§ 88. Indemnity. The following provisions shall govern the payment of\nindemnity to owners of animals killed pursuant to the provisions of this\narticle:\n 1. In the case of a bovine animal so killed to prevent the spread of\ntuberculosis, the owner shall be entitled to receive the net proceeds of\nthe sale of the animal, and in addition thereto shall be paid indemnity\nin a sum sufficient to secure to the owner the full appraised value of\nthe animal, but not exceeding the sum of six hundred dollars for a\nregistered pure bred animal or for a pure bred animal less than three\nyears of age, not registered but eligible for registry, for which a\nreasonable time shall be granted for the presentation of registration\npapers to the department, and not exceeding the sum of five hundred\ndollars for any other bovine animal. In the case of a pure bred animal\nthree years of age or over not registered at the time of appraisal, such\nanimals shall be appraised at grade value, and in computing indemnity to\nbe paid for such animal any other appraised value shall be excluded. The\ntotal amount receivable by the owner from the net proceeds of the sale\nof the animal and indemnity from the federal government and indemnity\nfrom the state shall, in every case except as otherwise specifically\nlimited by this subdivision, equal but not exceed the full appraised\nvalue of the animal.\n If a bovine animal for which indemnity has not been paid is\nslaughtered at an establishment under state or federal meat inspection\nand the carcass thereof is found upon post mortem examination and\nlaboratory analysis to contain tubercular lesions and such carcass is\ncondemned and destroyed pursuant to state or federal regulations, the\nowner thereof shall be entitled to receive as indemnity four hundred\ndollars for carcasses weighing four hundred pounds or less, and six\nhundred dollars for carcasses weighing more than four hundred pounds.\n 2. No indemnity shall be paid to any person who shall have made any\nfalse representation, oral or written, in applying to the commissioner\nfor an examination of his or her animals, or who shall have violated any\nagreement with the state regarding such animals, entered into pursuant\nto a provision of this chapter, or who shall have failed to comply with\nany instructions or directions given by the commissioner in respect to\nthe control or eradication of any infectious or communicable diseases\namong animals, or who shall have failed to comply with any provision of\nthis article or rule or regulation promulgated pursuant to such article,\nrelating to the prevention, control, suppression or eradication of such\ndisease; provided that indemnity may be allowed when payment is deemed\nby the commissioner to further the public interest in preventing,\ncontrolling, suppressing, or eradicating the disease with respect to\nwhich indemnity is sought.\n 3. If upon post-mortem examination of an equine animal evidence of\nglanders be found, and such animal shall not have exhibited physical\nsymptoms of such disease, indemnity equal to ninety per centum of the\nappraisal value, or so much thereof as shall not exceed the sum of one\nhundred and twenty-five dollars, shall be paid. If the animal shall have\nexhibited such physical symptoms of glanders, indemnity equal to\ntwenty-five per centum of the appraised value, or so much thereof as\nshall not exceed the sum of one hundred and twenty-five dollars, shall\nbe paid.\n 4. No indemnity shall be paid unless the animal, if an equine, shall\nat the time ordered destroyed, have been within the state of New York\nfor at least twelve months; and if a bovine shall at the time ordered\ndestroyed have been within the state for at least three months, except\nthat in the discretion of the commissioner, indemnity may be paid for a\nbovine which has not been within the state three months, provided that\nthe animal at the time of entry into the state was accompanied by a\ntuberculin test
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