179 
THE NATIONAL NURSERYMAN 
'J’he Bill as amended is as follows: 
STATE OF NEW YORIv 
No. 820. lilt. 778. 
IN ASSEMBLY, 
Fehniai-v 24, 1914. 
Introduced by Mr. Gillett—read once and referred to 
the Committee on Ag’ricnltnre. 
AN AC^T ' 
To amend the agTicnltnral law, in relation to the sale 
of fruit-bearing- trees. 
The J\*oi)le of the State of New York, repi'esented 
in Senate and Asseml)lv, do enact as follows: 
Section 1. The title of article eleven of chapter 
nine of the laws of nineteen hundred and nine, en¬ 
titled “An act in relation to agriculture, constituting 
chapter one of the consolidated laws,” is hereby 
amended to read as follows: 
dilTerent kinds or vai-ieties there must he attached to 
each tree therein a like label. 
Sec. 2G4. Damages accruing from sale of trees. 
Nothing contained in section two hundr(*d and sixty 
three or any other section of this cha])ter shall be con¬ 
strued to deprive a ])urchasei- of any fruit-bearing 
tree of his i-emedy at law in a civil action to recov(u- 
damages sustained by reason of such tr(‘es ])i‘oving 
unti-ue to name as s])eciHed on the label. Sucli 
damages may be recovered in a civil action by the 
purchaser of such fruit-bearing ti-ees or by his ])er- 
sonal representative or assigmu* at any tiine prior to 
the third bearing year, ])rovided the ])urchaser noti- 
ties the seller as soon as he has reason to believe that 
such trees are not true to name. In any action to 
recover damages suffered by the ])urchaser by reason 
of any fruit tree or trees not being of the name or 
At Arlington Nurseries, Arlington, Nebraska. 
Apples; Pears; Peaches; Quinces; Fruit-bearing Trees. 
Sec. 2. Such chapter is hereby amended by adding 
at the end of article eleven three new sections to be 
sections two hundred and sixty-three, two hundred 
and sixty-four and two hundred and sixty-hve, to 
read, res])ectively, as follows: 
Sec. 263. Sale of fruit-bearing trees. Every ])er- 
son, linn or coritoration selling fruit-ltearing trees 
shipped from any ])oint in the state of New York 
must have attached to each car, box, bale or ])ackage 
a cojty of a certificate of inspection issued ])y the 
state department of agriculture and signed by the 
commissioner of agriculture, valid to the first day of 
September next following the date of issuance there¬ 
of. There shall also be attached to each l)undle or 
])ackage of sucli fruit-bearing trees a label specifying 
the name of variety of trees contained therein. In 
case such bundle or package shall contain trees of 
variety under which they were tagged and sold, the 
seller shall have the hurden of proof in estahlishing 
that any contract not in writing or any provision of 
any such contract exem])ting the seller from liability 
or limiting his liabilitv was fullv understood and 
agreed to by the imrchaser. In every case of a sale 
of fruit-bearing trees in lots of twenty-five or more, 
the seller must at once furnish to the ])urchaser a 
co])y of such contract upon the face of which shall be 
])lainly printed the following: “In any action to re¬ 
cover damages suffered by the ])urchaser hy reason 
of any fruit tree or trees not being of the name or 
variety under which they were tagged and sold, the 
seller shall have the luirden of ])roof in estahlishing 
that any contract not in writing or any ])rovision of 
any such contract exendping the seller from liahility 
or limiting his liability was fully understood and 
agreed to by the purchaser.” The seller must also 
