42 



the owner or occupant of tlie land whereon the affected trees are growing, requiring 

 him within ten days from the receipt of the notice to deal with such trees in the 

 manner provided hy section 3 of this act. 



6. (1) It shall be the duty of every inspector appointed under this act by j)ersonal 

 inspection to ascertain from time to time whether either of the diseases mentioned 

 in this act exists in the municipality, and to report thereon at least once a year to 

 the municipal council, and wherever he is satisfied of the presence of either disease 

 he shall proceed in the same manner as in case of a complaint made under section 5 

 of this act. (2) A copy of the annual report of the inspector shall be forwarded by 

 the clerk of the municipality to the minister of agriculture. 



7. (1) An owner or occupant to whom notice regarding yellows has been given by 

 the inspector, under section 5 of this act, may appeal therefrom, within the ten days 

 limited therein, to the board of fruit-tree inspection of the municipality, (2) The 

 owner or occupant so appealing shall, within the said ten days, give notice in vrriting 

 to the inspector that he requires an examination of the trees in respect of which com- 

 plaint is made by the board of fruit-tree inspection, and shall name the day and hour 

 at which the examination will take place. (3) Tlie person appealing shall also, within 

 the said ten days, give notice in writing to three members of the said board that he 

 requires the attendance of the members notified at the time and place named for the 

 examination of the said fruit trees, and the date so fixed shall be not less than three 

 days after the service of notice on the inspector and on the last member of the board 

 so served. (4) At the day and hour named in the notice of appeal the members noti- 

 fied shall attend and examine the trees in question and determine whether or not the 

 notice given by the inspector to the owner or occupant, under section 5 of this act, 

 was rightly given, and the decision of the said board or of a majority of the members 

 present shall be final. (5) The decision of the board shall be in writing, signed by 

 the members agreeing thereto, and a duplicate thereof shall be given to the person 

 appealing and to the inspector, and pending such decision all proceedings against 

 the owner or occupant appealing shall be stayed, and if the said board decides 

 that the notice given by the inspector was wrongly given and was unnecessary no 

 further proceedings shall be taken thereon. (6) Each member of the said board 

 shall be entitled to receive two dollars for every examination made by him, by the 

 owner or occupant appealing if the board decides that the notice of the inspector 

 was rightly given, or by the municipality if the board decides that such notice was 

 wrongly given, and the amount of said fees shall be stated in the written decision 

 of the board, and shall be a debt due to the board from the party so found liable, 

 recoverable in any division court having jurisdiction. 



9. (1) Any owner or occupant of land who, after notice given by the inspector, as 

 provided by section 5, suffers any black knot to remain on plum or cherry trees, or 

 keeps any peach, nectarine, or other trees infected with yellows or the fruit of trees 

 so infected, shall, upon conviction, be liable to a fine of not less than five dollars nnd 

 not more than twenty dollars for every such offense. (2) Any person who hnow- 

 ingly offers for sa-lc or shipment, or sells or ships the fruit of trees infected with 

 yellows shall, upon conviction, l)e liable to a fine of not less than five dollars nor 

 more thau twenty dollars. (3) Every inspector who, after receiA'-ing the written 

 complaint required by section 5 of* this act, refuses or neglects to discharge the 

 duties imposed on him by this act, shall, upon conviction, be liable to a fine of not 

 less than ten dollars nor more than twenty dollars. 



10. Every offense against the provisions of this act shall be punished, and the 

 penalty imposed for each offense shall be recovered and levied, on summary convic- 

 tion, before any justice of the peace, and one-half of every fine imposed shall be paid 

 to the inspector or other person laying the information, and one-half to the treasurer 

 of the municipality in which the offense is committed, for the use of the munici2:>ality. 



11. The council of every municipality shall require its inspector or inspectors to 

 faithfully discharge all their duties under this act. 



Assented to, May 27, 1893. 



