Commissioner of Agriculture. 527 



ceptance 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 complaint, whenever it comes to his notice that either 

 of the diseases known as yellows or black knot exists or is sup- 

 posed to exist within the limits of the town or city, proceed with- 

 out 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 writiten notice signed by such agent and left at his usual 

 place of residence, or if a nonresident 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 

 faots found to exist, with an order to effectually remove and de- 

 stroy by fire or otherwise the trees or parts of trees so marked and 

 designated, within ten days, Sundays excepted, from the day of 

 the service of the notice. In case of fruit 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 remove and destroy trees or parts of trees so marked 

 by him, such agent shall cause such trees or parts of trees to be re- 

 moved and destroyed forthwith, employing all necessary assist- 

 ance for that purpose; and such agent or his employes may enter 

 upon any and all premises within the town or city for the purpose 

 of such removal and destruction. Su'ch agent shall be entitled to 

 compensation for his services under this and the preceding sec- 

 tions at a rate of two dollars for each full day spent by him in the 

 discharge of his duties, and the necesBary disbursements paid or 

 incurred by him, which with the expense and removal and destruc- 

 tion of any such trees or fruit shall be a town charge. 



