entrusted to his care, prepare for service such papers and notices as may be required of him by the commission, and perform such other duties as the commission may prescribe. He shall have the power, under the direction of the commission to issue subpoenas for witnesses and to administer oaths in all cases pertaining to the duties of his office. The total annual expenses of the state racing commission, including the salary of the secretary, shall not exceed the sum of five thousand dol

lars. Such expenses shall be paid by the several racing or steeplechase corporations or associations, owning or operating such race tracks, to be apportioned by the comptroller, who shall, on or before the first day of December in each year, assess upon each of such corporations or associations its just proportion of such expenses, and such assessment shall be collected in the manner provided by law for the collection of taxes upon corporations. Such commission shall annually make a full report to the legislature of its proceedings for the year ending with the first day of the preceding December, and such suggestions and recommendations as it shall deem desirable. L. 1895, c. 570, § 5, as am'd L. 1896, c. 380.

6 License for races; conditions thereof. Any corporation or association desiring to obtain the benefits of the provisions of section three of this act, if proposing to conduct a race-course or race meeting for running races or steeplechases, may annually apply to the state racing commission for a license to conduct running races and race meetings or steeplechases and steeplechase meetings, as the case may be. If, in the judgment of such commission a proper case for the issuance of such license is shown, it may grant such license, for a term of one year. Every such license shall contain a condition that all running races or race meetings conducted thereunder shall be subject to the reasonable rules and regulations, from time to time prescribed by the Jockey Club, a corporation organized under the laws of the state of New York, and that all steeplechase meetings or steeplechases shall be subject to the reasonable rules and regulations from time to time prescribed by the National Steeplechase Association, a corporation organized under the laws of the state of New York. Any rule or regulation of such Jockey Club or National Steeplechase Association may be modified or abrogated by the state racing commission, on giving such Jockey Club or National Steeplechase Association an opportunity to be heard. Id., § 6.

7 Revocation of licenses. If any corporation or association to which a license shall be granted shall fail or refuse to comply with the provisions of this act, or with the terms and conditions of its license, or if for any other reason the continuance of such license shall not be deemed conducive to the interests of legitimate racing, the said commission, upon the complaint of the said Jockey Club, in the case of race courses to be used for running races, or upon the complaint of the said National Steeplechase Association, in the case of race courses to be used for steeplechases, shall have the power to cancel and revoke such license. Written notice of such complaint shall be given to such corporation or association by said state racing commission within five days after receiving such complaint, which notice shall specify a time and place of hearing thereon. If the commission cancels and revokes such license all powers exercised under section three of this act by the corporation or association to which such license was granted shall cease and determine. Id., § 7.

8 When trotting and fair associations may conduct races. Any trotting association, incorporated under the laws of the state of New York, and any state, county or other fair association shall be entitled to the privileges conferred by section three of this act upon filing in the offices wherein its certificates of incorporation are filed, a certificate which shall set forth its intention to avail itself of such privileges; and any such trotting association, or state, county or other fair association shall not be required to obtain any license or file any other certificate. State, county and other fair associations entitled to conduct trotting races under the provisions of this act may also conduct running races in connection therewith, under the same provisions, and the provisions of this act requiring a race track to be of specified dimensions shall not apply to such association; but no running races shall be conducted for more than five days on any track or grounds, unless the license of the state racing commission therefor is first obtained. Id., § 8, as am'd L. 1896, c. 380.

9 Notices to be posted on grounds. Every corporation to be organized under this act or which shall be entitled to exercise any of the powers conferred by section three hereof, shall cause to be properly posted in conspicuous positions upon

the grounds whereon such races are held, printed notices or placards in large and legible type, which notices or placards shall be to the effect that all disorderly conduct, pool-selling, book-making or any other kind of gambling is prohibited, and such notices or placards shall contain a copy of section three hundred and fifty-one of the penal code. Id., § 9.

10 Special policemen; authority of peace officers. For the purpose of preserv ing order and preventing offenses against the laws prohibiting gambling, the trustees or directors of any corporation created under the provisions of this act are hereby authorized to appoint from time to time five or more special policemen, and the same to remove at pleasure, who, when appointed, shall be police officers with the same powers within and about such grounds as are vested in constables of the town where such grounds are located, whose duty when appointed shall be to preserve order within and around the grounds and race-tracks of said corporation, to protect the property within said grounds, to eject or arrest all persons who shall be improperly within the grounds of such corporation or who shall be guilty of disorderly conduct, or who shall neglect or refuse to pay the fees or to observe the rules prescribed by said corporation; and it shall be the further duty of said policemen, when appointed, to prevent all violations of law with reference to pool-selling, book-making and other gambling, and to arrest any and all persons violating such provisions, and to convey such person or persons so arrested, with a statement of the cause of such arrest, before a magistrate having jurisdiction of such offense, to be dealt with according to law. The appointment of policemen in pursuance of this section shall not be deemed to supersede in anywise on the grounds and race-track of such corporation the authority of peace officers of the jurisdiction within which such grounds and race-track are located. Id., § 10.

