SCALE INSECTS. 51 



of 10 days after the service thereof, then the said commissioners be 

 and are hereby authorized to enter upon the premises of any person 

 and destroy all such fruit and trees so mentioned and found to be so 

 diseased which they have marked or placarded, and said commis- 

 sioners are hereby authorized to employ all help and secure all neces- 

 sary means to so destroy the same, all of which shall be allowed by 

 the township trustees and paid out of the township treasury. And 

 in cases where said commissioners shall execute their own orders 

 upon default of the person whose duty it is to execute the same, the 

 costs shall be paid by the owner of the condemned fruit or trees, and 

 in case of his failure to pay the same and all dues, after demand 

 made by the trustees of such township, the said trustees shall cer- 

 tify the same together with a penalty of 20 per cent, to the auditor 

 of the county to be placed upon the tax duplicate, and the same 

 shall become a lien upon the premises of such person from the time 

 of filing the same with the auditor, and collected by the county treas- 

 urer as other taxes. Any person who may be dissatisfied with the 

 action of the township fruit commission in condemning his or her 

 fruit-trees, or diseased fruit, on the ground that said trees or fruit 

 are not diseased, but sound and healthy, may appeal in writing, stat- 

 ing their grievance in full to the township trustees, who shall imme- 

 diately refer the case through the township clerk, to the professor at 

 the Ohio Experiment Station, who is an expert in the line of the com- 

 plaint, whose duty it shall be to forthwith proceed to view the fruit 

 or trees in controversy, and whose decision shall be final. All costs 

 and expenses in the case shall be paid by the complainant, if de- 

 feated, and if not, by the trustees of the township in which the com- 

 plaint is made. 



Sec. 5. An act entitled "An act to prevent the spread of yellows, 

 a contagious disease among peach, almond, apricot and nectarine 

 trees, and to prevent the spread of black-knot, a contagious disease 

 among cherry, prune and plum trees, and to provide means for the 

 eradication of the same, and to repeal an act entitled 'An act to 

 amend section 1 of an act to eradicate the disease known as black- 

 knot on plum and cherry trees,' " passed April 4, 1894, is hereby re- 

 pealed. 



Passed April 18, 1896. 



