112 LAWS AGAINST INJUKIOUS INSECTS. 



by mailing such notice to his usual post-ofRce address. He shall also state the 

 limit of time within which treatment must be applied by the owner or lessee, in 

 accordance with the directions issued by the Ohio State board of agriculture, and 

 specify such trees, shrubs, plants, or vines as must be destroyed, also when they 

 shall be declared a public nuisance, provided the aforesaid orders are not com- 

 plied with. Should the owner fail to apply the treatment required in said notice 

 in a satisfactory manner, and within the time specified, such treatment may be 

 carried out under the direction of the chief inspector, and the entire cost of such 

 treatment shall be certified to the county auditor of the county in which the 

 Ijroperty is located, and the same shall become a lien on the premises and shall 

 be collected by the county treasurer as other taxes, and when collected shall be 

 paid to the Ohio State board of agriculture. The owner of any premises as 

 hereinbefore mentioned shall, in addition, be deemed guilty of a violation of 

 this act, by reason of failure to comply with the requirements of said notice and 

 shall be liable to the penalty provided. 



Sec. 7. Whenever the chief inspector, or any duly appointed assistant in- 

 spector, shall order any trees, shrubs, plants, or vines growing in this State, or 

 any nursery stock that has been shipped in from outside the State, to be de- 

 stroyed, and the owner shall fail, for ten days after notice of such order, to 

 destroy the same, as directed by such order, such failure shall be deemed a 

 demand on the part of the owner to have judicially determined the right to 

 enforce such destruction, and shall act as a stay upon the proceedings until such 

 judicial determination shall be had ; and, in such case, the chief inspector, or 

 any duly appointed assistant inspector, shall commence, without delay, an action 

 in the probate court of the county in which the trees, shrubs, plants, or vines, or 

 nursery stock are located, by filing an affidavit therein, setting forth that the 

 trees, shrubs, plants, or vines, or nursery stock are infested or infected with 

 dangerously injurious insect pests or plant diseases, a description of the prem- 

 ises whereon the same are located, the name of the owner or lessee of such 

 premises, and of all persons having an interest in such premises or trees, shrubs, 

 plants, or vines, and, if the same are nursery stock, the name of the person, 

 firm, or corporation in whose possession the same are found, and that ten days 

 have elapsed since orders have been made for the destruction of the same, and 

 that such orders have not been obeyed. Upon such affidavit being filed the pro- 

 bate judge shall issue a summons for all persons named in such affidavit^ which 

 shall contain a copy of said affidavit, commanding them to appear at a time 

 to be fixed therein, not exceeding five days from the date thereof, to answer 

 such complaint ; such summons shall be directed to, and served by, the sheriff 

 of the county, and may be served by him in any county in this State, and shall 

 be served and returned, as directed by said probate court. At the time fixed 

 in such summons, if the jury be not waived, said court shall order a jury to 

 be drawn, and such jury shall be drawn, summoned, and impaneled, as in other 

 civil cases in probate courts, and the State of Ohio shall be plaintiff and the 

 ])ersons named in the affidavit shall be defendants, and no pleadings other than 

 such affidavit shall be required, and the issue shall be whether said trees, shrubs, 

 plants, or vines, or nursery stock are infested or infected with dangerously 

 injurious insect pests or plant diseases, and all proceedings shall be had in the 

 trial of such complaint as are provided for the trial of civil cases in probate 

 courts. If the jury shall find that the orders for the destruction of the trees, 

 shrubs, plants, or vines, or nursery stock, shall be obeyed, it shall return a ver- 

 dict finding the issues with the plaintiff, but if it should fail to so find, it shall 

 return a verdict finding the issues with the defendant, or defendants ; and if 

 the issues are found with the plaintiff, the court shall enter judgment against 

 the defendant, or defendants, for costs, and cause execution to be issued there- 



