74 LATTS AGAIXST IXJUBIOrS IXSECTS. 



such spraying shall be done while said fmit trees or vines are in blossom, except 

 in case of cankerworm. In the case of fruit infected with yellows the notic-e 

 shall require its immediate destruction. Failure to c-omply with the require- 

 ments of said notice shall render the owner or agent liable to the i)enalties 

 prescribed for the violation of this act. 



Sec. 13. In any township, village, or city in this State in which the insects 

 known as the San Jose scale, and cankerworm. or the diseases known as peach 

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

 tive insects or dangerously infectious diseases exist, or in which there is good 

 reason to believe they exist, or danger may be apprehended of their introduc- 

 tion, it shall be the duty of the township board, or the village or city council, as 

 soon as such information bec-omes known to such board or council, or any mem- 

 ber thereof to appoint three competent freeholders of said township, village, or 

 city, to l>e known as fruit and orchard inspectors, who shall hold office during 

 the pleasure of said lx)ard or council : Provided. That inspectors already ap- 

 pointed, and in offic-e under similar and previous acts, shall continue in said 

 office under this act until the expiration of the term for which they were 

 appointed. 



Sec. 14. It shall be the duty of said inspectors, within ten days after appoint- 

 ment, as aforesaid, to file their acceptance of the same with the clerk of said 

 township, village, or city, and said clerk shall be ex officio clerk of said board of 

 fruit and orchard insi:>ectors. and he shall keep a rec-ord of the proc-eedings of 

 said board in a book to be provided for the purpose, and shall file and preserve 

 all papers pertaining to the duties and actions of said inspectors, or either of 

 them, which shall be a part of the rec-ords of said township, village, or city. 



Sec. 15. It shall be the duty of the township, village, or city inspectors, or any one 

 of them, whenever it c*3mes to their notice that any of the dangerously injurious 

 insects or diseases mentioned in section thirteen of this act exist, or are supposed 

 to exist, within the limits of their township, village, or city, to proceed without 

 delay to examine the trees, shrubs, vines, plants, or fruits supposed to be in- 

 fested or infected, and if destructive insects or a dangerously infectious disease 

 is found to exist, a distinguishing mark shall be placed uix)n the trees, shrubs, 

 vines, or plants, and a written notice shall be served upon the owner or his 

 agent. This notic-e shall be as provided for in section twelve of this act. In 

 case the owner refuses to ac-c-ept the opinion of a single inspector regarding the 

 nature of an insect or disease, or the remedy that shall be employed, he may 

 within two days appeal to the other inspectors in the township, village, or city 

 by serving a written notice of such appeal upon each of them. Upon receipt of 

 such notice of appeal, it shall be the duty of each and every inspector, if he has 

 not already done so. to examine the trees, shrubs, plants, or vines supposed to 

 be infested or infected, and if all or a majority of said inspectors agree that a 

 dangerous insect or disease is present, they shall serve notice upon the owner or 

 his agent as above. If the decision of the full board of inspectors is still unsatis- 

 factory to the person in charge, he may. within twenty-four hours, make an ap- 

 peal to the State inspector of orchards and nurseries, who shall at once investi- 

 gate the matter and order the proper treatment, and his opinion and orders shall 

 be final. If the members of a township, village, or city board of fruit and tree 

 inspectors are unable to agree, or are in doubt, regarding the nature of an insect 

 or disease, or the treatment that should be given, they may call upon the State 

 inspector of orchards and nurseries for information and advice. In cases where 

 an owner appeals to the full board of township, village, or city inspectors, or to 

 the State inspector, and the findings of the original inspector are approved, the 

 expense incurred as the result of the appeal shall be paid by the owner, and, in 



