§ 1409. Agricultural and horticultural corporations.\n (a) Definition.\n An agricultural or horticultural corporation or society is a\ncorporation formed under or by a general or special law for promoting\nagriculture, horticulture and the mechanic arts.\n (b) Type of corporation. An agricultural or horticultural corporation\nis a non-charitable corporation under this chapter, except that any such\ncorporation which has received moneys from the state or has acted as\nagent for the state under paragraph (c) of this section, or has acquired\nor does acquire real property by condemnation is or becomes a charitable\ncorporation under this chapter.\n (c) Condemnation.\n In case any agricultural or horticultural corporation or any other\nagricultural society which has received moneys from the state for\npremiums paid for improving the breed of cattle, sheep and horses, or\nhas acted as agent for the state in disbursing moneys for such purpose\ncan not acquire real property needed for its corporate purposes upon\nsatisfactory terms, it may acquire such real property by condemnation.\nAny real property acquired by condemnation, or otherwise, shall not be\nsubject to condemnation by any other private corporation except a\nrailroad corporation.\n (d) Report of corporation receiving aid; disposition of property.\n Any county agricultural corporation receiving after May tenth,\nnineteen hundred and twenty, money from any county shall, through its\nsecretary, make annually to the board of supervisors a detailed\nstatement with vouchers showing the disbursement during the year of all\nmoneys so received. If such a corporation shall cease to exist, or\nwithout satisfactory reason shall fail or neglect to hold its annual\nexhibitions or fairs for a period of two years, the board of supervisors\non notice to the corporation may petition the supreme court of the\njudicial district or the county court of the county to declare a\nforfeiture to the county of the real and personal property of the\ncorporation in whole or in part or to confer on the county a lien upon\nsuch property, whereupon such court may make a decree determining the\nlegal or equitable rights of the county in such property subject to the\nrights of creditors of the corporation.\n (e) Restrictions on the formation of corporations.\n There shall be but one county corporation in a county, and but one\ntown corporation in a town, except that a second corporation may be\nformed if it is to be the surviving corporation under a plan of merger\nwith the existing corporation, in which event, the certificate of\nincorporation of such second corporation shall have endorsed thereon or\nannexed thereto the approval of a justice of the supreme court of the\njudicial district in which the office of such corporation is to be\nlocated. Ten days written notice of the application for such approval,\naccompanied by a copy of the proposed certificate, shall be given to the\nattorney general. Whenever a new county shall be or shall have been\nerected out of a part of an existing county in which a county\ncorporation existed at the time of the erection of such new county, the\nexisting corporation may at its option be continued as the county\ncorporation of both counties. The determination of an existing\ncorporation to be continued as a county corporation for both counties\nshall be evidenced by a certificate thereof, signed and acknowledged by\na majority of the directors, and filed in the office of the secretary of\nstate and in the office of the clerk of each of such counties. A town\ncorporation may be formed for several towns, but the formation of such\ncorporation shall not prevent the formation of a separate town\ncorporation for any such town.\n (f) Annual fairs and premiums.\n Every agricultural or horticultural corporation, the American\ninstitute in the city of New York, and the New York state agricultural\nsociety, shall hold annual fairs and exhibitions, and distribute\npremi
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