30 



sale or shipment, or sell or ship to others auy of the fruit thereof. Nor shall auy 

 person knowingly or willfully keep any plum, cherry, or other trees infected with 

 the contagious disease or fungus known as black knot. Every such tree and the 

 fruit of a tree infected with yellows shall be a public nuisance, and no damages shall 

 be awarded for entering upon premises and destroying such trees and fruit if infected 

 with yellows or for cutting away the diseased part of auy tree infected with black 

 knot, or altogether destroying such tree if necessary to suppress such disease, if 

 done in accordance with the provisions of this article. Every person when he 

 becomes aware of the existence of such disease in any tree or fruit owned by him 

 shall forthwith destroy or cause such tree or fruit to be destroyed or the infected 

 part to be cut away. 



APPOINTMENT AND DUTIES OF THE AGENT OF THE COMMISSlONEll OF AGRICULTUKE. 



Sec. 83. 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, 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 acceptance 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 yel- 

 lows or black knot exists or is supposed to exist within the limits of the town or 

 city, i^roceed without delay to examine the trees or fruit supposed io be infected, and 

 if the disease is found to exist a distinguishing mark shall be placed ujion the dis- 

 eased trees. If the disease is black knot such distinguishing mark shall be xilaced 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 destroy 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. 



PROCEEDINGS IN CASE OF OWNER'S FAILURE TO DESTROY. 



Sec. 84. If any person shall refuse or neglect to comply with the order of such 

 agent to remove and destroy trees or parts of trees so marked by him, such agent 

 shall cause such trees or parts of trees to be removed and destroyed forthwith, 

 employing all necessary assistance for that purpose ; and such agent or his employees 

 may enter upon any and all premises within the town or city for the purpose of 

 such removal and destruction. Such agent shall be entitled to compensation for his 

 services under this and the preceding sections at a rate of two dollars for each full 

 day spent by him in the discharge of his duties, and the necessary disbursements 

 paid or incurred by him, which, with the expense of removal and destruction of any 

 such trees or fruit, shall be a town charge. 



I.A1VS OF OREGON. 



The following sectious relative to plant diseases occur in an act 

 creating a State board of horticulture^ passed by the legislative assem- 

 bly of Oregon in 1889.i 



Sec 4. The board may receive, manage, use, and hold donations and bequests of 

 money and property for promoting the objects of its formation. It shall meet on 



