﻿Commissioner 
  of 
  Ageicultuee. 
  931 
  

  

  fruit 
  thereof, 
  except 
  the 
  fruit 
  of 
  the 
  plum, 
  cherry 
  and 
  pear 
  tree. 
  

   That 
  both 
  tree 
  and 
  fruit 
  so 
  infected 
  shall 
  be 
  subject 
  to 
  destruc- 
  

   tion 
  as 
  a 
  public 
  nuisance. 
  (Laws 
  1899, 
  chap. 
  100.) 
  

  

  It 
  is 
  unlawful 
  to 
  keep 
  trees 
  infected 
  with 
  yellows 
  or 
  to 
  ship 
  

   the 
  fruit 
  of 
  same. 
  No 
  damage 
  shall 
  be 
  awarded 
  for 
  the 
  destruc- 
  

   tion 
  of 
  trees 
  affected 
  by 
  contagious 
  diseases. 
  (C. 
  L. 
  5681.) 
  

  

  The 
  duty 
  of 
  the 
  township 
  commissioners 
  is 
  to 
  mark 
  and 
  destroy 
  

   infected 
  trees 
  or 
  fruit 
  at 
  the 
  expense 
  of 
  the 
  township 
  or 
  city 
  if 
  

   the 
  owner 
  fails 
  to 
  do 
  so, 
  and 
  if 
  the 
  owner 
  refuses 
  he 
  shall 
  be 
  

   deemed 
  guilty 
  of 
  a 
  misdemeanor. 
  (C. 
  L. 
  5687-5694.) 
  

  

  It 
  shall 
  be 
  the 
  duty 
  of 
  every 
  owner 
  or 
  occupier 
  of 
  an 
  orchard, 
  

   nursery 
  or 
  vineyard, 
  to 
  spray 
  with 
  a 
  poisonous 
  solution 
  or 
  disin- 
  

   fectant, 
  to 
  destroy 
  such 
  injurious 
  insects 
  or 
  contagious 
  diseases, 
  

   all 
  fruit 
  trees 
  or 
  vines 
  grown 
  on 
  such 
  lands 
  which 
  may 
  be 
  infected 
  

   with 
  any 
  injurious 
  insect 
  or 
  worms, 
  or 
  infected 
  mth 
  contagious 
  

   disease 
  known 
  to 
  be 
  injurious 
  to 
  fruit 
  or 
  fruit 
  trees 
  or 
  vines. 
  

   Provided, 
  that 
  if 
  such 
  trees 
  and 
  vines 
  are 
  infested 
  with 
  San 
  Jose 
  

   scale 
  or 
  other 
  scale 
  insects, 
  such 
  trees 
  or 
  vines 
  shall 
  either 
  be 
  

   effectually 
  sprayed 
  or 
  destroyed. 
  Provided, 
  also, 
  that 
  no 
  such 
  

   spraying 
  shall 
  be 
  done 
  while 
  said 
  fruit 
  trees 
  or 
  vines 
  are 
  in 
  blos- 
  

   som, 
  except 
  in 
  the 
  case 
  of 
  canker 
  worm. 
  (C. 
  L. 
  5689.) 
  

  

  The 
  State 
  board 
  of 
  agriculture 
  shall 
  appoint 
  a 
  State 
  inspector 
  

   of 
  nurseries 
  and 
  orchards, 
  who 
  shall 
  inspect 
  all 
  nurseries 
  as 
  to 
  

   whether 
  they 
  are 
  infested 
  with 
  San 
  Jose 
  scale 
  or 
  other 
  destruct- 
  

   ive 
  insect 
  pests 
  or 
  infected 
  with 
  infectious 
  or 
  contagious 
  diseases, 
  

   and 
  if, 
  upon 
  such 
  inspection, 
  he 
  find 
  no 
  such 
  disease, 
  he 
  shall 
  

   give 
  the 
  owner 
  a 
  certificate 
  to 
  that 
  effect, 
  and 
  shall 
  file 
  a 
  duplicate 
  

   with 
  the 
  State 
  board 
  of 
  agriculture, 
  and 
  in 
  case 
  he 
  shall 
  find 
  any 
  

   disease 
  he 
  shall 
  instruct 
  the 
  owner 
  to 
  remove 
  or 
  eradicate 
  it 
  

   within 
  five 
  days, 
  and 
  the 
  owner 
  shall 
  not 
  ship 
  any 
  such 
  trees, 
  

   vines, 
  shrubs 
  or 
  plants 
  as 
  are 
  infested 
  or 
  infected, 
  under 
  a 
  pen- 
  

   alty 
  of 
  one 
  dollar 
  for 
  each 
  tree 
  or 
  plant 
  shipped. 
  Should 
  the 
  

   owner 
  fail 
  to 
  treat 
  or 
  destroy 
  diseased 
  trees 
  within 
  the 
  time 
  speci- 
  

   fied, 
  the 
  State 
  inspector 
  shall 
  have 
  proper 
  remedies 
  applied, 
  the 
  

   cost 
  of 
  same 
  to 
  be 
  paid 
  by 
  said 
  owner. 
  (C. 
  L. 
  5690-9.) 
  

  

  