11 Personal liability of trustees, etc. In the event that the trustees or directors of any corporation or association created pursuant to the provisions of this act shall comply with the foregoing provisions contained in sections nine and ten hereof, then no trustee, director or officer of said corporation shall be personally liable to the imposition of any fine, or to prosecution, or in any other manner held liable for any violation, by any person other than himself, of the provisions of law with reference to pool-selling, book-making or other gambling, unless knowingly permitted by him; nor shall the maintenance of such race-course nor the holding or conducting of races thereon pursuant to the provisions of this act be construed or held to be violations of any of the provisions of chapter nine of title ten* of the penal code, or of the provisions of any penal statute not contained in said chapter. Id., § 11.

12 Annual tax on gross receipts. A tax of five per centum upon the gross receipts of every corporation exercising the privileges conferred by section three of this act, shall be annually paid by such corporation or association to the comptroller of the state of New York, within fifteen days after the first day of December in each year to be appropriated and distributed as provided by chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five and the acts amendatory thereof, but nothing herein contained shall require such tax to be paid by any state, county or other fair association organized and in active operation as such prior to the passage of chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, or which is entitled to share in the distribution of moneys for agricultural purposes as provided by chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five or acts amendatory thereof. Id., § 12, as am'd L. 1896, c. 380.

13 Annual report to comptroller. It shall be the duty of the president or treasurer of every corporation or association liable to be taxed as provided in this act to make a report in writing to the comptroller, annually, on or before the first day of December, stating the amount of its gross earnings, which shall be duly verified by the oath of its treasurer. Id., § 13.

* Betting and Gaming, §§ 13-29.

14 Examination of company's books; forfeiture of charter. Whenever any such corporation or association shall neglect or refuse to make such report at the time prescribed in this act, or whenever the report is unsatisfactory to the comptroller, or whenever in the judgment of the comptroller, the interests of the state would be promoted thereby the comptroller is authorized to examine or cause to be examined its books and records, and to fix and determine the amount of tax due in pursuance of the provisions of this act, either from such books and records, or from any other data in his possession which shall be satisfactory to him, and to settle and account for such tax, together with the expenses of such examination against such association. In case of the nonpayment of the amount of tax so ascertained to be due, together with the expenses of such examination, for a period of thirty days after notice to any such corporation or association so in default, it shall be liable in addition thereto to pay to the state for each such omission or failure, a sum not less than five hundred nor more than one thousand dollars; the same may be sued for and recovered in the name of the people of the state in any court having competent jurisdiction, by the attorney-general at the instance of the comptroller. The comptroller is also authorized and required to report any failure of any such corporation or association to make such report and to pay its tax to the governor, who, if he shall be satisfied that such failure was intentional, shall thereupon direct the attorney-general to take proceedings in the name of the people of the state to declare the charter of such corporation or association to be forfeited and its charter privileges at an end, and for such intentional failure the charter privileges, corporate rights and franchises of every such corporation or association shall cease, end and be determined. L. 1895, c. 570, § 14, as am'd L. 1896, c. 380.

15 Tax receipts. The comptroller shall issue to every such corporation or association paying a tax under the provisions of this act a receipt for the same, and such receipt shall be presumptive evidence of such payment. Id., § 15.

16 Penalty for unlawful racing and betting. All racing or trials of speed between horses or other animals for any bet, stake or reward, except such as is allowed by this act, or by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in such bet, stake or reward is guilty of a misdemeanor; and in addition to the penalty prescribed therefor he forfeits to the people of this state all title or interest in any animal used with his privity in such race or trial of speed, and in any sum of money or other property betted or staked upon the result thereof. Id., § 16.

17 Betting forbidden; penalty. Any person who, upon any race-course authorized by or entitled to the benefits of this act, shall make or record, directly or indirectly, any bet or wager on the result of any trial or contest of speed or power of endurance of horses taking place upon such race-course, shall forfeit the value of any money or property so wagered, received or held by him, to be recovered in a civil action by the person or persons with whom such wager is made, or by whom such money or property is deposited. This penalty is exclusive of all other penalties prescribed by law for the acts in this section specified, except in case of the exchange, delivery or transfer of a record, registry, memorandum, token, paper, or document of any kind whatever as evidence of any such bet or wager, or the subscribing by name, initials or otherwise, of any record, registry or memorandum in the possession of another person of a bet or wager, intended to be retained by such other person or any other person as evidence of such bet or wager. Id., § 17. 4 App. Div. 78.

18 Same. No corporation or association conducting a running or trotting race meeting in pursuance of this act shall, under any guise or pretense, directly or indirectly, exact or accept any compensation from any person for the privilege of making and recording bets or wagers on the result of a race on the track of such corporation or association, or, directly or indirectly, share or participate in any such bet or wager. Any officer or agent of a corporation or association violating this section, or aiding or abetting the violation thereof, shall be guilty of a