290 PLANT PROPAGATION 



inspector and deputy and so conditioned that if tlie 

 nurseryman suffers loss by reason of an unjustifiable act 

 of inspector or deputy, and secures a court judgment, he 

 may get his money by collecting on the judgment against 

 the bond ; prescribes the usual duties of inspectors ; pro- 

 vides for inspection of nurseries and the usual certificates 

 and for appeals to the board itself should anyone feel 

 aggrieved at the acts of the inspector. 



It has been the idea to incorporate in this law enough 

 rules and regulations to bring enforcement as near as 

 possible on a uniform basis in the various states, and 

 leave no more than necessary to the discretion of the 

 local state officials. 



387. Diseases of nursery stock. — Nursery stock, particularly 

 pears, cherries, plums and apples, is especially subject to fungous dis- 

 eases producing (1) in the case of seedlings, ripened wood, so buds 

 cannot be inserted, or an imperfect union of bud and stock and 

 (3) a stunted development due to the annual early loss or drying 

 up of the leaves. These diseases can be prevented by fungicides — 

 bordeaux especially. It costs about 25 cents a 1,000 for one-year 

 and two-year trees, and 35 to 40 cents for three-year trees, or 

 85 cents to $1.00 for the three years for 1,000, or one-tenth cent 

 each. 



388. Damages from tree sales. — In New York a new 

 law details causes for court action to secure damages for 

 trees improperly named. Such damages may be re- 

 covered in civil action by the purchaser of fruit-bearing 

 trees at any time prior to the third bearing year, provided 

 the purchaser notifies the seller as soon as he has reason 

 to believe the trees untruly named. The seller shall 

 have the burden of proof in establishing his claim that 

 any contract or part thereof exempting him from liability 

 or limiting his liability was agreed to by the purchaser. 

 In every case of sale of lots of 25 or more trees, the seller 

 must at once furnish the purchaser a copy of the contract, 

 which shall bear a specially worded statement, embodying 

 the above ideas as to action to recover damages. The 

 .seller must also supply the purchaser with an itemized 

 list of the shipment, giving name of county, state where 



