10 LAWS AGAINST INjrBIOUS INSECTS. 



liorticulture shall have power under tlie regulations of the board of horticul- 

 ture to Tisit any section of the State where such pests are sn:KX)sed to exist, 

 and to determine whether any infested trees or plants are worthy of remedial 

 treatment or shall be destroyed, and he shall immediately report his findings 

 in writing, giving reasons therefor, to the owner of the infested plantation, his 

 agents, or tenant, and a copy of each rejwrt shall also be submitted to the 

 said board. In case of objections to the findings of the State horticnlturist, or 

 his deputy, an api)eal shall be made to the said board, who shall have power 

 to summon witnesses and hear testimony on oath, and whose decision shall be 

 final. An appeal shall be taken within ten days and shall act as a stay of pro- 

 ceedings until it is heard and decided. 



Sec. 5. Upon the findings of the State horticulturist or his deputy in any 

 case of infested trees or plants, the treatment prescribed by him shall be exe- 

 cuted at once (unless an appeal is taken), under his supervision. The cost of 

 material and labor shall be borne by the owner : Provided, however. That in c-ase 

 the trees or plants shall be condemned they shall be destroyed by the State 

 horticulrurist, and the exi)ense of such action shall be borne by the owner. No 

 compensation shall he allowed for any plants that shall he destroyed. 



Sec. 6. In case any person or persons refuse to execute the direction of the 

 State horticulturist or of the said board upon an api)eal. a jtLstice of the peace or 

 probate judge of the county shall, upon complaint filed by the State horticul- 

 turist or any freeholder, cite the i)erson or persons to appear before him within 

 ten days after notice being served, and that the said judge, upon satisfactory 

 evidence, shall cause the prescribed treatment to be executed- and the expense 

 thereof and c-ost of court shall be c-ollected from the owner or owners of 

 infested plants. 



Sec. 7. It shall be unlawful to offer for sale. sell, give away, or transport per- 

 ennial plants, scions, buds, trees, shrubs, vines, or other plants, tubers, roots, 

 cuttings, bulbs, known to be infested with dangerously injurious insects or plant 

 diseases. Any person or persons violating this section shall, upon conviction, be 

 fined not less than ten nor more than one hundred dollars for each separate 

 offense. 



Sec. S. The said board of horticulture, its agents, or employes, are hereby 

 empowered with authority to enter upon any premises in discharge of the duties 

 herein described. Any person or ftersons who shall obstruct or hinder them or 

 their agents in the discharge of these duties shall be deemed guilty of a misde- 

 meanor, and, upon conviction therefor, shall be fined not less than ten nor more 

 than one hundred dollars. 



Sec. 9. The board shall have the power also to adopt rules and r^ulations, 

 not inconsistent with the laws and constitution of this State and the United 

 States, for preventing the introduction of dangerously injurious crop pests of all 

 kinds from without the State or r^arding the dissemination of crop pests within 

 the State, and for the governing of c-ommon carriei*s in transporting plants liable 

 to harbor such pests, to and from and within the State, and such regulations 

 shall have the forc-e of laws. 



Sec. 10. Be it further enacted. That the members of said board, any two of 

 whom shall constitute a quorum, in the absenc-e of the third, shall, within thirty 

 days of the passage of this act. and from time to time, draw up and promulgate 

 through the press of the State the rules and regulations necessary to carry into 

 full and complete effect the provisions of this act. carefully defining what 

 diseases or maladies, both insect and fungus, shall constitute infectation in trees 

 or plants within the meaning and purview thereof. 



Sec. 11. It shall be unlawful for any person, firm, or corporation to sell, give 

 away, or ship within the State of Alabama any trees or shrubs or any other 



