Vite a 
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act to prevent the introduction and spread of fruit tree and plant diseases, insect 
pests, fungi, spores, eggs, or larvae of insects injurious to the fruit interests of his 
county or of this State. 
Sec. 12. It is hereby made the duty of the county fruit inspector, if from his 
personal observation, complaint, or other credible information, he has reason to sus- 
pect that any person, company, or corporation has an orchard, trees or nursery of 
trees, vines, or garden, fruit packing house, storeroom, or that any other place or 
material in his county is infected with, or is a repository for eggs, larvae of any 
noxious insects injurious to fruits and plants, or that any trees, fruits, or plants are 
in transit to his county from outside of this State, or about to be disseminated 
within his county, which are known or are suspected to be from localities that are 
infested with any disease or pests injurious, or that may become injurious, to the 
fruit interests of his county or State. He shall without delay inspect the premises, 
property, or materials so suspected, and if the same is found to be infected as 
aforesaid, he shall notify, in writing (prescribing the manner of disinfection), the 
owner, his agent, or the person in charge of the same, to treat and disinfect the said 
premises or property within five days. If any person so notified shall neglect or 
fail to disinfect such said premises or property in the manner and in the time pre- 
scribed in said notice, the person notified and failing to disinfect the infected prop- 
erty or premises shall he deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than five dollars ($5) nor more than fifty dollars ($50) 
and costs of action in court, which fine and costs shall be a judgment lien upon said 
premises or property. After the expiration of said ten* days and the failure on the 
part of the owner or person in charge to disinfect the said premises or property as 
aforesaid, then, to prevent the spread of insect pests or disease, it will be the duty 
of the county inspector to enter on such premises or property and disinfect the same. 
The cost of such disinfection shall be a lien against said premises or property, the 
payment of which shall be collectible, with costs, in any court of the State. 
Sec. 13. Any person or persons which shall bring into the State, sell, offer for sale, 
distribute, or give away fruit trees, plants, shrubs, fruit, or other material infested 
with any kind of insect pests injurious to fruit, fruit trees, or plants shall be guilty 
of a misdemeanor, and upon conviction thereof shall be punished by a fine of not 
less than twenty-five doliars ($25) nor more than two hundred dollars ($200), or by 
imprisonment in the county jail not less than sixty days nor more than one year: 
Provided, That for each repeated offense the person or persons convicted, as afore- 
said, may be punished by a fine of one hundred to two hundred dollars ($100 to $200), 
or by imprisonment not to exceed two years. Any person or persons who shall sell, 
offer for sale, distribute, or give away any tree or trees, root or roots, grafts, cuttings 
or scions, infested 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 five dollars ($5) nor more than twenty-five dollars ($25), or by imprisonment in 
the county jail not less than ten 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 infested 
with any injurious insects, larve, or fungus growth, shall be disinfected under the 
direction of the inspector of the county whereto such trees and plants are taken, 
and the cost of such disinfection shall be charged to the owner of said articles, and 
shall be a lien on said trees, shrubs, or plants until paid; and the person in posses- 
sion of such articles being held subject to lien shall have a legitimate claim against 
‘the party from whom he received the articles for reimbursement of cost, including 
cost of collection, and may be enforced in any of the courts of the State. It is pro- 
vided that if the cost of said disinfection is more than five dollars ($5) the expenses 
shall not exceed the rate of five cents per tree, and said lien to be foreclosed upon 
like notice and manner as in the case of sales of personal property on execution. 
* This law is copied verbatim from the third biennial report of the State board of horticulture and 
this apparently discrepant nwaber occurs in the original. 
