NEW YORK YELLOWS AND BLACK-KNOT LAW. 

 Article 5, Chapter jj8, Laws of iSpj. 



Section 82. The prevention of disease in fruit trees.— No person 

 shall knowingly or willfully keep any peach, almond, apricot or nectarine 

 tree affected with a contagious disease known as yellows, or offer for sale or 

 shipment, or sell or ship to others any of the fruit thereof. Nor shall any 

 person knowingly or willfully keep any plum, cherry or other trees infected 

 with the contagious disease or fungus, known as black-knot. Every such 

 tree and the fruit of a tree infected with yellows shall be a public nuisance, 

 and no damages shall be awarded for entering upon premises and destroying 

 such trees and fruit if infected with yellows or for cutting away the diseased 

 part of any tree infected with black-knot or altogether destroying such tree 

 if necessary to suppress such disease, if done in accordance with the provis- 

 ions of this article. Every person when he becomes aware of the existence 

 of such disease in any tree or fruit owned by him, shall forthwith destroy or 

 cause such tree or fruit to be destroyed or the infected part to be cut away. 



I 83. Appointment and duties of the agent of the commissioner 

 of agriculture. — When the commissioner of agriculture knows and has 

 reason to believe that any such contagious disease exists, or that there is 

 good reason to believe it exists, or danger is justly apprehended of its intro- 

 duction in any town or city in the state, he shall forthwith appoint a compe- 

 tent freeholder of such town or city as his agent, who shall hold office during 

 his pleasure and who shall within ten days after his appointment, file an 

 acceptance of the appointment, with the constitutional oath of office, in the 

 office of the town clerk of the town. Such agent shall on or without com- 

 plaint, whenever it comes to his notice that either of the diseases known as 

 yellows or black-knot exists or is supposed to exist within the limits of the 

 town or city, proceed without delay to examine the trees or fruit supposed 

 to be infected, and if the disease is found to exist, a distinguishing mark 

 shall be placed upon the diseased trees. If the disease is the black-knot, such 

 distinguishing mark shall be placed on some affected part of the trees, or if 

 in the judgment of such agent any such trees should be entirely destroyed, 

 then the trunk of such tree shall be thoroughly girdled, and thereupon the 

 owner notified personally, or by a written notice signed by such agent and 

 left at his usual place of residence, or if a non-resident by leaving the notice 

 with the person in charge of the trees or fruit, or in whose possession they 

 may be. Such notice shall contain a statement of all the facts found to exist, 

 with an order to effectually remove and destroy by fire or otherwise the trees 

 or parts of trees so marked and designated, within ten days, Sundays ex- 

 cepted, from the day of the service of the notice In case of frtrit so infected, 

 the notice shall require the person in whose possession or control it is found, 

 to immediately destroy the same or cause it to be done. 



^ 84. Proceedings in case of owner's failure to destroy. — If any 

 person shall refuse or neglect to comply with the order of such agent to re- 

 move and destroy trees or parts of trees so marked by him, such agent shall 

 cause such trees or parts of trees to be removed and destroyed forthwith, 

 employing all necessary assistance for that purpose ; and such agent or his 

 employes may enter upon any and all premises wnthin the town or city for 

 the purpose of such removal and destruction. Such agent shall be entitled 

 to compensation for his services under this and the preceding sections at a 

 rate of two dollars for each full day spent by him in the discharge of his 

 duties, and the necessary disbursements paid or incurred by him, which with 

 the expense and removal and destruction of any such trees or fruit shall be 

 a town charge. 



