150 LAWS AGAIXST IXJTJEIOUS IXSECTS. 



this act and the regulations of the State board of horticulture, and perform 

 such other labors as the county commissioners may direct for the extirpation ot 

 fruit and other pests and diseases: Provided. That it shall not be lawful to 

 spray with any arsenical or other poisonous material any tree or shrub when 

 the same is in bloom : Provided furtlier. That in the event of any county in- 

 spector failing or refusing to properly perform his duties, nothing in this act 

 shall be construed to prevent the member of the State board of horticulture for 

 the district in which such county inspector may be derelict from enforcing in 

 said county the provisions of this act and the rules and regulations of the State 

 board of horticulture. 



Sec. 13. The county fruit-tree inspector, or his deputies in each county, shall 

 make an inspection of every orchard, nursery, vineyard, and fruit packing or 

 cold storage house, storeroom, or sales room, warehouse, or any other place, or 

 article connected with horticulture within their jurisdiction at least once every 

 year, and as much oftener as may be deemed necessary for the protection of 

 the fruit interests of the county, and if found infected with pests or disease^ 

 injurious to fruit or fruit trees, vines, shrubs, plants, ornamental or shade 

 trees, they shall notify the owner or owners, person or persons, in charge or 

 IX)ssession of the fruit, trees, vines, shrubs, or places or articles as aforesaid that 

 the same, or any of them, are infected with disease, insects, or their eggs or larvie. 

 and they shall require such persons to remove or disinfect the same and make 

 application of such treatment for the purpose of destroying them as prescribed 

 by the State board of horticulture, within a certain time, to be specified in said 

 notice. Said notice may be served upon the person or persons owning or hav- 

 ing charge of such infested trees, fruits, or places or articles aforesaid by any 

 inspector, or they may be served the same as a summons in a civil action. If 

 the owner or owners, person or persons, in charge or possession cf orchards or 

 nursery trees, ornamental or shade trees, fruits, places, or articles infected with 

 said diseases, insects, or any of them, their larvie, or eggs, after having been 

 notified as above by said inspector to desti'oy the same or make application of 

 treatment as directed, shall fail, neglect, or refuse so to do, they shall be 

 deemed guilty of maintaining a public nuisance and shall be punished by fine, 

 not less than five nor more than one hundred dollars, and any such orchards, 

 nurseries, trees, or places or articles thus infected, shall be adjudged, and the 

 same is hereby, declared a public nuisance, and shall be punished by fine, not 

 less than five nor more than one hundred dollars : and any such orchards, 

 nurseries, ti'ees, or places or articles thus infected shall be adjudged, and the 

 same is hereby declared a public nuisance and shall be proceeded against as 

 such. It shall be the duty of the county inspector in whose county said nuisance 

 shall exist to cause such nuisance to be abated at once by eradicating or de- 

 stroying said disease, insects, or pests, or their larvje or eggs, by treating or 

 disinfecting the infected or diseased fi*uit trees, plants, places or articles as 

 aforesaid, and the costs thereof shall be assessed against the owner or owners, 

 person or persons, in charge of said property or premises, and if not paid 

 within 10 days from demand the said expense shall become a county charge 

 and the board of county commissioners shall allow and pay the same out of the 

 general fund of the county. Any and all sums so paid shall be and become a 

 lien on the property and premises from which said nuisance has been removed 

 or abated in pursuance of this act and may be recovered by an action against 

 the owner or owners of such property or premises: Prodded. That all formulas 

 for disinfection or eradication of said diseases or insect pests shall be as pre- 

 scribed by the State board of horticulture, but the time and place of application 

 shall be left to the discretion of the county inspectors. 



