426 Ninth Annual Report of the 



of the premises, trees, shrubs or plants or in whose posses- 

 sion they may be; such notice shall contain a brief statement 

 of the facts found to exist whereby it is deemed necessary 

 to destroy such trees, shrubs or plants, and shall call attention 

 to the law under which it is proposed to destroy them, and 

 the owner shall within ten days from the date upon which 

 such notice shall have been received, remove and burn all such 

 diseased or infested trees, shrubs or plants. If however, in 

 the judgment of the commissioner of agriculture, any trees, 

 shrubs or plants infected with any disease or infested with 

 dangerously injurious insects can be treated with sufficient 

 remedies, he may direct such treatment to be carried out by 

 the owner under the direction of the commissioner's agent or 

 agents. In cases of objections to the findings of the inspector or 

 agent of the commissioner of agriculture an appeal may be made 

 to the commissioner of agriculture whose decision shall be final. 

 An appeal must be taken within three days from service of said 

 notice, and shall act as a stay of proceedings until it is heard 

 and decided. When the commissioner of agriculture, or the per- 

 son or persons appointed by him, shall determine that any tree 

 or trees, shrubs or other plants must be treated or destroyed 

 forthwith, he may employ all necessary assistance for that pur- 

 pose, and such person or persons, agent or agents, employee or 

 employees, may enter upon any or all premises in any city or 

 town necessary for the purposes of such treatment, removal or 

 destruction. (As amended by chapter 519 of the Laws of 1902.) 



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

 agriculture. — When the commissioner of agriculture knows or 

 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 introduction in any town or city in the 

 state, or that any dangerously injurious insect pest exists 

 within this state, and has reason to believe that danger may be 

 justly apprehended from its existence, he shall forthwith send 

 some competent person and such agent or agents as he may 



