28 



diseased fruit, or from the owner of the premises on -vviiicli said diseased trees stood, 

 in an action of assumpsit. 



Sec. 8. All of act number one hundred and seventy-four of the public acts of 

 eighteen hundred and eighty-one be, and the same is hereby, repealed. 



This act is ordered to take immediate effect. 



Approved, June 24, 1891. 



i.AT% s OF ]\ei;f jersey. 



AX ACT to prevent the spread of fnngous diseases of plants. ^ 



"\^Tiereas the oflicers of the State Agricultural [sic] Experiment Station have dis- 

 covered certain new fungous grovrth [sic] that threaten [sic] serious injury to 

 important agricultural interests of the State; therefore, 



JSe it enacted hy the senate and general asseniMy of tlie State of Seic Jersey: 



Section 1. That when the ofiScers of the State Agricultural Experiment Station 

 shall discover any new fungous growth which is doing injury to plants or vines, and 

 while the same is confined to limited areas, they are hereby authorized and empow- 

 ered to enter upon any lands bearing vines or plants so affected, and destroy the 

 same by fire or otherwise, as they shall deem best. 



Sec. 2. That any damage to private property resulting from the operation of de- 

 stroying the said fungous growth by the officers of the State shall be certified to by 

 them and the amount of damage paid to the owners thereof from the same fund and 

 in the same manner as is paid to owners of diseased animals killed by order of the 

 State board of health. 



Sec. 3, That expenditures under this act shall not exceed one thottsand dollars in 

 any one year. 



Sec. 4. That this act shall take effect immediately. 



Approved, May 23, 1890. 



r.AVrS OF WETl" YORK. 



AX ACT to prevent the spread of the disease in peach trees known as the yello-ws' (passed May 19, 



1887). 



The i^eople of the State of Xew Yorl\ represented in senate and assembly, do enact as 

 follows : 



Section 1. It shall be unlawful for any one to knowingly or willfully keep any 

 peach, almond, apricot, or nectarine tree infected with the contagious disease known 

 as the yellows, or to offer for sale or shipment, or to sell or ship to others, any of the 

 fruit thereof; that both tree and fruit so infected shall be subject to destruction as 

 public nuisances, as hereinafter provided, and no damages shall be awarded in any 

 court in this State for entering upon premises and destroying such diseased trees and 

 fruit, if done in accordance with the provisions of this act; and it shall be the dnty 

 of every person, as soon as he becomes aware of the existence of such disease in any 

 tree or fruit owned by him, to forthwith destroy or cause the same to be destroyed. 



Sec. 2. In any town of this State in which such contagious disease exists, or in 

 which there is good reason to believe it exists, or danger may be j^istly apprehended 

 of its introduction, as soon as such information becomes known to the supervisor 

 thereof it shall be the duty of said supervisor to aj^point forthwith three competent 

 freeholders of said town as commissioners, who shall hold oflice during the pleasure 

 of said supervisor, and such order of appointment and of revocation shall be entered 

 at large upon the town records. 



1 General Public Laws, session of 1890, acts of the 114th legislature of the State of New Jersey 

 and 4Cth under the new constitution. Trenton, N. J., MacCrellish .fc Quiglej-, printers. 1890, pp. 346, 347. 



2 Laws of Xew York, 110th session. 18S7. Albany, X. Y., Banks Jc Brothers, publishers. 1887, Chap- 

 ter CCCCIII, p. 504. 



