SCALE INSECTS. 



55 



to which objection is made, and the particular tree or trees included 

 in such order which it is claimed are not so diseased, and shall re- 

 quest an examination of such tree or trees by all of said commission- 

 ers, which notice shall be served personally upon each of said 

 commissioners within the five days given for the destruction of said 

 trees, and it shall thereupon be the duty of all said commissioners 

 who have not already done so to personally examine such tree or 

 trees as soon as practicable, and within said five days, and if a ma- 

 jority of all commissioners shall agree that such tree or trees are so 

 diseased they shall order the same to be destroyed forthwith by the 

 owner or custodian thereof ; but if a majority shall decide that such 

 tree or trees, or any of them, are not so diseased, they shall revoke 

 the order of the commissioner to destroy the same as far as it relates 

 to the trees so found to be free from disease, but this section shall 

 not apply to fruit ordered to be destroyed. 



Sec. 6. Whenever any person shall refuse or neglect to comply 

 with the order to remove and destroy the trees or parts of trees so 

 designated and marked by the commissioner, as aforesaid, it shall 

 become the duty of the commissioner to cause said trees, or parts of 

 trees, to be removed and destroyed forthwith, employing all neces- 

 sary aid for that purpose. , The expenses for such removal and de- 

 struction of trees, or parts of trees, to be a charge against the town- 

 ship, borough or city; and for the purpose of such removal or 

 destruction the said commissionerfs, their agents and workmen, shall 

 have the right and power to enter upon any and all premises within 

 their township, borough or city. 



Sec. 7. If any owner neglects to uproot and destroy or cause to 

 be removed and destroyed, as aforesaid, such diseased trees or parts 

 of trees or fruit after such examination and notification, and within 

 the time hereinbefore specified, or any other person who shall sell or 

 offer for sale such diseased fruit, such person shall be deemed guilty 

 of a misdemeanor, and punished by a fine not exceeding $100, in the 

 discretion of the court ; and any justice of the peace of the township 

 or borough, or any alderman of any city, where such trees may be or 

 where such nursery stock or fruit is sold, shipped, disposed of or de- 

 livered as aforesaid, shall have jurisdiction thereof. The words 

 "part of trees" wherever used in this act shall refer to black-knot 

 and pear-blight only, and not to trees affected with yellows. 



Sec. 8. The commissioners shall be allowed for services under 

 this act, $2 for each full day, and $1 for each half day, and then- 

 other charges and disbursements under this act by the township 

 board, borough or city council, all of which costs, charges, expenses 

 and disbursements may be recovered by the township, borough or 

 city from the owner of such diseased fruit or nursery stock, or from 

 the owner of the premises on which said diseased trees stood, in 

 action of assumpsit ; provided, said owner has refused or neglected to 

 remove said diseased fruit or nursery stock in compliance with the 



