LAWS—HORTICULTURAL 
able of proper disinfection, subject to the 
provisions hereof relative to the sale, dis- 
position and use of infected fruit, and 
shall fix the time in said notice within 
which the same shall be so disinfected, or 
destroyed, as the case may be, and such 
owner or person having the same in 
charge shall proceed to disinfect or de- 
stroy such stock, trees or products, as 
the case may be, in the manner required 
by law and in the manner prescribed by 
the State Commissioner of Horticulture, 
and within the time specified in said no- 
tice. (Sec. 3096, R. & B.) 
Separation of Infected from Healthy 
Stock 
Section 144. In event of the infection 
of stock, trees or products, as hereinbe- 
fore specified, if a part only thereof is 
affected so that it cannot be properly dis- 
infected, the owner or person in charge 
of the same shall have the privilege of 
separating the same into one or more of 
three classes, to-wit: Such as does not 
need disinfection; such as can be proper: 
ly disinfected; and such as cannot be 
properly disinfected; and such owner or 
person in charge shall destroy such stock, 
trees or products as cannot be disinfect- 
ed within the time specified in said no- 
tice, except in case of fruit which may 
be used or disposed of under the rules 
and regulations prescribed by the State 
Commissioner of Horticulture, as herein 
provided, and shall proceed to disinfect 
such as can properly be disinfected with- 
in the time specified in said notice. (Sec. 
3097, R. & B.) 
Inspector May Disinfect at Cost of 
Owner 
Section 145. In the event of the fail- 
ure of the owner or person in charge of 
such stock, trees or products to separate 
or disinfect or destroy the same, as in 
the last preceding section provided, and 
within the time specified in said notice, 
the district horticulture inspector shall 
have the right to enter upon the premises 
and perform the acts herein provided for, 
or cause the same to be performed, at 
the expense of the owner or person so 
having charge of such stock, trees, or 
products, and shall have the right to de- 
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stroy all stock or products which are in- 
fected so that they cannot be-properly 
disinfected. (Sec. 3098, R. & B.) 
Recovery of Cost of Inspection—Lien 
Section 146. In event of disinfection 
of any orchard, fruit trees, ornamental 
trees, shrubs, vines, horticultural plants, 
or other plants, fruits, horticultural prod- 
ucts or other property by the district 
horticultural inspector, or any person 
under his direction or orders, the costs 
thereof shall be charged against the own- 
er of such stock and the premises upon 
which the same may be growing, for the 
costs of such disinfection, or the destruc- 
tion of the property which cannot be 
properly disinfected, which charge may 
be recovered in an action at law in the 
name of the State of Washington upon 
the relation of the district horticultural 
inspector against the owner or person 
having charge of such property, and shall 
also constitute a lien against the said 
property and the premises upon which 
the same may be growing, which lien 
may be enforced in any court of compe- 
tent jurisdiction, and the bringing of an 
action at law to recover costs shall not 
be deemed to be, and shall not constitute, 
a waiver of such right of lien. (See. 
3099, R. & B.) 
Penalty for Failure to Disinfect 
Section 147. Any person failing to dis- 
infect or destroy any nursery stock, shade 
trees, ornamental shrubbery, fruit, horti- 
cultural products, or disinfect the prem- 
ises upon which the same may be situ- 
ate, as herein provided, within the time 
specified after notice from the district 
horticultural inspector of the district 
wherein the same is situated, shall be 
deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined in 
any sum not less than fifty dollars nor 
more than two hundred and fifty dollars, 
and shall be imprisoned in the county 
jail until such fine is paid. (Sec. 3100, 
R. & B.) 
Notice of Shipment of Nursery Stock 
Section 148. It shall be the duty of 
each person, firm or corporation dealing 
in nursery stock or horticultural plants, 
