OHIO. 113 



for, and shall issue an order to the chief inspector, or assistant inspector, to 

 enforce the orders by him made ; but if the issues are found with the defend- 

 ant, or defendants, the action shall be dismissed and the orders for destruction 

 annulled, and the costs shall be ordered paid by the Ohio State board of agricul- 

 ture, and paid by it out of any funds appropriated for carrying out this act. In 

 the matter of taxing and apportioning costs, the court shall have the same 

 equity powers as are now conferred upon courts of common pleas. 



Sec. 8. Any owner or lessee who shall fail, neglect, or refuse to treat infested 

 or infected trees, shrubs, plants, or vines within the time, and in the manner, 

 prescribed in said notice, and any person who shall be ordered to destroy .any 

 trees, shrubs, plants, or vines, or nursery stock, and shall fail, neglect, or refuse 

 to destroy the same, as ordered, within ten days after the probate court shall 

 have issued its order to the chief inspector or assistant inspector, to enforce the 

 orders by him made, and any person who shall fail, neglect, or refuse to com- 

 ply with, or obey, any order made pursuant to the provisions of this act, or who 

 shall fail, neglect, or refuse to comply with any of the requirements or provi- 

 sions hereof, or who shall violate or neglect to carry out, or offer any hindrance 

 to the carrying out of any of the provisions of this act, shall be adjudged 

 guilty of a misdemeanor, and, upon conviction thereof, shall be fined not l,ess 

 than ten dollars or more than one hundred dollars for the first offense ; and 

 not less than fifty dollars or more than three hundred dollars for any subse- 

 quent offense, and the cost of prosecution, and stand committed until the same 

 are paid. It shall be the duty of the prosecuting attorney of the county to con- 

 duct all prosecutions under this act, and all fines recovered shall be paid to the 

 Ohio State board of agriculture. The probate court of each county in this State 

 shall have original and final jurisdiction in all the prosecutions under any of 

 the provisions of this act, and, for the trial of the same, such courts shall always 

 be open regardless of the terms fixed in said courts for the trial of criminal 

 cases, and the complainant shall not be required to give security for costs. 



Sec. 9. The Ohio State board of agriculture shall make an annual report to 

 the governor of the State concerning the operations of the division of nursery 

 and orchard inspection, which shall give the number of nurseries inspected, the 

 number of certificates issued, the number of trees treated and destroyed by 

 the direction of the chief inspector, and such other information as may be 

 deemed necessary. 



Sec. 10. Said act passed May 10, 1902, entitled "An act to amend an act passed 

 April 14, 1900, entitled 'An act to prevent the introduction and spread of the 

 San Jose scale and other dangerous insects and dangerously contagious dis- 

 eases affecting trees, shrubs, vines, plants, and fruits,' " is hereby repealed ; 

 and that this act shall take effect and be in force from and after its passage. 



Regulations of the Ohio Department of Agriculture Concerning the 

 Inspection, Certification, and Fumigation of Nursery Stock. 



In compliance with the nursery and orchard inspection law of Ohio, all appli- 

 cations for nursery inspection must be placed on file in this office on or before 

 July 1 of each year. 



As the law exempts " greenhouse plants and cuttings thereof, bulbs, flowers, 

 and vegetable plants " from inspection, no certificates on stock of this character 

 will be issued unless the cost of inspection is paid by the owner. 



7418— No. 61 M 8 



