29 



Sec. 3. It shall be the duty of said commissioners, within ten days after appointment 

 as aforesaid, to file their acceptance of the same with the clerk of said town, and said 

 clerk shall be ex officio clerk of said board of commissioners, and he shall keep a cor- 

 rect record of the proceedings of said board in a book to be provided for the purpose, 

 and shall file and preserve all papers pertaining to the duties and actions of said com- 

 missioners, or either of them, which shall be a part of the records of said town. 



Sec. 4. It shall be the duty of the commissioners, or any one of them, upon or 

 without complaint, whenever it comes to their notice that the disease known as yel- 

 lows exists or is supposed to exist within the limits of their town, to 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 and the 

 owner notified personally or by a written notice left at his usual place of residence, 

 or, if the owner be a nonresident, by leaving the notice with the person in charge of 

 the trees or fruit, or the person in whose possession said trees or fruit may be. The 

 notice shall contain a simple statement of the facts as found to exist, with an order 

 to effectually remove and destroy, by fire or otherwise, the trees so marked and des- 

 ignated, within ten days, Sundays excepted, from the date of the service of the 

 notice ; and in case of fruit so infected such notice shall require the person in whose 

 possession or control it is found to immediately destroy the same or cause it to be 

 done. Said notice and order to be signed by the full board of commissioners. 



Sec. 5. Whenever any person shall refuse or neglect to comply with the order to 

 remove and destroy the trees marked by the commissioners as aforesaid, it shall 

 become the duty of the commissioners to cause said trees to be removed and destroyed 

 forthwith, employing all necessary aid for that purpose, the expense of such re- 

 moval and destruction of trees to be a charge against the town ; and for the purpose 

 of said removal and destruction the said commissioners, their agents and workmen, 

 shall have the right and power to enter upon any and all premises within their town. 



Sec. 6. If any owner neglects to remove and destroy or cause to be removed and 

 destroyed as aforesaid such diseased trees and fruit after such examination and 

 notification and within the time hereinafter specified, such person shall be deemed 

 guilty of a misdemeanor and punished by a fine not exceeding one hundred dollars, 

 or by imprisonment in the county jail not exceeding three months, or both, in the 

 discretion of the court; and any justice of the peace of the town where such fruit is 

 sold, shipped, or disposed of as aforesaid shall have jurisdiction thereof, and all such 

 fines so collected shall be turned over to the supervisor of the town, to be placed by 

 him in the contingent fund of said town. 



Sec. 7. The commissioners shall be allowed for services under this act two dollars 

 for each full day and one dollar for each half day, and other reasonable charges and 

 disbursements hereunder, to be audited, as well as any other charges and disburse- 

 ments under this act, by the board of town auditors, to be paid to said commissioners 

 as other town accounts are paid. Such fees and all reasonable charges and disburse- 

 ments of said commissioners, in each case, may be recovered by the town, in the 

 name of the supervisor, from the owner of the diseased fruit or trees on account of 

 which such fees, charges, and disbursements became payable or were incurred. 



Sec. 8. This act shall take effect immediately. 



The new yellows and black knot law of New York forms part of a 

 general law relating to many agricultural subjects, which is entitled 

 '' Chapter 338, An act in relation to agriculture, constituting articles 

 1, 2, 3, 4, and 5 of Chapter XXXIII of the general laws." Approved by 

 the governor April 10, 1893. 



Sections 82-84, pages 673, 674, relative to these subjects, are as follows : 



THE PREVENTIOiSr OF DISEASE IN FRUIT TREES. 



Sec. 82. No person shall knowingly or willfully keep any peach, almond, apricot, 

 or iiectajine tree affected with a contagious disease known as yellows, or offer for 



