LAWS RELATING TO HORTICULTURE 443 



assistauec and may enter the premises of said owner of such nursery for the 

 purpose of treating and exterminating such insects or diseases, and the said 

 owner of such nursery shall be liable for the costs of such proceeding, for the 

 services of the inspector at a rate per diem to be fixed by the State Board of 

 Agriculture, not to exceed three dollars per day, and for such number of days 

 as said board shall determine, which said charge must be paid before delivorj- of 

 the certificate in section one of this act. 



Sec. 4. Whenever any trees, shrubs, plants or vines are shipped into this State 

 from another state, country or province, every package thereof shall be plainly 

 labeled on the outside with the name of the consignor, the name of the consignee, 

 th contents, and a certificate showing that the contents have been inspected by 

 a state or government officer, and that the trees, vines, shrubs or plants therein 

 contained appear free from all injurious insects or diseases. Whenever any trees, 

 shiiilts, vines or plants are shipped into this State without such certificate plainly 

 fixed on the outside of the package, box or car containing the same, the fact must 

 be reported within twenty-four hours to the State Board of Agriculture by the 

 railway, express or steamboat company, or other person or persons carrying the 

 same; and any agent of any railway, steamboat or express company, or any other 

 person or persons who shall violate the pi-ovisions of this section shall be deemed 

 guilty of a misdemeanor, and upon comiction thereof shall be fined in any sum 

 not less than twenty-five nor more than one hundred dollars, or imprisonment in 

 the county jail not less than five nor more than thirty days, or may be so fined 

 and imprisoned in the discretion of the court, and any such fine shall be paid to 

 the State Board of Agriculture. 



Sec. 5. Any person or persons growing or offering for sale in this State any 

 trees, vines, shrubs or plants commonly known as nursei-y stock, shall, on or 

 before the first day of August in each year, apply to the State Board of Agriculture, 

 for inspection of said stock under the provisions of this act and a license for its 

 sale, and shall deposit with said board a fee of five dollars as a license fee for 

 himself as principal. Such license shall be good for one year and shall not be 

 transferable, and each of such persons, principals, shall execute to the State Board 

 of Agriculture, a bond in the sum of one thousand dollars, with good and suflJcient 

 sureties satisfactory to said board, conditioned that he will comply with all the 

 provisions of this act .and that upon demand he will file with the State Board of 

 Agriculture, a list of persons to whom he has sold or delivered any such nursery 

 stock, giving the species, together with the postoffice adress of each purchaser, 

 which list shall be held in strict confidence by the said State Board of Agriculture, 

 and not be subject to inspection by the public. Failure on the part of any nursery- 

 man, grower, agent or dealer to comply with the provisions of this section shall 

 render him or them liable to the penalties of a fine of not more than one hundred 

 nor less than twenty-five dollars, or imprisonment in the county jail for not more 

 than ninety nor less than thirty days, or both such fine and imprisonment in the 

 discretion of the court, for each and every such sale. Such information shall be 

 preserved and be for the sole use of the nursery and orchard inspector and his 

 deputies: Provided, That the provisions of the preceding section shall not apply 

 to persons engaged in fruit growing, who are not nurserymen, who desire to sell or 

 exchange surplus trees or plants of their own growing. 



Sec. 6. No person, firm or corporation, resident of another state, province or 

 country shall engage or continue in the business of importing any trees, plants, 

 shrubs or vines, commonly known as nursery stock, into this State, or of selling 

 such importations within the State, or of selling such articles within the State, 

 for subsequent importation into it, without first having obtained from the State 

 Board of Agriculture a license to do business in this State as provided in section 

 five of this act. and shall have filed with the State Board of Agriculture the bond 

 therein required, together with a certificate of inspection by a state or government 

 inspector or that of some person designated by the Michigan State Board of 

 Agriculture for such purpose. 



Sec. 7. The State Board of Agriculture shall, upon receipt of the fee referred 

 to in this act. together with the required bond and a satisfactory certificate of 

 inspection, issue licenses to the applicant according to the provisions of this act. 



Sec. 8. Whenever the commissioners under acts number one hundred and eight 

 and one hundred and nine, session laws of eighteen hundred and ninety-five, known 

 as yellows commissioners, shall be uncertain as to the existence or nature of any 

 infectious or contagious disease or dangerous insect pest in an orchard or else- 

 where, or in case any dispute shall arise between owners and commissioners, it 



