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agree that such tree or trees are so diseased they shall order the same to be destroyed 
forthwith by the owner or custodian thereof; but if a majority shall decide that 
such tree or trees, or any of them, are not so diseased, they shall revoke the order 
of the commissioner to destroy the same as far as it relates to the trees so found to 
be free from disease, but this section shall not apply to fruit ordered to be destroyed. 
Src. 6. Whenever any person shall refuse or neglect to comply with the order to 
remove and destroy thetrees or parts of trees so designated and marked by the com- 
missioner, as aforesaid, it shall become the duty of the comuissioner to cause said 
trees, or parts of trees, to be removed and destroyed forthwith, employing all neces- 
sary aid for that purpose. The expenses for such removal and destruction of trees, 
or parts of trees, to be a charge against the township, borough or city; and for the 
purpose of such removal or destruction the said commissioners, their agents and 
workmen, shall have the right and power to enter upon any and all premises within 
their township, borough or city. 
Src. 7. If any owner neglects to uproot and destroy or cause to be removed and 
destroyed as aforesaid such diseased trees or parts of trees or fruit after such exam- 
ination and notification and within the time hereinbefore specified, or any other 
person who shall sell or offer for sale such diseased fruit, such person shall be deemed 
guilty of a misdemeanor, and punished by a fine not exceeding $100, in the discretion 
of the court; and any justice of the peace of the township or borough or any alder- 
man of any city where such trees may be or where such nursery stock or fruit is sold, 
shipped, disposed of, or delivered as aforesaid shall have jurisdiction thereof. The 
words ‘‘part of trees” wherever used in this act shall refer to black-knot and pear- 
blight only, and not to trees affected with yellows. 
Src. 8. The commissioners shall be allowed for services under this act $2 for each 
full day and $1 for each half day and their other charges and disbursements under 
this act by the township board, borough, or city council, all of which costs, charges, 
expenses, and disbursements may be recovered by the township, borough, or city 
from the owner of such diseased fruit or nursery stock, or from the owner of the 
premises on which said diseased trees stood in action of assumpsit; provided said 
owner has refused or neglected to remove said diseased fruit or nursery stock in com- 
pliance with the order of said commissioner or commissioners, and provided that the 
provisions of this act shall apply to the San Jose scale when found on any vine, 
plant, shrub, or fruit tree. 
Sec. 9. All acts inconsistent with this act are hereby repealed. This actis ordered | 
to take immediate effect. 
Approved June 18, 1897. 
UTAH. 
CHAPTER 33.—Laws or 1894. 
Aw Acr authorizing county courts to appoint fruit-tree inspectors and to provide for the destruction 
of fruit-destroying insects. 
SECTION 1. It shall be the duty of the county court of any county in the Territory 
of Utah where fruit is grown to appoint one or more fruit-tree inspectors for such 
county. 
Src. 2. The duties of the fruit-tree inspectors of each county shall be to inspect 
every orchard, vineyard, or nursery in such county at such time and under such regu- 
lations as the county court shall prescribe. He shall annually report to the county 
court every item of interest and the result of his labors pertaining to the duties of 
his office. 
Sec. 3. It shall be the duty of the probate judge of any county wherein fruit trees 
are growing to annually issue his proclamation, stating the time or times when it is 
prudent and proper to spray fruit trees and to otherwise disinfect orchards that are 
infested with any kind of fruit-destroying insects, in which he shall name two or 
more formulas that have been used and approved for such purposes. 
