﻿1098 
  Seventh 
  Annual 
  Repoet 
  of 
  the 
  

  

  CHAPTER 
  482. 
  

  

  AN 
  ACT 
  to 
  amend 
  section 
  eighty-two, 
  section 
  eighty-three 
  ns 
  

   amended 
  by 
  chapter 
  one 
  hundred 
  thirty-four 
  of 
  the 
  laws 
  of 
  

   eighteen 
  hundred 
  ninety-five, 
  and 
  to 
  repeal 
  section 
  eighty-four 
  

   of 
  chapter 
  three 
  hundred 
  and 
  thirty-eight 
  of 
  the 
  laws 
  of 
  eigh- 
  

   teen 
  hundred 
  ninety-three, 
  entitled 
  " 
  An 
  act 
  in 
  relation 
  to 
  agri- 
  

   culture, 
  constituting 
  articles 
  one, 
  two, 
  three, 
  four, 
  five, 
  six 
  and 
  

   seven 
  of 
  chapter 
  thirty-three 
  of 
  the 
  general 
  laws," 
  relative 
  to 
  

   the 
  prevention 
  of 
  disease 
  in 
  fruit 
  trees 
  and 
  the 
  pests 
  that 
  infect 
  

   the 
  same. 
  

  

  Became 
  a 
  law 
  April 
  22, 
  189S. 
  with 
  the 
  approval 
  of 
  the 
  Governor. 
  Passed, 
  

  

  three-fifths 
  being 
  present 
  

  

  The 
  People 
  of 
  the 
  State 
  of 
  New 
  York, 
  represented 
  in 
  Senate 
  and 
  

   Assembly, 
  do 
  enact 
  as 
  follows: 
  

  

  Section 
  1. 
  Section 
  eighty-two 
  of 
  chapter 
  three 
  hundred 
  and 
  

   thirty-eight 
  of 
  the 
  laws 
  of 
  eighteen 
  hundred 
  and 
  ninety 
  -three 
  is 
  

   hereby 
  amended 
  so 
  as 
  to 
  read 
  as 
  follows: 
  

  

  § 
  82. 
  The 
  prevention 
  of 
  disease 
  in 
  fruit 
  trees 
  and 
  the 
  ex:ir- 
  

   pation 
  of 
  insect 
  pests 
  that 
  infect 
  the 
  same. 
  No 
  person 
  

   shall 
  knowingly 
  or 
  willfully 
  keep 
  any 
  peach, 
  almond, 
  apricot, 
  or 
  

   nectarine 
  tree 
  affected 
  with 
  the 
  contagious 
  disease 
  known 
  as 
  

   yellows. 
  Nor 
  shall 
  any 
  person 
  knowingly 
  or 
  willfully 
  keep 
  any 
  

   plum, 
  cherry 
  or 
  other 
  trees 
  infected 
  with 
  the 
  contagious 
  disease 
  

   or 
  fungus, 
  known 
  as 
  black 
  knot, 
  nor 
  any 
  tree, 
  shrub 
  or 
  plant 
  in- 
  

   fested 
  with 
  or 
  by 
  the 
  San 
  Jos6 
  scale 
  or 
  other 
  insect 
  pest 
  danger- 
  

   ously 
  injurious 
  to 
  or 
  destructive 
  of 
  the 
  trees, 
  shrub 
  or 
  other 
  plant. 
  

   Every 
  such 
  tree, 
  shrub 
  and 
  plant 
  shall 
  be 
  a 
  public 
  nuisance, 
  and 
  no 
  

   damage 
  shall 
  be 
  awarded 
  for 
  entering 
  upon 
  premises 
  and 
  destroy- 
  

   ing 
  such 
  trees 
  if 
  infected 
  with 
  yellows 
  or 
  infested 
  with 
  San 
  Jos^ 
  

   scale 
  or 
  for 
  cutting 
  away 
  the 
  diseased 
  part 
  of 
  any 
  tree 
  affected 
  

   with 
  black 
  knot 
  or 
  altogether 
  destroying 
  such 
  tree 
  if 
  necessary 
  to 
  

   suppress 
  such 
  disease, 
  if 
  done 
  in 
  accordance 
  with 
  the 
  provisions 
  

   of 
  this 
  article, 
  except 
  as 
  otherwise 
  herein 
  provided. 
  Every 
  per- 
  

   son 
  when 
  he 
  becomes 
  aware 
  of 
  the 
  existence 
  of 
  such 
  disease 
  or 
  

   insect 
  pest 
  in 
  any 
  tree 
  owned 
  by 
  him 
  shall 
  forthwith 
  report 
  the 
  

   same 
  to 
  the 
  commissioner 
  of 
  agriculture 
  at 
  Albany, 
  New 
  York, 
  

  

  