LAWS RELATING TO HORTICULTURE. 389 



ing. The notice shall contain a simple statement of the facts as found to exist 

 with an order to effectually destroy such injurious insects or worms or contagious 

 disease by spraying such trees or vines with a poisonous solution, or in case of 

 contagious disease to effectually disinfect said diseased trees or vines, or in case 

 of San Jose or other scale insect to effectually spray or destroy such infested 

 trees, within such time from the date of the service of the notice as such commis- 

 sioners shall designate, 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 spray or disinfect the orchards or vineyards designated by the commissioners, 

 as aforesaid, or in case of San Jose or other scale insects to effectually spray or 

 destroy such infested trees, it shall become the duty of the commissioners to cause 

 said trees or vines to be effectually sprayed with a poisonous solution or disin- 

 fectant as occasion should require, or in case of San Jose or other scale insect 

 to effectually spray or destroy such infested trees forthwith, employing all neces- 

 sary aid for that purpose, and the expenses for the same shall be a charge against 

 the township, and for said spraying, disinfecting or destroying, the said commis- 

 sioners, their agents or workmen, shall have the right and power to enter upon 

 any and all premises within their township. 



Sec. 6. If any owner, township officer, or commissioner, neglects or i*efuses 

 to comply with the requirements of this law as set forth in the preceding sections 

 and within the time therein specified, such person shall be deemed guilty of a 

 misdemeanor, and punished by fine not exceeding fifty dollars or imprisoned in 

 the county jail not exceeding sixty days, or by both such fine and imprisonment 

 in the discretion of the court, and any justice of the peace of the township where 

 such trees or vines may be growing shall have jurisdiction thereof. 



Sec. 7. The several commissioners shall be allowed for service under this act 

 two dollars for each full day, and one dollar for each half day, and their other 

 charges and disbursements hereunder to be audited as well as any other charges 

 and disbursements under this act by the township board, all of which costs, 

 charges, expense and disbursements shall be recovered by the township from the 

 owner of said infected or infested orchards or vineyards, or from the owner of 

 the premises on which said trees or vines may be growing, in an action of assump- 

 sit. The provisions of this act shall not apply to the contagious disease known 

 as yellows. 



NURSERY INSPECTION— SAN JOSE SCALE. 



AN ACT to prevent the introduction or spread of San Jose scale or other injurious 

 insects or infectious diseases of trees, vines, shrubs or plants grown in this 

 State or imported from other states, provinces or countries. 



[Act 137, Laws 1897.] 



Section 1. TJie People of the State of Michigan enact, That it shall be the duty 

 of the State Board of Agriculture, immediately upon the taking effect of this act, 

 to appoint some competent person Avho shall be known as State inspecfor of 

 nurseries and orchards, who shall hold office during the pleasure of said board, 

 whose duty shall be to inspect any and all nurseries in the State of Michigan, as 

 to whether they are infected by San Jose scale or other injuiious or destructive 

 insects or infected with infectious or contagious diseases, and if upon such inspec- 

 tion he find no such dangerous insects or diseases, he shall upon payment of per 

 diem fee hereinafter provided, give to the owner of such nurseries a certificate 

 to that effect, and shall tile a duplicate certificate Avith the State Board of Agri- 

 culture; and in case he shall find present in any such nursery any of said dangerous 

 insects or diseases, he shall notify the owner thereof in writing, and shall direct 

 him within five days to use such means as will exterminate such dangerous dis- 

 eases or insects, and the owner of such nursery shall not ship nor deliver any 



