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SECTION 5. When, in the opinion of the superintendent, any city or 

 town is not expending a sulttcuuit amount for the abatement of said nui- 

 sance, then the superintendent shall, with the advice and consent of tin- 

 governor, oi'der such city or town to expend such an amount as the super- 

 intendent shall deem necessary : prori<l< </, that no city or town where the 

 assessed valuation of real and personal property exceeds six million dol- 

 lars shall be reqxiired to expend during any one full year more than one 

 fifteenth of one per cent of such valuation, and that no town where the 

 assessed valuation of real and personal property is less than six million 

 dollars shall be required to expend during any one full year more than one 

 twenty-fifth of one per cent of such valuation. For the purposes of this 

 section the valuation of the year nineteen hundred and four shall be used. 



Any city or town failing to comply with the directions of the said super- 

 intendent in the performance of said work within the date specified by him 

 shall pay a fine of one hundred dollars a day for failure so to do ; said fine 

 to be collected by information brought by the attorney-general in the 

 supreme judicial court for Suffolk county. 



SECTION 6. The mayor of every city and the selectmen of every town 

 shall, on or before the first day of November in each year, and at such 

 other times as he or they shall see fit, or as the state superintendent may 

 order, cause a notice to be sent to the owner or owners, so far as can be 

 ascertained, of every parcel of land therein which is infested with said 

 moths ; or, if such notification appears to be impracticable, then by posting 

 such notice on said parcels of land, requiring that the eggs, pupte and 

 nests of said moths shall be destroyed within a time specified in the notice. 



When, in the opinion, of the mayor or selectmen, the cost of destroying 

 such eggs, pupae and nests on lands contiguous and held under one owner- 

 ship in a city or town shall exceed one half of one per cent of the assessed 

 value of said lands, then a part of said premises on which said eggs, pupae 

 or nests shall be destroyed may be designated in such notice, and such 

 requirement shall not apply to the remainder of said premises. The mayor 

 or selectmen may designate the manner in which such work shall be done, 

 but all work done under this section shall be subject to the approval of 

 the state superintendent. 



If the owner or owners shall fail to destroy such eggs, pupre or nests in 

 accordance with the requirements of the said notice, then the city or town, 

 acting by the public officer or board of such city or town designated or 

 appointed as aforesaid, shall, subject to the approval of the said superin- 

 tendent, destroy the same, and the amount actually expended thereon, not 

 exceeding one half of one per cent of the assessed valuation of said lauds, 

 as heretofore specified in this section, shall be assessed upon the said 

 lands ; and such an amount in addition as shall be required shall be appor- 

 tioned between the city or town and the Commonwealth in accordance 

 with the provisions of section four of this act. The amounts to be assessed 

 upon private estates as herein provided shall be assessed and collected, 

 and shall be a lien on said estates, in the same manner and with the same 

 effect as is provided in the case of assessments for street watering. 



