150 LAWS AGAINST INJURIOUS INSECTS. 
this act and the regulations of the State board of horticulture, and perform 
such other labors as the county commissioners may direct for the extirpation of 
fruit and other pests and diseases: Provided, That it shall not be lawful to 
spray with any arsenical or other poisonous material any tree or shrub when 
the same is in bloom: Provided further, That in the event of any county in- 
spectcr failing or refusing to properly perform his Cuties, nothing in this act 
shall be construed to prevent the member of the State board of horticulture for 
the district in which such county inspector may be derelict from enforcing in 
said county the provisions of this act and the rules and regulations of the State 
board of horticulture. 
Sec. 18. The county fruit-tree inspector, or his deputies in each county, shall 
make an inspection of every orchard, nursery, vineyard, and fruit packing or 
cold storage house, storeroom, or sales rcom, warehouse, or any other place, or 
article connected with horticulture within their jurisdiction at least once every 
year, and as much oftener as may be deemed necessary for the protection of 
the fruit interests of the county, and if found infected with pests or diseases 
injurious to fruit or fruit trees, vines, shrubs, plants, ornamental or shade 
trees, they shall notify the owner or owners, person or persons, in charge or 
possession of the fruit, trees, vines, shrubs, or places or articles as aforesaid that 
the same, or any of them, are infected with disease, insects, or their eggs or larve, 
and they shall require such persons to remove or disinfect the same and make 
application of such treatment for the purpose of destroying them as prescribed 
by the State board of horticulture, within a certain time, to be specified in said 
notice. Said notice may be served upon the person or persons owning or hay- 
ing charge of such infested trees, fruits, or places or articles aforesaid by any 
inspector, or they may be served the same as a Summons in a civil action. If 
the owner or owners, person or persons, in charge or possession of orchards or 
nursery trees, ornamental or shade trees, fruits, places, or articles infected with 
said diseases, insects, or any of them, their larvze, or eggs, after having been 
notified as above by said inspector to destroy the same cr make application of 
treatment as directed, shall fail, neglect, or refuse so to do, they shall be 
deemed guilty of maintaining a public nuisance and shall be punished by fine, 
not less than five nor more than one hundred dollars, and any such orchards, 
nurseries, trees, or places or articles thus infected, shall be adjudged, and the 
same is hereby, declared a public nuisance, and shall be punished by fine, not 
less than five nor more than one hundred dollars: and any such orchards, 
nurseries, trees, or places or articles thus infected shall be adjudged, and the 
same is hereby declared a public nuisance and shall be proceeded against as 
such. It shall be the duty of the county inspector in whose county said nuisance ~ 
shall exist to cause such nuisance to be abated at once by eradicating or de- 
stroying said disease, insects, or pests, or their larve or eggs, by treating or 
disinfecting the infected or diseased fruit trees, plants, places or articles as 
aforesaid, and the costs thereof shall be assessed against the owner or owners, 
person or persons, in charge of said property or premises, and if not paid 
within 10 days from demand the said expense shall become a county charge 
and the board of county commissioners shall allow and pay the same out of the 
general fund of the county. Any and all sums so paid shall be and become a 
lien on the property and premises from which said nuisance has been removed 
or abated in pursuance of this act and may be recovered by an action against 
the owner or owners of such property or premises: Provided, That al! formulas 
for disinfection or eradication cf said diseases or insect pests shall be as pre- 
scribed by the State board of horticulture, but the time and place of application 
shall be left to the discretion of the county inspectors. 
