FLORIDA STATE HORTICULTURAL SOCIETY. 
185 
per of such goods, to so disinfect and destroy 
such infected property within five days. 
Section 37. Any person violating any of 
the provisions of the last preceding section 
hereof shall be deemed guilty of a misde¬ 
meanor, and, upon conviction thereof, shall 
be fined in any sum not more than $200.00, to¬ 
gether with the costs of action, and shall be 
committed to jail until such fines and costs 
are paid, unless otherwise released by law. 
Section 38. In the event of the failure of 
the said owner or his agent, or the shipper of 
such disinfected goods to properly disinfect 
and destroy same, as required by the notice 
hereinbefore provided for, it shall be the duty 
of said district horticultural inspector, and he 
shall have power, to forthwith enter upon the 
premises where such stock, trees or plants are 
situated', and to properly disinfect, or cause 
to be disinfected such part thereof as is capa¬ 
ble of disinfection, and to destroy such part 
thereof as is not capable of disinfection. 
Section 39. In case of disinfection and de¬ 
struction of infected stock by the district hor¬ 
ticultural inspector, as in the last preceding 
section provided, the costs thereof shall be 
paid by the owner of said stock, or his agent, 
or the shipper of said stock, and said charge 
shall be a lien upon said property, and the 
enforcement of such charges may be had in 
the same manner as provided for the enforce¬ 
ment of charges for inspection of nursery stock 
and orchards, as hereinbefore provided. 
Section 40. Any person or persons who 
6hall wilfully 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 conviction 
thereof, shall be punished by a fine in any 
sum not exceeding $100.00, together with the 
costs of the action, and shall stand committed 
to jail until said fines and costs are paid, un¬ 
less otherwise released by law. 
Section 41. Any person who shall suffer 
damage by reason of having purchased any 
nursery stock, fruit trees, or horticultural 
plants delivered within this ♦State, or shipped 
from a point within or without this State, for 
delivery within this *State, by reason of such 
stock, fruit trees, or plants being infected 
with any disease or pest injurious to the same, 
or by reason of the destruction of such stock, 
trees or plants, after inspection thereof, as 
herein provided, shall have a recourse upon 
the bond of the tree dealer, or nurseryman 
furnishing such stock, which damages may be 
recovered in any court of competent juris¬ 
diction of this State at the suit of such injured 
party: Providing. No damages shall be re¬ 
covered on account of infection of stock after 
the same has been inspected and passed. 
Section 42. The term “infection,” as used 
in this act, shall mean the finding of any nur¬ 
sery stock, fruit trees or horticultural or ag¬ 
ricultural products, or supplies used in con¬ 
nection with horticultural or agricultural 
products, to be affected by any one of 
the species of infection and disease or 
pests specified and described by the State 
Commissioner of Horticulture, as provided in 
section 24 of this act. 
Section 43. Any person deeming himself 
aggrieved by any finding, order or act of the 
district horticultural inspector, may appeal 
from such finding, order or act to the State 
Commissioner of Horticulture, and said »State 
Commissioner of Horticulture shall forthwith 
proceed to hear and determine such appeal, and 
render his decision therein, and report the 
same to the appellant, and to the district hor¬ 
ticultural inspector, from whose action or de¬ 
cision the appeal was taken; and such de¬ 
cision shall specify the further proceedings 
to be had in the premises. 
Section 44. There shall be held annually, 
a district horticultural inspector’s institute, 
which institute shall be held at the University 
of Florida, at Gainesville, Florida, and shall 
be held in the month of January, February or 
June. The said Commissioner of Horticul¬ 
ture shall fix the date of such institute and di¬ 
rect the attendance of all horticultural in¬ 
spectors by notice in writing, and said in¬ 
stitute shall continue for four days, and the 
State Commissioner of Horticulture shall out¬ 
line the proceedings of such institute, and 
preside over the same. It shall be the duty 
