33 



or label showing the name of the owner and shipper of the same, and of the locality 

 where produced; and any person who shall ship, transport, or remove, or cause to 

 be shipped, transported, or removed, any fruit trees, scions, cuttings, or plants fo'.md 

 upon inspection as aforesaid or known to be infected as specilied in this act, or which 

 are untrue to name, before the same is disinfected to the satisfaction of some member 

 or olficer or appointee of the board, shall be deemed guilty of a misdemeanor, and 

 upon conviction shall be fined as provided for in section 8 of this act; and it shall be 

 a misdemeanor punishable as aforesaid for any person to ship or transport from one 

 locality to another any fruit trees, scions, cuttings, or plants that have been disiu- 

 fccted, without a stamp or label on the box, package, or wrapping thereof, showing 

 such disinfection; and any person who shall use any false or counterfeit stamp or 

 label as aforesaid siuill be deemed guilty of a misdemeanor, and upon conviction 

 thereof shall be fined as provided in section 8 of this act; and the board shall have 

 power to make such temporary appointments as may be necessary to carry out the 

 provisions of this section. 



Sec. 8. Whenever complaint is made to any member of the board that any per- 

 son has an orchard, trees, or nursery of trees, or a fruit x>acking liouse, storeroom, 

 sales room, or any other place in this State, infected with any noxious insects, or the 

 eggs or larva? of any such insects, injurious or that may become injurious to the fruit 

 interests of the State, such member shall inspect, or cause to be inspected, the 

 premises or property to which such complaint relates; and if the same is found to 

 be infected as aforesaid, such member shall notify in writing the person having 

 charge of such premises or property to appear before him at a certain time and place, 

 to be specified in such notice, to be heard in reference to the infection of such premi- 

 ses or property as aforesaid ; and if such member, after hearing the person in charge 

 of such premises or property, shall be of the opinion that such premises or property, 

 or any of the same, is infected as aforesaid, he shall notify in writing the person in 

 charge of the same, within a time to be prescribed in such notice, to treat and disin- 

 fect such premises or property in the manner prescribed in such notice; and if the 

 person so notified shall neglect or refuse to treat and disinfect said premises or prop- 

 erty in a manner and within the time prescribed in such notice, such person shall be 

 deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not 

 less than twenty-five nor more than one hundred dollars ; and if it appears upon the 

 trial that any orchard, trees, nurseries, buildings, or other structures, premises, or 

 property is infected as aforesaid, the court shall declare v/hatsoever of the same is 

 so infected a nuisance, and shall order it to be abated,, or may make any other order 

 necessary to prevent its continuance; and it shall be the duty of the board, or some 

 member thereof, to execute such order; and the cpsts and disbursements of the pros- 

 ecution shall be adjudged against the party convicted as aforesaid. 



On file in the office of the secretary of state, February 21, 1891. 



I.AWS OF PEN1VSYI.VANIA. 



AN ACT to prevent the spread of the disease in peacli trees known as the yellows. 



Be it enacted hy the legislature of the State of Pennsylvania : 



Section 1. That it shall be unlawful for anyone to knowingly or willfully keep 

 any peach, almond, apricot, or nectarine tree infected with the contagious disease 

 known as the yellows, or to offer for sale or shipment or to sell or ship to others 

 any of the fruit thereof; both tree and fruit so infected shall be subject to destruc- 

 tion as public nuisances as hereinafter provided, and no damages shall be awarded 

 in any court in this State for entering upon i)remises and destroying such diseased 

 trees and fruit, if done in accordance with the provisions of this act; and it shall be 

 the duty of every person, as soon as he becomes aware of the existence of such 

 disease in any tree or fruit owned by him to forthwith destroy or cause the same 

 to be destroyed. 



1588— No. 11 3 



