166 LAWS AGAIXST IXJUEIOUS IN^SECTS. 



isbed by a fine of not less tban two hundred dollars nor more than eight hun- 

 dred dollars, or by imprisonment not to exceed two years. Any person or per- 

 sons who shall sell, offer for sale, distribute, or give away any tree or trees, 

 root or roots, grass, cuttings, or scions infected with insect pests, spores, or 

 fungus growth shall be deemed guilty of a misdemeanor, and. on conviction 

 thereof, shall be punished by a fine of not less than fifty dollars nor more than 

 two hundred dollars, or by imprisonment in the county jail not less than fifteen 

 days nor more than thirty days. A repetition of the offense shall subject the 

 offender to increased penalty not over the maximum above stated. Any nursery 

 trees, shrubs, or plants which have been shipped from and to any place within 

 the State for distribution or for planting and which are infected with any 

 injurious insect, larvse. or fungus growth shall be disinfected under the direc- 

 tion of the inspector of the county where such trees and plants are taken, and 

 the cost of such disinfection shall be charged to the owner of said articles and 

 shall be a lien on such trees, shrubs, or plants until paid, and the person in 

 lX)Sfession of such articles being held subject to lieu shall have a legitimate 

 claim against the party from whom he received the articles for reimbursement 

 of costs, including cost of collection, and shall have recourse against the bond 

 of the person furnishing the articles, and such claim may be enforced in any 

 court of competent jurisdiction of the State. That any agent, tree dealer, or 

 salesman who shall solicit orders for fruit trees or nursery stock shall leave 

 with the person giving such order a duplicate of the same, and attach thereto 

 a certificate to be signed by such salesman or agent, naming the nursery from 

 which such nursery stock will be supplied and its location. 



Sec. 15 (as amended by act of 1905). The county fruit inspector shall, in the 

 performance of his duties as such inspector, have on any day except Sunday 

 free access to orchards, nurseries, gardens, hop fields, packing houses, fruit 

 .«heds. and storerooms where fruit may be kept : fruit boxes, full or empty, or 

 nny other material or place suspected of being infected with insect pests or 

 diseases injurious to the fruit interest of the State. If he find any nursery, 

 orchard, garden, or other place or material infected with insects or fungus 

 growth, larvie. or spores injurious to the fruit interests, he shall forthwith 

 notify in writing the owners, occupants, or persons in possession thereof that the 

 same is infected, prohibit their removal, and direct the manner in which the 

 same shall be disinfected. If the owner, occupant, or person in possession of 

 said orchard, garden, storeroom, fruit stand, or other place, or infected mate- 

 lial shall not within ten days disinfect the same in the manner by the county 

 iuspector provided or shall not have appealed from the decision of the county 

 inspector to the commissioner of horticulture, if the premises infected be an 

 orchard, or nursery of fruit trees, a garden, fruit stand, or storeroom, and the 

 I^erson or persons in charge thereof have neglected or refused to disinfect the 

 said premises within the time specified in said notice nor have appealed as afore- 

 said, then the county inspector shall enter on and disinfect part or all of said 

 jiremises so neglected, and the cost thereof shall be a legimate [legitimate] 

 charge and lien, with interest until paid, upon the real property of the owner 

 ol such premises so disinfected; such lien shall be collectible with costs in suit 

 in any of the courts of the State as other lawful claims are collectible. If the 

 infected property be transportable material, the county inspector shall notify 

 the person in charge thereof not to remove the same and to disinfect the same 

 within tv\enty-four hours and describe the manner of disinfection. If the 

 person in charge of said infected material neglect or refuse to disinfect the 

 same as notified or fail to appeal, then the inspector shall destroy such infected 



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