166 LAWS AGAINST INJURIOUS INSECTS. ’ 
ished by a fine of not less than two hundred dollars nor more than eight hun-> 
dred dollars, or by imprisonment not to exceed two years. Any person or per- 
sons who shall sell, offer for sale, distribute, or give away any tree or trees, 
root or roots, grass, cuttings, or scions infected with insect pests, spores. or 
fungus growth shall be deemed guilty of a misdemeanor, and. on conviction 
thereof, shall be punished by a fine of not less than fifty dollars nor more than 
two hundred dollars, or by imprisonment in the county jail not less than fifteen . 
days nor more than thirty days. A repetition of the offense shall subject the 
offender to increased penalty not over the maximum above stated. Any nursery 
trees, shrubs, or plants which have been shipped from and to any place within 
the State for distribution or for planting and which are infected with any 
injurious insect. larve, or fungus growth shall be disinfected under the direc- 
tion of the inspector of the county where such trees and plants are taken, and 
the cost of such disinfection shall be charged to the owner of said articles and 
shail be a lien on such trees, shrubs, or plants until paid, and the person in. 
possession of such articles being held subject to lien shall have a legitimate 
claim against the party from whom he received the articles for reimbursement 
ef costs. including cost of collection, and shall have recourse against the bond 
of the person furnishing the articles, and such claim may be enforced in any 
court of competent jurisdiction of the State. That any agent, tree dealer, or 
salesman who shall solicit orders for fruit trees or nursery stock shall leave 
with the person giving such order a duplicate of the same, and attach thereto 
a certificate to be signed by such salesman or agent. naming the nursery from 
which such nursery stock will be supplied and its location. : 
Sec. 15 (as amended by act of 1905). The county fruit inspector shall, in the 
performance of his duties as such inspector, have on any day except Sunday 
free access to orchards, nurseries. gardens, hop fields, packing houses, fruit 
sheds, and storerooms where fruit may be kept; fruit boxes, full or empty, or 
any other material or place suspected of being infected with insect pests or 
diseases injurious to the fruit interest of the State. If he find any nursery. 
orchard, garden, or other place or material infected with insects or fungus 
growth, larvz, or spores injurious to the fruit interests. he shall forthwith 
notify in writing the owners, occupants, or persons in possession thereof that the 
same is infected, prohibit their removal, and direct the manner in which the 
same shall be disinfected. If the owner. occupant, or person in possession of 
said orchard, garden. storeroom. fruit stand, or other place, or infected mate- 
rial shall not within ten days disinfect the same in the manner by the county 
inspector provided or shall not have appealed from the decision of the county 
‘inspector to the commissioner of horticulture, if the premises infected be an 
orchard, or nursery of fruit trees. a garden, fruit stand, or storeroom, and the 
person or persons in charge thereof have neglected or refused to disinfect the 
said premises within the time specified in said notice nor have appealed as afore- 
said, then the county inspector shall enter on and disinfect part or all of said 
premises so neglected. and the cost thereof shall be a legimate [legitimate] 
charge and lien, with interest until paid, upon the real property of the owner 
of such premises so disinfected; such lien shall be collectible with costs in suit 
in any of the courts of the State as other lawful claims are collectible. If the 
infected property be transportable material, the county inspector shall notify 
tlie person in charge thereof not to remove the same and to disinfect the same 
within twenty-four hours and describe the manner of disinfection. If the 
person in charge of said infected material neglect or refuse to disinfect the 
same as notified or fail to appeal, then the inspector shall destroy such infected 
