324 
THE NATIONAL NURSERYMAN 
of the Board, and shall strictly enforce the provisions 
of (this act) (sections - to -, inclusive) as a 
police regulation of the (state) (commonwealth) un¬ 
der the direction and control of the Board. 
Bond. 
Section 4. —The inspector shall file with the Board a bond 
with security to be approved by the Board in the sum 
of one thousand dollars, conditioned on faithful per¬ 
formance of his duty. Any person suffering loss 
occasioned by reason of an act or omission of the in¬ 
spector and deputies which is deemed to be unjusti¬ 
fiable, may maintain an action upon said bond against 
the inspector and sureties thereon for such loss, not to 
exceed the amount of said bond. Indemnity bonds 
with sufficient sureties running to the inspector and 
the sureties upon his bond may be required of deputy 
inspectors. 
Appointment of Deputies. 
Section 5.—The Board is hereby authorized to appoint 
or dismiss on the recommendation of the inspector 
(deputies) (county horticultural inspectors) (district 
horticultural inspectors) who shall strictly enforce the 
provisions of (this act) (sections - to -, in¬ 
clusive) under the direction of the Board, and they 
are hereby endowed with the same police power as the 
inspector, and shall be furnished with official badges 
or other insignia of authority, which shall be carried 
while on duty. 
Section 6 . —The Board shall have the power to prescribe, 
modify and enforce such reasonable rules, regulations 
and orders as may be needed to carry out the pro¬ 
visions of this act, and may publish an annual report 
describing the various phases of the inspection work, 
or may publish such other information as may seem 
desirable concerning the inspection and such insects 
and diseases as are covered by (this act) (sections 
-to -, inclusive). Such rules and regulations 
shall be printed from time to time and furnished free 
to interested parties. 
Inspector’s Duties and Powers. 
Section 7.- —The Board, through the inspector or deputies, 
shall at least once each year inspect all nurseries and 
other places in which nursery stock is kept for sale. 
For this purpose such inspector or deputies shall have 
free access, within reasonable hours, to any field, or¬ 
chard, garden, packing ground, building, cellar, 
freight or express office, warehouse, car, vessel, or 
other place, which it may be necessary, or desirable 
for him to enter in carrying out the provisions of 
this act. It shall be unlawful to deny such access to 
the inspector or deputies or to hinder, thwart or de¬ 
feat such inspection by misrepresentation, or conceal¬ 
ment of facts or conditions or otherwise. 
Section 8. —The Board through the inspector or deputies 
shall have the authority to inspect any orchard; fruit 
or garden plantation, park, cemetery, private premises, 
public place, and any place which might become in¬ 
fested, or infected with dangerous or harmful insects, 
or plant diseases. It shall also have the authority to 
inspect or reinspect at any time or place any nursery 
stock shipped in or into the state and to treat it as 
hereinafter provided. 
Diseased Plant Material on Premises. 
Section 9. —The Board is hereby empowered to prohibit 
and prevent the removal or shipment or transportation 
of plant material, and any other material from any 
private or public property, or property owned or con¬ 
trolled by the state, or any area of the state (common¬ 
wealth) which in its judgment contains dangerously 
infested or infected nursery stock or plant or other 
material of any kind for such periods and under such 
conditions as in its judgment seems necessary in or¬ 
der to prevent the further spread of the infestation or 
infection, giving such notice thereof as may be pre¬ 
scribed by the Board; and during the existence of such 
order no person shall remove or ship from such area 
any such material whatsoever, except by special per¬ 
mission or direction of the Board. 
Section 10. —It shall be unlawful for any person in this 
state knowingly to permit any dangerous insect or 
plant disease to exist in or on his premises. It shall 
also be unlawful to sell, or to offer for sale, any stock 
infested or infected with such insect or disease. 
Section 11. —In case the inspector or deputy shall find 
present on any nursery, or dealer’s premises, or any 
packing ground or in any cellar, or building used for 
storage or sale of nursery stock, any injurious insect 
or plant disease, he shall notify the owner or person 
having charge of the premises, in writing, to that effect, 
and the Board shall withhold his certificate herein¬ 
after provided for, until the premises are freed from 
such injurious insect or plant disease, as hereinafter 
provided. It shall be unlawful for any person after 
receiving such notice to ship or deliver, or cause to he 
shipped or delivered, any nursery stock from such 
aforesaid premises. 
Section 12. — (1) If the inspector or deputy shall find on 
examination any nursery, orchard, small fruit planta¬ 
tion, park, cemetery, or any private or public premises 
infested with injurious insects or plant diseases, he 
shall notify the owner or person having charge of such 
premises to that effect, and the owner, or person having 
charge of the premises, shall within ten days after such 
notice cause the removal, and destruction of such trees 
plants, shrubs or other plant material if incapable of 
successful treatment; otherwise, cause them to be 
treated as the Board may direct. No damages shall be 
awarded to the owner for the loss of infested or in¬ 
fected trees, plants, shrubs or other plant material un¬ 
der this act. 
(2) In case the owner or person in charge of such 
premises shall refuse or neglect to carry out the or¬ 
ders of the Board within ten days after receiving writ¬ 
ten notice, the Board may proceed to treat or destroy 
the infested or infected plants or plant material. The 
expense thereof shall be assessed, collected and en¬ 
forced. as taxes are assessed, collected and enforced, 
against the premises upon which such expense was 
incurred. The amount of such expense when collected 
shall be paid to and become a part of the fund used to 
enforce the provisions of (this act) (sections - to 
-, inclusive). 
