96 LAWS AGAINST INJUKIOUS INSECTS. 



future shipments received from the same nurseryman may be thereafter re- 

 garded and treated as uncertified. 



12. It shall be the duty of the State entomologist; whenever complaint is 

 made to him that any person, firm, or corporation is maintaining a nuisance as 

 prescribed in section one of this act, to investigate or cause to be investigated, 

 as soon as conveniently possible, the truth of such charge ; if after such inves- 

 tigation he decides that such a nuisance exists, he shall notify, in writing, the 

 owner or occupant of the premises containing the nuisance complained of, of 

 the fact that such nuisance exists ; he shall include in such notice a statement 

 of the conditions constituting such nuisance, an order that the same be abated 

 within a specified time, which shall not be less than ten days from the date of 

 such notice nor less than eight days from the date of its service as herein pre- 

 scribed, and a direction, written or printed, pointing out such methods as should 

 be taken to abate the same ; such notice and order may be served personally or 

 by depositing the same in the post-office, properly stamped, addressed to the 

 owner or occupant of the land or premises upon which such nuisance exists, 

 and the directions for treatment may consist of a printed circular, bulletin, or 

 report of the State or college experiment station or an extract from the same ; 

 in case the notice and order served as aforesaid shall direct that any growing 

 plant, shrub, oa* tree shall be taken out and destroyed, and the owner or grower 

 of such plant, shrub, or tree shall consider himself aggrieved thereby, he shall 

 have the privilege of appealing, within three days after the receipt of the 

 notice, to a committee of appeal, consisting of three members of the State 

 board of agriculture to be appointed by the executive committee of said board 

 for that purpose ; the appeal must be in writing, directed to the secretary of 

 the State board of agriculture at Trenton, and must contain a statement of the 

 reasons why the order of the State entomologist is deemed unjust : written notice 

 of such appeal served by mail upon the State entomologist shall operate to 

 stay all proceedings until the decision of the committee of appeal, who may, 

 after investigating the matter, reverse, modify, or confirm the order of the 

 State entomologist; such decision shall then become the order of the State 

 entomologist, who shall serve the same as hereinbefore set out and shall fix the 

 time within which such decision must be carried out ; the compensation and 

 expenses of such committee of appeal shall be fixed by the executive committee 

 of the State board of agriculture. 



13. It shall be the privilege of any farmer, horticulturist, or other grower of 

 fruits within this State to request an examination of his trees or other fruit- 

 bearing plants, to determine whether or not they are infested by any dangerously 

 mjurious insect pest, and it shall be the duty of the State entomologist to exam- 

 ine or cause to be examined such trees or other fruit-bearing plants with all 

 convenient despatch ; in case such trees or plants are found to be so infested, 

 it shall be the duty of the State entomologist to inform the owner as to the best 

 methods of treating such trees and plants that they may be preserved, if possi- 

 ble, and the spread of such insects checked ; this section shall be held to apply 

 only to such insects as may endanger the life of the infested trees or plants 

 and may spread from such as are already infested to others in their vicinity. 



14. Any person, firm, or corporation failing to obey an order of the State 

 entomologist made and served as prescribed in section twelve, within the period 

 of time therein specified, shall be deemed guilty of a misdemeanor, and liable 

 to punishment by a fine of fifty dollars besides the costs of the suit ; and if 

 the order of the State entomologist commanded the destruction of any trees, 

 shrubs, plants, or nursery stock, the judgment of the court imposing the fine 

 shall include also an order to the officer enforcing its judgments to seize and 

 destroy the specified trees, shrubs, plants, or nursery stock, in accordance with 



