10 LAWS AGAINST INJURIOUS INSECTS. 
borticulture shall have power under the regulations of the board of horticul- 
ture to visit any section of the State where such pests are supposed to exist, 
and to determine whether any infested trees or plants are worthy of remedial 
treatment or shall be destroyed, and he shall immediately report his findings 
in writing, giving reasons therefor, to the owner of the infested plantation, his 
agents, or tenant, and a copy of each report shall also be submitted to the 
said board. In case of objections to the findings of the State horticulturist, or 
his deputy, an appeal shall be made to the said board, who shall haye power 
to summon witnesses and hear testimony on oath, and whose decision shall be 
final. An appeal shall be taken within ten days and shall act as a stay of pro- 
ceedings until it is heard and decided. 
Sec. 5. Upon the findings of the State horticulturist or his deputy in any 
case of infested trees or plants, the treatment prescribed by him shall be exe- 
cuted at once (unless an appeal is taken), under his supervision. The cost of 
material and labor shall be borne by the owner: Provided, however, That in case 
the trees or plants shall be condemned they shall be destroyed by the State — 
horticulturist, and the expense of such action shall be borne by the owner. No 
compensation shall be allowed for any plants that shall be destroyed. 
SrEc. 6. In case any person or persons refuse to execute the direction of the 
State horticulturist or of the said board upon an appeal, a justice of the peace or 
probate judge of the county shall, upon complaint filed by the State horticul- 
turist or any freeholder, cite the person or persons to appear before him within 
ten days after notice being served, and that the said judge, upon satisfactory 
evidence, shall cause the prescribed treatment to be executed, and the expense 
thereof and cost of court shall be collected from the owner or owners of 
infested plants. 
Sec. 7. It shall be unlawful to offer for sale, sell, give away, or transport per- 
ennial plants, scions, buds, trees, shrubs, vines, or other plants, tubers, roots, 
cuttings, bulbs, known to be infested with dangerously injurious insects or plant 
diseases. Any person or persons violating this section shall, upon conviction, be 
fined not less than ten nor more than one hundred dollars for each separate 
offense. 
Sec. 8. The said board of horticulture, its agents, or employés, are hereby 
- empowered with authority to enter upon any premises in discharge of the duties 
herein described. Any person or persons who shall obstruct or hinder them or 
their agents in the discharge of these duties shall be deemed guilty of a misde- 
meanor, and, upon conviction therefor, shall be fined not less than ten nor more 
than one hundred dollars. ; 
Sec. 9. The board shall have the power also to adopt rules and regulations, 
not inconsistent with the laws and constitution of this State and the United 
States, for preventing the introduction of dangerously injurious crop pests of all 
kinds from without the State or regarding the dissemination of crop pests within 
the State, and for the governing of common carriers in transporting plants liable 
to harbor such pests, to and from and within the State, and such regulations 
shall have the force of laws. 
Sec. 10. Be it further enacted, That the members of said board, any two of 
whom shall constitute a quorum, in the absence of the third, shall, within thirty 
days of the passage of this act, and from time to time, draw up and promulgate 
through the press of the State the rules and regulations necessary to carry into 
full and complete effect the provisions of this act, carefully defining what 
diseases or maladies, both insect and fungus, shall constitute infectation in trees 
or plants within the meaning and purview thereof. 
Sec. 11. It shall be unlawful for any person, firm, or corporation to sell, give 
away, or ship within the State of Alabama any trees or shrubs or any other 
