142 LAWS AGAINST INJURIOUS INSECTS. 



persons representing him, the trees, shrubs, or other plants so infected, infested, 

 or diseased should be destroyed, then such destruction shall he carried on and 

 completed under the supervision of said commissioner, or the person or persons 

 duly appointed by him and authorized so to do, without unnecessary delay ; 

 but the owner of the trees, shrubs, or plants shall be notified immediately upon 

 its being determined that such trees, shrubs, or plants should be destroyed 

 by a notice in writing signed by said commissioner, or the person or persons 

 representing him. which said notice in writing shall be delivered in person to 

 the owner of such trees, shrubs, or plants, or left at the usual place of residence 

 of such ov.-ner. or if such owner be not a resident of the locality, to notify by 

 I leaving such notice with the person in charge of the premises, trees, shrubs, or 

 plants, or in whose possession they may be; such notice shall contain a brief 

 statement of the facts found to exist, whereby it is necessary to destroy such 

 trees, shrubs, or plants, and shall call attention to the law under which it is 

 proposed to destroy them, and the owner shall within ten days from the date 

 upon which such notice shall have been received remove and burn all such 

 diseased or infected trees, shrubs, or plants. If, however, in the judgment 

 of said commissioner, or person representing him, any trees, shrubs, or plants 

 infected with any disease or infested A^ith dangerously injurious insects can 

 be treated with sufficient remedies, he may direct such treatment to be carried 

 out by the owner under the direction of the commissioner's agent or agents. 

 In case of objections to the findings of the inspector or agent of the commis- 

 sioner, -All appeal may be made to the commissioner, whose decision shall be 

 final. An appeal must be taken within three days from service of said notice, 

 and shall act as a stay of proceedings until it is heard and decided. When the 

 commissioner, or person or persons appointed by him, shall determine that any 

 tree or trees, shrubs, or other plants must be treated or destroyed forthwith, he 

 may employ all necessary assistance for that purpose, and such person or per- 

 sons, agent or agents, employe or employes may enter upon any or all premises 

 necessary for the purpose of such treatment, removal, or destruction. But 

 such commissioner, or the person representing him, shall, before such treat- 

 ment or destruction, first require the owner or person in charge of such trees, 

 shrubs, or plants to treat or destroy same, as the case may be, and upon 

 the refusal or neglect upon the part of said owner or persons in charge to so 

 treat or destroy such trees, plants, or shrubs, then such commissioner or person 

 or persons representing him shall treat or destroy such trees, shrubs, or plants, 

 and all reasonable charges and expenses thereof shall be paid by such owner or 

 person in charge of said trees, shrubs, or plants, and shall constitute a legal 

 claim against such owner or person in charge, which may be recovered in any 

 court having jurisdiction, upon the suit of such commissioner or the county 

 attorney of the county where the premises are situated, together with all costs, 

 including an attorney fee of ten dollars, to be taxed as other costs. 



Sec. 2. When such commissioner knows or has reason to believe that any such 

 contagious disease exists, or that there is good reason to believe it exists, or 

 danger is justly apprehended of its introduction in any locality in the State, or 

 that any dangerously injurious insect pest exists within this State, and has 

 reason to l)elieve that danger may be justly apprehended from its existence, he 

 shall forthwith send some competent person and such agent or agents as he 

 may deem necessary to assist in extirpating said pest or pests, disease or dis- 

 eases, nnd the said commissioner is hereby authorized and empowered to take 

 such steps and do whatever may be deemed necessary to so control or prevent 

 the spread, and to extirpate said pest or pests, disease or diseases, and he 

 shall cause an examination to be made at least once each year prior to Novem- 



