Art. 14.] Miscellaneous Provisions 1965 



person shall knowingly or willfully keep any plum, peach, almond, 

 apricot, nectarine or other trees aiiected with the contagious 

 disease known as yellows. No person shall knowingly or willfully ^eiiows. 

 keep any peach tree affected with the disease known as little p^^^'^ 

 peach. Nor shall any person knowingly or willfully keep any 

 trees, plants or vines affected or infected with the contagious disease 

 or fungus known as black knot or with any other dangerously Biack 

 injurious fungous growth or any tree, shrub, plant or vine other 

 infested or infected with or by the San Jose scale or other insect san jose 

 pest or fungous disease dang^-rously injurious to or destructive q^^J^; 

 of the trees, shrubs or other plants ; every such tree, shrub, plant "^i^^^^^- 

 or vine shall be a public nuisance, and as such shall be abated and 

 no damage shall be awarded for entering upon premises upon no damage 



° ... awarded. 



which there are trees, 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 jDurpose 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 neces- 

 sary or proper to suppress such disease or pest, if done in accord- 

 ance with the provisions of this article, except as otherwise herein 

 provided. Every person, when he becomes aware of the exist- f^^°t^,°e^oi 

 ence of such disease, fungous growth or insect pest in any tree, stock!^*^ 

 shrub, plant or vine, 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 agriculture or the 

 person or persons representing him, the trees, shrubs, plants, vines 

 or their products, boxes, containers, or packing material so in- 

 fected, infested or diseased should be destroyed or there is reason- Destruction 



' '^ of infested 



able ground to believe that such trees, shrubs, plants, vines or ^^°''^- 

 their products, containers or packing material are or may be so 

 infected, infested or diseased ^hat they should be destroyed, then 

 such destruction shall be carried on and completed under the 

 supervision of the commissioner of agriculture or the person or 

 persons duly appointed by him and authorized so to do, without Notice to 

 unnecessary delay, but the owner of the trees, shrubs, plants, vines l^^^^^^ 

 or their products, boxes, containers or packing material shall be 



