330 STATE HORTICULTURAL SOCIETY. 



SBcrriON 1. It shall be unlawful for any person knowingly or willfully to keep any 

 plum, cherry or other trees infected with the contagious disease or fungus known ae- 

 the black-knot; that every tree so infected is hereby declared to be a public nuieance^ 

 and no damages shall be awarded in any court in this state for entering upon premises 

 and cutting away or severing the diseased part or parts of any tree so infected and 

 destroying the same, or cutting down or removing such infected tree altogether, 

 and destroying the same, if done in accordance with the provisions of this act. 



§ 2, In any town or city in this state in which such contagious disease exists, or 

 where there is good reason to beUeve it exists, or danger may be justly apprehended 

 of its introduction, it shall be the duty of the supervisor or mayor of any town or city, 

 upon the application made in writing and signed by at least three free-holders, who are 

 residents of said town or city, to appoint forthwith three competent freeholders, who 

 shall be fruitgrowers, of said tiown or city as commissioners, who shall hold office dur- 

 ing the pleasure of said supervisor or mayor, and such order of appointment and of 

 revocation shall be entered at large on the town or city records. '^^^ 



§ 3. It shall be the duty of said commissioners, within ten days after appointment as 

 aforesaid, to file their acceptances of the same with the clerk of said town or city, and 

 said clerk shall be ex-officio clerk of said board of commissioners, and he shall keep a 

 correct record of the proceedings of said board in a book to be provided for the purpose, 

 and shall file and preserve all papers pertaining to the duties and actions of said com- 

 missioners, or either of them, which shall be a part of the records of said town or city. 



§ 4. It shall be the duty of the commissioners, or any one of them, upon or without 

 complaint, whenever it comes to their notice that the disease known as the black-knot 

 exists, oris supposed to exist, within the limits of their town or city, to proceed without 

 delay to examine the trees supposed to be infected, and if the disease is found to exist a 

 distinguishing mark or marts shall be placed upon that part or those parts of every 

 tree so infected, which, in the judgment of the commissioner or commissioners, should 

 be removed and destroyed, or if in the judgment of such commissioner or commission- 

 ers, any tree so infected should be entirely removed and destroyed, then the trunk of 

 such trees shall be thoroughly girdled, and a written notice given to the owner person 

 ally, or by leaving the same at his usual place of residence, or if the owner be a non- 

 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 effect- 

 ually remove and destroy by tire the part or parts of every tree so marked and desig- 

 nated, or every such tree entire which shall be so girdled, as the case may be, within 

 ten days from the date of the notice above required. Such notice and order 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 men 

 tioned in the last section, it shall become the duty of the commissioners to carry out 

 the directions of said order, and forthwith to remove and destroy by fire every tree, or 

 part of a tree,«o girdled or marked, as aforesaid, employing all necessary aid for that 

 purpose; the expenses 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 commis- 

 sioners, their agents and employes, shall have the right and authority to enter upon 

 any and all premises within their town or city. 



§ 6. If any owner, or 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 

 the peace of any town or city, in which said offense shall be committed, shall have 

 jurisdiction thereof; and all such fines so collected shall be turned over to the super 

 visor of said town, or other proper officer, to be placed by him in the contingent fund 

 of said town or city. 



§ 7. The commissioners shall be allowed for service under this act two dollars each 

 for each full day and one dollar each for each half day, and their other reasonable 

 charges and disbursements hereunder, to be audited, as well as any other charges and 

 disbursements under this act, by the board of town auditors or proper city officers, to 

 be paid to such commissioners as other town or city accounts are paid. Such fees and 

 all reasonable charges and disbursements of said commissioners, in each case may be 

 recovered by the town in the name of the supervisor, and in cities in the name of the 

 city, from the owner of the diseased trees, on account of which such fees, charges and 

 disbursements become payable or were incurred. 



§ 8. This act shall take effect immediately. 



Approved by th& Governor. May 12. 1892. 



