6b 



sufficient. The said owner or tenant shall, in fifteen days after date of the said 

 notice, dig up and destroy, root and branch, by burning, all trees marked for destruc- 

 tion and specified in the above notice. Fruit condemned under this act shall also be 

 destroyed by burning or burying. 



Sec. 5. If any ]3erson, after due notice as'provided for in this act, neglect or refuse 

 to destroy within the specified time trees or fruit properly condemned, the inspector 

 shall have power to enter upon any and all premises, with such force as shall be 

 necessary, and destroy all property condemned as hereinbefore provided for, and 

 the cost of x)erfornung this duty shall be paid as hereinafter provided for. Any 

 person who shall believe that his trees or fruit have been condemned without suffi- 

 cient evidence may appeal from the decision of the inspector, in which event he 

 shall serve notice of sucli appeal on the inspc-ctor within three days after receiving 

 notice of condemnation of trees or fruit. The inspector on receiving such notice 

 shall at once report the same to the county judge, who shall immediately appoint 

 two assistant inspectors to act with the inspector, and upon their verdict the con- 

 firmation or reversal of the orchard inspector's order shall rest. This joint commis- 

 sion shall meet and act not later than the last day specified in the original notice of 

 condemnation; it may extend the time for the destruction of trees or fruit. 



Sec. 6. In case an inspector shall at any time become derelict or neglectful of his 

 duties, or act in a manner prejudicial to the interest of any citizen, he may be charged 

 with misconduct, which charge shall specify in writing the nature of his misdemeanor 

 or neglect of duty. On presentation of such a charge to the judge of the county 

 court, he shall cite the said inspector to appear before him on a specified day within 

 the next thirty days, when a fair hearing shall be given, and if the charges are sus- 

 tained, the said inspector shall be removed from office and another person appointed 

 in his stead. The accused shall always be furnished with a copy of the charges. 



Sec. 7. Any person appointed as an orchard inspector under this act shall hold his 

 office until the expiration of the following thirteenth day of November, when the 

 office shall lapse until such time as it is revived by request, as provided for in sec- 

 tion 2 of this act. Any person appointed assistant inspector under this act shall hold 

 his office only during the hearing of the special case for which he was appointed. 



Sec. 8. The pay of any inspector shall be at the rate of one and a half dollars per 

 day for the time actually engaged in the work of inspection, Avhich sum shall be 

 paid out of the incidental funds in the county treasury, after his accounts have been 

 examined and found correct by the county board of supervisors : Ft'ovided, That no 

 inspector shall be j)aid unless it be well established that the yellows disease prevails 

 in his area of inspection. When any inspector shall be compelled to personally 

 destroy, or cause to be destroyed, diseased trees or fruit, as provided for in this act, 

 all necessary expenses incurred by him in so doing shall be collected by him from 

 the owner of the j)remises on which the diseased trees be found and destroyed. The 

 inspector shall first present a bill for said necessary expenses, which, if not paid, he 

 may proceed to collect the amount of bill by proceedings before a justice of the 

 peace: Avd provided further, That in no county shall the payment made out of the 

 county funds to execute the provisions of this act exceed in any one year the sum 

 of thirty dollars. 



Sec. 9. This act hereby creates the office of chief inspector of orchards for the 

 State, which office shall be vested in the commissioner of agriculture, who shall serve 

 without pay for duties performed under this act. It shall be the duty of this officer 

 to prepare blank forms for the use of county inspectors and for other purposes within 

 the scope of this act, which forms, upon the apj)roval of the governor, shall be 

 printed by the public printer in such number as may be necessary for the work 

 required; further, he shall at once, on the appointment of an orchard inspector, fur- 

 nish him with such forms and instructions as he may need for the proper prosecution 

 of his duties, and shall at all times answer inquiries from the county inspectors or 

 any individual interested, pass upon questions and material submitted to him for 



