OHIO. , 1138 
for, and shall issue an order to the chief inspector, or assistant inspector, to 
enforce the orders by him made; but if the issues are found with the defend- 
ant, or defendants, the action shall be dismissed and the orders for destruction 
annulled, and the costs shall be ordered paid by the Ohio State board of agricul- 
ture, and paid by it out of any funds appropriated for carrying out this act. In 
the matter of taxing and apportioning costs, the court shall have the same 
equity powers as are now conferred upon courts of common pleas. 
Sec. 8. Any owner or lessee who shall fail, neglect, or refuse to treat infested 
or infected trees, shrubs, plants, or vines within the time, and in the manner, 
prescribed in said notice, and any person who shall be ordered to destroy any 
trees, shrubs, plants, or vines, or nursery stock, and shall fail, neglect, or refuse 
to destroy the same, as ordered, within ten days after the probate court shall 
have issued its order to the chief inspector or assistant inspector, to enforce the 
orders by him made, and any person who shall fail, neglect, or refuse to com- 
ply with, or obey, any order made pursuant to the provisions of this act, or who 
‘Shall fail, neglect, or refuse to comply with any of the requirements or provi- 
sions hereof, or who shall violate or neglect to carry out, or offer any hindrance 
to the carrying out of any of the provisions of this act, shall be adjudged 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less 
than ten dollars or more than one hundred dollars for the first offense; and 
not less than fifty dollars or more than three hundred dollars for any subse- 
quent offense, and the cost of prosecution, and stand committed until the same 
are paid. It shall be the duty of the prosecuting attorney of the county to con- 
duct all prosecutions under this act, and all fines recovered shall be paid to the 
Ohio State board of agriculture. The probate court of each county in this State 
shall have original and final jurisdiction in all the prosecutions under any of 
the provisions of this act, and, for the trial of the same, such courts shall always 
be open regardless of the terms fixed in said courts for the trial of criminal 
cases, and the complainant shall not be required to give security for costs. 
Sec. 9. The Ohio State board of agriculture shall make an annual report to 
the governor of the State concerning the operations of the division of nursery 
and orchard inspection, which shall give the number of nurseries inspected, the 
number of certificates issued, the number of trees treated and destroyed by 
the direction of the chief inspector, and such other information as may be 
deemed necessary. 
Sec. 10. Said act passed May 10, 1902, entitled “An act to amend an act passed 
April 14, 1900, entitled ‘An act to prevent the introduction and spread of the 
San Jose scale and other dangerous insects and dangerously contagious dis- 
eases affecting trees, shrubs, vines, plants, and fruits,” is hereby repealed ; 
and that this act shall take effect and be in force from and after its passage. 
REGULATIONS OF THE OHIO DEPARTMENT OF AGRICULTURE CONCERNING THE 
INSPECTION, CERTIFICATION, AND FUMIGATION OF NURSERY STOCK. 
In compliance with the nursery and orchard inspection law of Ohio, all appli- 
eations for nursery inspection must be placed on file in this office on or before 
July 1 of each year. 
_As the law exempts “ greenhouse plants and cuttings thereof, bulbs, flowers, 
and vegetable plants ” from inspection, no certificates on stock of this character 
will be issued unless the cost of inspection is paid by the owner. 
7418—No. 61 M——-8 
