58 



Provincial Board of Horticulture. 1897 



may order whatsoever of the same is so infested or affected to be disinfected or 

 Destruction of destroyed within a time to be mentioned in said order, or may make any other 

 disinfected ^^^^^ ^.j^^^ jj. gj^g^jj ^eem fit ; and if such order be not obeyed within the time 

 property. therein specified, it shall be the duty of the Board, or of some member there- 

 of or of their Inspector or agent, to execute such order, and the costs and disbursements of 

 the prosecution shall be adjudged against the party convicted as aforesaid 



(a.) In case, upon inspection as herein provided, the member of the Board, Inspector, or 

 ao-ent, finds any of the premises to be infested with fruit pests or affected with con- 

 " ' tagious disease, but is unable to take the proceedings herein provided by 

 Inspector may reason of there being no person in charge, or either the owner 9r his where- 

 disinfect. abouts being unknown, he shall be at liberty to cause the same to be dis- 

 infected, and the costs and expenses thereon shall be a lien upon the property, which 

 may be enforced by seizure and sale of a sufBcient quantity thereof to satisfy 

 Costs to be a ^jjg game : Provided, however, that no property shall be destroyed under this 

 ''^"' sub-section until an order therefor has been obtained from a Justice of the 



Peace, which order any Justice is hereby authorised to make upon proof of the 

 urceacy of the case or of reasonable efforts having been made to ascertain the owner 

 or person who should be in charge of the infected property. 



For the purpose of preventing the spread of contagious diseases in orchards and gardens 

 and among fruits and fruit trees, and for the prevention, treatment, cure, and extirpation of 

 fruit pests and the diseases of fruits and fruit trees, and for the disinfection 

 Board to make ^f grafts, scions, or orchard debris, empty fruit boxes or packages, and other 

 ' suspected material or transportable articles dangerous to orchards, fruits and 

 fruit trees, said Board may make regulations for the inspection and disinfection or destruction 

 thereof, or of uon-fruit-bearing trees or shrubs which may carry contagion, and also for requir- 

 ing all cases of contagious diseases, or fruit pests, as aforesaid, to be reported to the Board, 

 which regulations shall be circulated in printed form by the Board among the 

 To be reported fruit-growers and fruit dealers of the Province, and shall be published in the 

 British Columbia Gazette and, at the discretion of the Board, in papers of 

 general circulation in the Province, and shall be posted in three conspicuous places in each 

 district, one of which shall be a Court House therein ; and every such regulation, when 

 Regulation to h published in the British Columbia Gazette, shall, so far as the same shall 

 force of law. '^"^ have been in like manner repealed or varied, be deemed to be and have 

 the force of law, and be so recognised in the Courts in the Province. 



The power to make regulations for inspection shall include the power to establish 

 Inspection to ^^^ '^^'"7 places and quarantine stations where such inspection shall be 

 include carried out, and to make regulations in regard to the forwarding thereto 



Quarantine, and detention thereat of articles requiring inspection : 

 (a.) In and by any such regulations, the Board may fix and impose any fine or penalty 

 for the enforcement of the provisions thereof, not exceeding in amount the fines and 

 penalties hereinafter provided in case of the evasion of any of the provisions 

 Fines. of this Act, and may fix a scale of fees to be taken for inspection, or other 



services under the regulations, by ofi&cers carrying out the same from the 

 owners or persons in possession of any premises or property : 

 (6.) All fines and penalties imposed or fees fixed by any such regulations may be 

 Recovery thereof '^^•'°'^^''®<^' "^^^^ °osts, in accordance with the provisions of the " Summary 

 ' °^- Convictions Act, 1889," and when collected shall be paid over to the Treas- 



urer of the Board for the purposes of this Act. 

 Peace Officers ^^^ constables or other peace officers shall, when called upon by any member 

 to assist. °^ ^^^ Board, or any authorised agent thereof, aid and assist such member 

 or agent in carrying out the provisions of this Act. 



The powers and duties devolving by this Act upon the said Board and the Inspector of 

 Duties of Board , "'*' ^^^*^^> in relation to fruit and fruit-trees, shall extend to hops and hop 

 extended to Hops, pants, for the purpose of preventing the spread of disease among hops and 

 hop plants, and of extirpating any pests affecting the same. 



Every person violating the provisions of this Act shall be liable, upon summary conviction 

 Penalty. before one Justice of the Peace, to a penalty not exceeding fifty dollars. 



