NEW YOUK. 101 



Sec. 10. The duties of the treasurer shall be to receive and safely keep all 

 moneys of the board. He shall pay out the same only for bills approved by the 

 board and shall render a detailed account to the board before the first of Octo- 

 ber of each year, or as often as may be required by the board, showing the 

 amount of money received by the board and paid out by him. At the expiration 

 of his term of office he shall turn over to his successor in office all moneys, 

 books, and papers of the board. He shall give bond in sum as provided for. 



Approved March 19, 1903. 



NEW YORK. 



Agricultural Law of the State of New York, as Amended to July, 1905. 



article vi. 



§ 82. The prevention of disease in fruit trees and the extirpation of insect 

 pests that infest the same. No person shall knowingly or wilfully keep any 

 peach, almond, apricot, or nectarine trees affected with the contagious disease 

 known as yellows. No person shall knowingly or wilfully keep any peach tree 

 affected with the disease known as little peach. Nor shall any person know- 

 ingly or wilfully keep any plum, cherry, or other trees affected with the con- 

 tagious disease or fungus known as black knot, nor any tree, shrub, or plant 

 infested with or by the San Jose scale or other insect pest dangerously injuri- 

 ous to or destructive of the trees, shrubs, or other plants ; every such tree, 

 shrub, or plant shall be a public nuisance, and as such shall be abated, and no 

 damage shall be awarded for entering upon premises upon which there are trees, 

 shrubs, or plants infected with yellows, little peach, or black knot, or infested 

 with San Jose scale, for the purpose of legally inspecting the same ; nor shall 

 any damage be awarded for the destruction by the commissioner of agricul- 

 ture, or his duly authorized agents or representatives, of such trees, shrubs, or 

 plants, 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 person, 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, 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, or other plants so infected, infested, or diseased 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 unnecessary delay ; but the 

 owner of the trees, shrubs, or plants shall be notified immediately upon it 

 being determined that such trees, shrubs, or plants should be destroyed by a 

 notice in writing signed by said commissioner or the person or persons represent- 

 ing him, which said notice in writing shall be delivered in person to the owner 

 of such trees, shrubs, or plants, or left at the usual place of residence of such 

 owner, or if such owner be not a resident of the town, by leaving such notice with 

 the person in charge of the premises, trees, shrubs, or plants, or in v/hose posses- 

 sion they may be ; such notice shall contain a brief statement of the facts found 

 to exist whereby it is deemed necessary to destroy such trees, shrubs, or plants, 

 and shall call attention to the law under which it is proposed to destroy them, 

 and the owner shall within ten days from the date upon which such notice shall 

 have been received remove and burn all such diseased or infested trees, shrubs, 



