44 



the Province in tlie interests of liortieulture, and impart sucn information and 

 instruction to fruit growers and farmers as may tend to tlie improvement and expan- 

 sion of tlie fruit industry of the Province. 



Sec. 9. Any member of the hoard, their inspector or agent, upon the complaint of 

 interested i)arties, or upon his own motion, may inspect, or cause to he inspected, 

 fruit, trees, plants, grafts, scions, nursery stock of all description, orchard debris, 

 empty fruit boxes or packages, and other material, orchards, nurseries, and other 

 places suspected or believed to be infested with fruit j^ests, or infected with conta- 

 gious diseases injurious to trees, plants, or fruitSj and for the purposes thereof he 

 shall have full power and authority to enter in and upon any farm, orchard, nursery, 

 or garden, or any barn, warehouse, storehouse, shop, or other place or building, and 

 if he shall find that the said fruit, trees, plants, grafts, scions, nursery stock of all 

 description, orchard d6bris, empty fruit boxes or packages, and other material, 

 orchards, nurseries, and other places are infested with fruit pests, or aiiected with 

 contagious diseases injurious to trees, plants, or fruits, as aforesaid, such member, 

 or inspector, or agent, shall notify in writing the owner or person having charge of 

 such i^remises or property, within a time to be prescribed in such notice, to treat and 

 disinfect said premises or property in the manner presented in such notice; and such 

 property shall not be removed after the owner or x^erson in charge of the same shall 

 have been notified in writing, as aforesaid, without the written permission of a 

 member of the board or the inspector ; and if the person so notified shall neglect or re- 

 fuse to treat and disinfect the said premises or property, in the manner and within the 

 time prescribed in the said notice, such person shall be deemed guilty of a violation 

 of this act ; and if it appears on the trial that any orchard, trees, nursery, building, or 

 any other structures, premises, or property in charge of or belonging to the defend- 

 ant referred to in said notice, or any part of such structures, premises, or property, 

 is infested or affected as aforesaid, the court may order whatsoever of the same is so 

 infested or affected to be disinfected or destroyed within a time to be mentioned in 

 said order, or may make any other order that it shall deem fit; and if such order be 

 not obeyed within the time therein specified, it shall be the duty of the board, or of 

 some member thereof, or of their inspector or agent, to execute such order, and the 

 costs and disbursements of the prosecution shall be adjudged against the party con- 

 victed as aforesaid. 



(a) In case, upon inspection as herein provided, the member of the board, inspector, 

 or agent finds any of the premises to be infested with fruit pests or affected with 

 contagious disease, but is unable to take the prvvceedings herein provided by reason 

 of there being no person in charge, or either the owner or his whereabouts being 

 unknown, he shall be at liberty to cause the same to be disinfected, and the costs 

 and expenses thereon shall be a lien uf»on the property, which may bo enforced by 

 seizure and sale of a sufficient quantity thereof to satisfy the same: Provided, liow- 

 ever, That no property shall be destroyed under this subsection until an order there- 

 for has been obtained fjom a justice of the peace, which order any justice is hereby 

 authorized to make upon proof of the urgency of the case or of reasonable efforts 

 having been made to ascertain the owner or person who should be in charge of the 

 infected property. 



Sec. 12. The board shall, annually, in the month of January, report to the minis- 

 ter of agriculture a statement of its doings and any regulations made under this act, 

 with a copy of the treasurer's account for the year preceding, and abstracts of the 

 reports of the insj)ector of fruit pests and of the secretary; and such report shall be 

 laid before the legislative assembly immediately, if it be in session, or, if not, within 

 fifteen days after the opening of the next session thereof. The members of the board 

 shall receive as compensation for their ser\'ices their mileage actually paid out when 

 attending the meetings of the board, and shall be allowed a sum not exceeding five 

 dollars a day for time actually employed, to be fixed by the lieutenant-governor in 

 council. 



