﻿1033 
  Seventh 
  Annual 
  Rkpokt 
  of 
  the 
  

  

  disease 
  in 
  any 
  tree 
  or 
  fruit 
  owned 
  by 
  hlra, 
  shall 
  forthwith 
  destroy 
  

   or 
  cause 
  such 
  tree 
  or 
  fruit 
  to 
  be 
  destroyed 
  or 
  the 
  infected 
  part 
  to 
  be 
  

   cut 
  away. 
  

  

  (Amended 
  hy 
  chapter 
  134 
  of 
  the 
  Laios 
  of 
  1895, 
  and 
  chapter 
  482 
  of 
  

  

  the 
  Laws 
  of 
  1898.) 
  

  

  § 
  83. 
  Appointment 
  and 
  duties 
  of 
  the 
  agent 
  of 
  the 
  commis- 
  

   sioner 
  of 
  agriculture. 
  When 
  the 
  commissioner 
  of 
  agi'icultiire 
  

   knows 
  and 
  has 
  reason 
  to 
  believe 
  that 
  any 
  such 
  contagious 
  disease 
  

   exists, 
  or 
  thart 
  there 
  is 
  good 
  reason 
  to 
  believe 
  it 
  exists, 
  or 
  danger 
  is 
  

   justly 
  apprehended 
  of 
  its 
  introduction 
  in 
  any 
  town 
  or 
  city 
  in 
  the 
  

   state, 
  he 
  shall 
  forthwith 
  appoint 
  a 
  competent 
  freeholder 
  of 
  such 
  

   town 
  or 
  city 
  as 
  his 
  agent, 
  who 
  shall 
  hold 
  office 
  during 
  his 
  pleasure 
  

   and 
  who 
  shall 
  within 
  ten 
  days 
  after 
  his 
  appointment, 
  file 
  an 
  ac- 
  

   ceptance 
  of 
  the 
  appointment, 
  with 
  the 
  constitutional 
  oath 
  of 
  office, 
  

   in 
  the 
  office 
  of 
  the 
  town 
  clerk 
  of 
  the 
  town. 
  Such 
  agent 
  shall 
  on 
  

   or 
  without 
  complaint, 
  whenever 
  it 
  comes 
  to 
  his 
  notice 
  that 
  either 
  

   of 
  the 
  diseases 
  known 
  as 
  yellows 
  or 
  black 
  knot 
  exists 
  or 
  is 
  sup- 
  

   posed 
  to 
  exist 
  within 
  the 
  limits 
  of 
  the 
  town 
  or 
  city, 
  proceed 
  with- 
  

   out 
  delay 
  to 
  examine 
  the 
  trees 
  or 
  fruit 
  supposed 
  to 
  be 
  infected, 
  

   and 
  if 
  the 
  disease 
  is 
  found 
  to 
  exist, 
  a 
  distinguishing 
  mark 
  shall 
  

   be 
  placed 
  upon 
  the 
  diseased 
  trees. 
  If 
  the 
  disease 
  is 
  the 
  black 
  knot, 
  

   such 
  distinguishing 
  mark 
  shall 
  be 
  placed 
  on 
  some 
  affected 
  part 
  of 
  

   the 
  trees, 
  or 
  if 
  in 
  the 
  judgment 
  of 
  such 
  agent 
  any 
  such 
  trees 
  

   should 
  be 
  entirely 
  destroyed, 
  then 
  the 
  trunk 
  of 
  such 
  tree 
  shall 
  be 
  

   thoroughly 
  girdled, 
  and 
  thereupon 
  the 
  owner 
  notified 
  personally, 
  

   or 
  by 
  a 
  written 
  notice 
  signed 
  by 
  such 
  agent 
  and 
  left 
  at 
  his 
  usual 
  

   place 
  of 
  residence, 
  or 
  if 
  a 
  nonresident 
  by 
  leaving 
  the 
  notice 
  with 
  

   the 
  person 
  in 
  charge 
  of 
  the 
  trees 
  or 
  fruit, 
  or 
  in 
  whose 
  possession 
  

   they 
  may 
  be. 
  Such 
  notice 
  shall 
  contain 
  a 
  statement 
  of 
  all 
  the 
  

   facts 
  found 
  to 
  exist, 
  with 
  an 
  order 
  to 
  effectually 
  remove 
  and 
  de- 
  

   stroy 
  by 
  fire 
  or 
  otherwise 
  the 
  trees 
  or 
  parts 
  of 
  trees 
  so 
  marked 
  and 
  

   designated, 
  within 
  ten 
  days, 
  Sundays 
  excepted, 
  from 
  the 
  day 
  of 
  

   the 
  service 
  of 
  the 
  notice. 
  In 
  case 
  of 
  fruit 
  so 
  infected, 
  the 
  notice 
  

   shall 
  require 
  the 
  person 
  in 
  whose 
  possession 
  or 
  control 
  it 
  is 
  found, 
  

   to 
  immediately 
  destroy 
  the 
  same 
  or 
  cause 
  it 
  to 
  be 
  done. 
  

  

  