LAWS—HORTICULTURAL 1217 
unless it is proven that the shipment 
contains stock not previously inspected. 
(Sec. 3103, R. & B.) 
Inspection of Shipments—Entry—Notice 
to Disinfect or Destroy 
Section 151. The district horticultural 
inspector shall have the right to enter 
upon any premises where nursery stock, 
fruit trees or horticultural plants are 
held or stored, when same have been 
shipped or sent to any point within his 
district for the purpose of sale or de- 
livery, and to inspect such stock, trees 
and plants for the purpose of sale or 
delivery, and to inspect such stock, trees 
and plants for the purpose of ascertaining 
whether the same are infected with any 
of the diseases or pests to which the same 
may be subject, hereinbefore described; 
and, in event he shall find that such stock, 
trees, or plants, or any thereof, are in- 
fected with any such disease or pest, he 
shall at once notify the person in charge 
thereof, and having the same in his pos- 
session, not to deliver the same nor per- 
mit the same to be removed from his 
possession until they are disinfected; and 
he shall also notify the owner thereof or 
the agent of the owner, or the shipper 
thereof, that said stock is infected and 
requiring such owner, or his agent, to 
disinfect such part thereof as is capable 
of proper disinfection, within five days 
from the date of such notice, in the man- 
ner required by law and prescribed in 
the rules and regulations of the State 
Commissioner of Horticulture; and it 
shall be the duty of such owner or his 
agent, or the shipper of such goods to 
so disinfect or destroy such infected 
property within five days. (Sec. 3104, 
R. & B.) 
Penalty 
Section 152. Any person violating any 
of the provisions of the last preceding 
section hereof shall be deemed guilty of 
a misdemeanor, and upon conviction 
thereof, shall be fined in any sum not 
less than $50 nor more than $200, to- 
gether with costs of action, and shall be 
committed to the county jail until such 
fine and costs are paid. (Sec. 3105, R. 
& B.) 
2-—36 
Disinfection of Shipment by Inspector 
Section 153. In event of the failure of 
the said owner or his agent, or the ship- 
per of such disinfected goods to properly 
disinfect and destroy the same as re- 
quired by the notice hereinbefore pro- 
vided for, it shall be the duty of said 
district horticultural inspector, and he 
shall have power, to forthwith enter upon 
premises where such stock, trees or plants 
are situated and to properly disinfect or 
cause to be disinfected such part thereof 
as is capable of disinfection and to de- 
stroy such part thereof as is not capable 
of disinfection. (Sec. 3106, R. & B.) 
Cost of Disinfecting Shipment—Charge 
Against Owner 
section 154. In case of disinfection 
and destruction of infected stock by the 
district horticultural inspector, as in the 
last preceding section provided, the cost 
thereof shall be paid by the owner of 
said stock or his agent or the shipper of 
said stock, and such charge shall be a 
lien upon said property, and the enforce- 
ment of such charges may be had in the 
same manner as provided for the enforce- 
ment of charges for inspection and disin- 
fection of nursery stock and orchards as 
hereinbefore provided. (Sec 3107, R. 
& B.) 
Importation of Infected Stock—-Penalty 
Section 155. Any person or persons 
who shall willfully and intentionally 
bring into this state, or offer for sale or 
distribution whether gratuitous or for 
profit, within this state, any nursery 
stock, fruit trees or horticultural plants 
infected with any of the diseases or pests 
injurious to the same, shall be deemed 
guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a 
fine in any sum not exceeding one hun- 
dred dollars ($100), together with the 
costs of the action, and shall stand com- 
mitted to jail until said fine and costs 
are paid. (Sec. 3108, R. & B.) 
Damages by Reason of Infected Stock— 
Action on Bond 
Section 156. Any person who shall 
suffer damage by reason of having pur- 
chased any nursery stock, fruit trees or 
