102 LAWS AGAINST INJURIOUS INSECTS. 
or plants. If, however, in the judgment of the commissioner of agriculture any 
trees, shrubs, or plants infected with any disease or infested with dangerously 
injurious insects can be treated with sufficient remedies he may direct srch treat- 
ment to be carried out by the owner under the direction of the commissioner’s 
agent or agents. Any person refusing or failing to comply with the directions of 
the commissioner of agriculture or his duly authorized agents in carrying on the 
work of extirpating dangerously injurious insect pests and fungus or other dis- 
eases Shall be guilty of a misdemeanor. In case of objections to the findings of 
the inspector or agent of the commissioner of agriculture an appeal shall be 
made to the commissioner of agriculture, whose decision shall be final. An 
appeal must be taken within three days fram service of said notice, and shall act 
as a Stay of proceedings until it is heard and decided. When the commissioner 
of agriculture, or the person or persons appointed by him, shall determine 
that any tree or trees, shrubs, or other plants must be treated or destroyed 
forthwith, he may employ all necessary assistants for that purpose, and such 
person or persons, agent or agents, employee or employees may enter upon any 
or all premises in any city or town necessary for the purpose of such treatment, 
removal, or destruction. (As amended by chapter 20 of the laws of 1903.) 
§ 83. Appointment and duties of the agent of the commissioner of agriculture. 
When the commissioner of agriculture knows and has reason to believe that any 
such contagious disease exists, or that there is good reason to believe it 
exists, or danger is justly apprehended of its introduction in any town or city 
in the State, or that any dangerously injurious insect pest exists within this 
State, and has reason to believe that danger may be justly apprehended from 
its existence, he shall forthwith send some competent person and such agent 
or agents as he may deem necessary to assist in extirpating said pest or pests, 
disease or diseases, and the said commissioner of agriculture is hereby authorized 
and empowered to take such steps and do whatever may be deemed necessary to 
so control or prevent the spread or extirpate said pest or pests, disease or dis- 
eases, and he shall cause an examination to be made at least once each year, 
prior to September first, of each and every nursery or other place where trees, 
shrubs, or plants, commonly known as nursery stock, are grown for sale, for 
the purpose of ascertaining whether the trees, shrubs, or plants therein kept 
er propagated for sale are infected with any such contagious disease or dis- 
eases or infested with such pest or pests. If after such examination it is found 
that the said trees, shrubs, or other plants so examined are free in all re- 
spects from any such contagious or infectious disease or diseases, dangerously 
injurious pest or pests, the said commissioner or his duly authorized agent or 
other person designated to make such examination shall thereupon issue to the 
owner or proprietor of the said stock thus examined a certificate setting forth 
the fact that the stock so examined is apparently free from any and all such dis- 
ease or diseases, pest or pests. Should any nurseryman, agent, or dealer or 
broker send out or deliver within the State trees, vines, shrubs, plants, buds, or 
cuttings, commonly known as nursery stock, and which are subject to the 
attacks of insects and diseases above provided for, unless he has in his pos- 
session a copy of said certificate, dated within a year thereof, deface or destroy 
such certificate, or wrongfully be in possession of such certificate, he shall be 
guilty of a misdemeanor. All nursery stock consigned for shipment, or shipped 
by freight, express, or other means of transportation, shall be accompanied 
by a copy of said certificate attached to each car, box, bale, bundle, or package. 
Any person consigning for shipment or shipping nursery stock as above without 
such certificate attached shall be guilty of a misdemeanor. AI transportation 
companies within this State receiving or carrying nursery stock from any point 
