HOKTICULTURAL DIVISION. 453 



witliont delay to examine tlie trees supposed to be infected, and 

 if the disease is found to exist a distinguishing mark or marks 

 shall be placed upon that part or those parts of every tree so 

 infected, which in the judgment of the commissioner or commis- 

 sion.ers should be removed and destroyed, or if in the judgment 

 of such commissioner, or commissioners any tree so infected 

 should be entirely removed and destroyed, then the tnmk of such 

 trees shall be thoroughly girdled, and a written notice given to 

 the owner personally, or by leaving the same at his usual place 

 of residence, or if the owner be a D.on-resident by leaving such 

 notice with the person in charge of such trees. The notice shall 

 contain a simple statement of the facts as found to exist, with an 

 order to effectually remove and destroy by fire the part or partis 

 of every tree so marked and designated, or every such tree entire 

 which shall be so girdled, as the case may be, within ten days 

 from the date of the n.otice above required. Such notice and 

 ordei* to be signed by the three commissioners, or any two of them. 



§ 5. Whenever any person shall refuse or neglect to comply 

 with the order mentioned in the last section, it shall become the 

 dutj' of the commissioners to carry out the directions of said 

 order, and forthwith to remove and destroy by fii*e every tree, or 

 parr of a tree, so girdled, or marked, as aforesaid, employing all 

 necessary aid for that puri)ose; the expeuses for such removal 

 and destruction to be a charge against the town or city; and for 

 the purpose of such removal and destruction, the said com- 

 missioners, their agents and employes, shall have the right and 

 authority to enter upon any and all premises within their town or 

 city. 



§ 6. In any owner, of if such owner be a non-resident, then 

 if any person in charge of such trees, neglects to remove and 

 destroy by fire every tree, or part of a tree, so found to be infected, 

 and marked, or girdled, as aforesaid, after notification, and within 

 the time hereinbefore prescribed, such person shall be guilty of a 

 misdemeanor and punished by a fine not exceeding twenty-five 

 dollars or by imprisonment in the county jail not exceeding ten 

 days, or both, in the discretion of the court; and any justice of 



