MICHIGAN. 73 



deliver any such trees, vines, shrubs, or plants until after they have received 

 such treatment and until they have been reexamined and a certificate of inspec- 

 tion has been granted. 



Sec. 10. Whenever it shall happen that the State inspector of orchards and 

 nurseries shall give the notice heretofore required to the owner of nursery stock 

 for the destruction of the insects or diseases mentioned, and said owner shall fail 

 or neglect to take the measures necessary for the destruction thereof within 

 the time mentioned in the notice given him, the State inspector of orchards and 

 nurseries shall enter complaint against said owner and may seize and take pos- 

 session of said infected or infested nursery stock. Such seizure may be made 

 without a warrant. Said infected or infested nurserj^ stock shall be disposed of 

 in such manner as may be directed by the court before whom the offense i ■ 

 tried, or by any court of competent jurisdiction. 



Sec. 11. Whenever any trees, shrubs, plants, or vines, commonly known at? 

 nursery stock, are shipped into this State from another State, Territory, 

 province, or country, every package thereof shall be plainly labeled on the out- 

 side with the names of the consignor and consignee, and the character of the 

 contents, and certificates shall be attached to each package showing that the 

 contents have been inspected by a State and Government officer and that they 

 have been fumigated in the usual manner with hydrocyanic-acid gas. If any 

 trees, shrubs, vines, or plants, commonly known as nursery stock, are shipped 

 into this State without such certificates being plainly fixed on the outside of 

 the package, box, or car containing the same, the fact must be reported within 

 twenty-four hours to the Michigan State board of agriculture, or its regularly 

 appointed inspector, by the railway, express, or steamboat company or the 

 person or persons carrying the same ; and any agent of a railway, express, or 

 steamboat company or any other person or persons who shall fail to comply 

 with the provisions of this section shall be deemed guilty of a misdemeanor. 

 The State inspector of orchards and nurseries shall have authorit3% when he has 

 reason to believe that nursery stock that has been shipped into the State, or 

 shipped by some nursery in the State, is infested or infected with dangerous 

 insects and diseases, to examine the same, and, if found to be infected by any 

 dangerously contagious disease or infested with dangerous insects, such stock 

 may be seized without a warrant as a public nuisance. The shipper shall be 

 notified of the seizure, and orders shall be given him to either destroy the stock 

 or to give it effectual treatment. If this is not done within five days, complaint 

 shall be made to some court having competent jurisdiction, and said infected 

 or infested stock shall be disposed of in such manner as may be directed by 

 said court. 



Sec. 12. It shall be the duty of the State inspector of orchards and nurseries, 

 whenever it shall come to his knowledge that San Jose scale, cankerworm, 

 peach yellows, rosette, little peach, black knot, or pear blight, or any other 

 noxious insects or dangerously infectious diseases exist, or are supposed to 

 exist, in any or>2hard, or upon any trees, shrubs, vines, plants, or fruits In this 

 State, to investigate the case and if such dangerous insects or diseases are 

 found he shall notify the owner, or his agent, in writing. The notice shall 

 consist of a simple statement of the facts as found to exist, with an order to 

 uproot and destroy in such manner as may be indicated all trees infected with 

 yellows, little peach, or rosette, or to cut off and burn the portions infected with 

 black knot and pear blight, or if attacked by San Jose scale or cankerworm, 

 to effectually spray the trees, or to use such remedies as may be prescribed for 

 other dangerous insects and diseases within five days, or such time from the 

 date of the service of the notice as may be designated : Provided also, That no 



