Commissioner of Agriculture. 425 



tarine trees affected with the contagious disease known as 

 yellows. Nor shall any person knowingly or wilfully keep any 

 plum, cherry or other trees affected with the contagious disease 

 or fungus known as black knot, nor any tree, shrub or plant 

 infested with or by the San Jose scale or other insect pest 

 dangerously injurious to or destructive of the trees, shrubs 

 or other plants; every such tree, shrub or plant 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 trees, shrubs or plants infected with yellows or black knot 

 or infested with San Jos£ scale, for the purpose of legally in- 

 specting 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 or 

 plants, or altogether destroying such tree if necessary to sup- 

 press such disease, 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 insect pest in any tree owned by him, shall forthwith report 

 the same to the commissioner of agriculture at Albany, New 

 York, and the said commissioner shall take such action as the 

 law provides. If in the judgment of said commissioner of agri- 

 culture or the person or persons representing him the trees,- 

 shrubs or other plants so infected, infested or diseased should 

 be destroyed, then such destruction shall be carried on and 

 completed under the supervision of the commissioner of agri- 

 culture or the person or persons duly appointed by him and 

 authorized so to do, without unnecessary delay, but the owner 

 of the trees, shrubs or plants shall be notified immediately 

 upon its being determined that such trees, shrubs or plants 

 should be destroyed by a notice in writing signed by said com- 

 missioner or the person or persons representing him, which 

 said notice in writing shall be delivered in person to the owner 

 of such trees, shrubs or plants, or left at the usual place of 

 residence of such owner, or if such owner be not a resident 

 of the town, by leaving such notice with the person in charge 



