270 BOARD OF AGRICULTURE. [P. D. 4. 



nursery inspector and the secretary of the state board of agriculture. All 

 persons except growers who sell, or who take or solicit orders for nursery 

 stock shall be regarded as nursery agents for the purposes of this act. 



Section 2. Section seven of said chapter five hundred and seven is 

 hereby amended by inserting after the word "treated", in the twentieth 

 line, the words: — or destroyed, — so as to read as follows: ■ — Section 7. 

 The state nursery inspector, either personally or through his deputies, 

 may inspect any orchard, field, garden, roadside or other place where 

 trees, shrubs or other plants are growing out of doors, either on public or 

 private land, which he may know or have reason to suspect is infested 

 with the San Jps6 scale or any serious insect pest or plant disease, when in 

 his judgment such pests or diseases are liable to cause financial loss to 

 adjoining owTiers; and may serve written notice upon the owner, or 

 owners, occupant or person in charge of trees, shrubs or other plants thus 

 infested, of the presence of such pests or plant diseases, with a statement 

 that they constitute a public nuisance, together with directions to abate 

 the same, giving the methods of treatment for the abatement thereof, and 

 stating a time within which the nuisance must be abated in accordance 

 with the methods given in the notice. If the person or persons so notified 

 shall refuse or neglect so to treat or destroy such trees, shrubs or other 

 plants within the time prescribed, the state nursery inspector may cause 

 such property to be so treated, or destroyed, and may employ all necessary 

 assistants for this purpose, and such assistants shall have the right to 

 enter upon any public or private property, if such entry is necessary for 

 this purpose. Upon the completion of said treatment the state nursery 

 inspector shall certify in writing to the owner or person in charge of the 

 treated property the amount of the cost of such treatment, and if this be 

 not paid to the secretary of the state board of agriculture within ninety 

 days thereafter, the same may be recovered by suit, together with the 

 costs of suit. 



Section 3. Section nine of said chapter five hundred and seven is 

 hereby amended by inserting after the word "treated", in the thirteenth 

 line, the words: — or destroyed, — so as to read as follows: — Section 9. 

 When the secretary of the state board of agriculture has heard an appeal 

 and has rendered a decision that the action of the state nursery inspector 

 from which the appeal was taken is sustained, the state nursery inspector 

 shall notify in wTiting the owner or owners, occupant or person in charge 

 of the trees, shrubs, or other plants concerned, of the decision of the secre- 

 tary, and shall direct him or them within a given time to treat or destroy 

 the trees, shrubs or other plants in accordance with a method prescribed 

 in the notice. If the person or persons so notified shall refuse or neglect 

 so to treat or destroy such trees, shrubs or other plants within the time 

 prescribed, the state nursery inspector may cause such property to be 

 so treated, or destroyed, and the cost of the treatment to be collected as 

 provided in section seven of this act. 



Section 4. For the investigation and suppression of the white pine 

 bhster rust there may be expended under the direction of the state board 



