Art. 14 Miscellaneous Provisions 71 c 



do such things as the said commissioner of agriculture or the 

 person or persons appointed by him shall deem necessary for the 

 eradication of said diseases. Any person who disregards or vio- 

 lates any of the provisions of this section is guilty of a misdemeanor 



and shall be punished by a fine of not less than 

 Misdemeanor. thirty dollars nor more than one hundred dol- 

 lars, or by imprisonment in the county jail for 

 not less than one month nor more than two months, or by both 

 fine and imprisonment. 



§ 304. The prevention of disease in trees, shrubs, plants and 

 vines and the extirpation of insect pests that infest the same. — 



ISTo person shall knowingly or wilfully keep any plum, peach, 

 almond, apricot, nectarine or other trees affected with the con- 

 tagious disease known as yellows. No person 

 Yellows and shall knowingly or wilfully keep any peach 

 little peach. tree affected with the disease known as little 

 peach. Nor shall any person knowingly or 

 wilfully keep any trees or plants affected with the contagious dis- 

 ease or fungus known as black knot nor any 

 Black knot and tree, shrub, plant or vine infested with or by 

 San Jose scale, the San Jose scale or other insect pest danger- 

 ously injurious to or destructive of the trees, 

 shrubs or other plants ; every such tree, shrub, plant or vine shall 

 be a public nuisance, and as such shall be abated and no damage 

 shall be awarded for entering upon premises upon which there are 

 tree?, shrubs, plants or vines which may be infected with yellows, 

 little peach or black knot or infested with San Jose scale or other 

 insect pest, for the purpose of legally inspecting the same, nor shall 

 any damage be awarded for the destruction by the commissioner of 

 agriculture, or his duly authorized agents, or representatives of 

 such trees, shrubs, plants or vines if necessary or proper to sup- 

 press such disease or pest, if done in accordance with the provisions 

 of this article, except as otherwise herein provided. Every person, 

 when he becomes aware of the existence of such disease or insert 



pest in any tree, shrub, plant or vine owned by 



Existence of him, shall forthwith report the same to the com 



infested stock missioner of agriculture at Albany, New York, 



to be reported. and the said commissioner shall take such ae- 



tion as the law provides. If in the judgmem 



^f said commissioner of agriculture or the person or persons repre 



