442 STATE HORTICULTURAL SOCIETY 



fectant as occasion should require, or in case of San Jose or otlier 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 refuses 

 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 a 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 inujrious 

 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. The 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 who shall be known as State inspector 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 Jos6 scale or other injurious or destractive 

 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 file a duplicate certificate with 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 

 such trees, vines, shrubs or plants affected by such dangerous insects or diseases 

 until he shall have secui*ed from said inspector a certificate as aforesaid. 



Sec. 2. The owner of such nursery, trees, vines, shrubs or plants shall, within 

 the time specified in such notice, take such steps for the destruction of such insects 

 or diseases as will exterminate the same, and he shall not ship nor deliver any 

 such trees, vines, shrubs nor plants affected with such dangerous diseases or Insects 

 under the penalty of a fine of one dollar for every tree, vine, plant or shrub so 

 affected, when shipped or delivered from such nursery, which fine shall be col- 

 lected by suit by the prosecuting attorney of the county in which said nursery is 

 located. 



Sec. 3. Whenever it shall happen that the State inspector of nurseries and 

 orchards shall give the notice heretofore required to the owner of a nursery, for 

 the destruction of the insects or diseases mentiond. and said owner shall fail or 

 neglect to take the measures necessaiy for the destruction thereof, within the 

 time mentioned in the notice given him, it shall be the duty of the State inspector 

 of nurseries and orchards to have the proper remedies applied to such nursery 

 for the destruction of such diseases or insects, and shall employ all necessary 



