The Montgomery advertiser., 1903-03-19

they may deem necessary to prevent the further introduction, increase and dis semination of insect pests and plant dis eases.
 Sec. g. That the Professor of Horti- culture of the Alabama Polytechnic In- stitute shall act as State Horticulturist and as secretary of said Board of Hor- ticulture under the provisions of this Act. and 1t shall be the duty of the said board to promuIgats rules and regulations in ac- cordance with this Act for the govern ment of the said State Horticulturist in the duties devolving upon him in execu- ton of the provisions Of this Act. Sec. s There is hereby annually ap- propriated the sum of (s1.50o) fifteen hun dred dollars to be disbursed under the d. rection of the Board of Trustees of the Alabama Polytechnic Institute for the purpose of defraying the expense in the execution of this Act.
 Sec. 1. The State Horticulturist or a deputy duly authorized by the Board of Horticulture shall have power under the regulations of the Board of Horticulture to visit any section of the State where such pests are supposed to exist. and to determine whether any infested trees or plants are worthy of remedial treatment | or shall be destroyed, and he shall im- i mediately report his findings In writing. giving reasons therefor. to the owner ot ! the infested plantation, his agents or tenant, and a copy of each report shall also be submitted to the said board. In case of objections to the findings of the State Horticulturist or his deputy. an ap- peal shall be made to the said Board | who shall have the power to summon wit nesses and hear testimony on oath. and | whose decision shall be final. An appeal shall be taken within ten days and shall act as a stay of proceedings until 1t is heard and decided.
 Sec. 5. Upon the findings of the State | Horticulturist or his deputy in any case | of infested trees or plants. the treatment prescribed by him shall be executed at | once (uniess an appeal is taken). under his supervision. the cost of material and | labor shah be borne by the owner; pro- vided, however. that in case the trees | or plants shall be condemned they shall | be destroyed by the State Horticulturist. | and the expense of such action shall be borne by the owner. No compensation shall be allowed for any plants that shall | be destroyed.
 Sec. 6. In case any person or persons | refuse to execute the direction of the State Horticuiturist or of the said Board upon an appeal Justice of the Peace | or Probate Judge of the county shall. upon complaint filed by the State Hor | ticulturist or any freeholder cite the per son Or persons to appear before him with | in ten days after notice being served, and that the said judge upon satisfactory evil dence shall cause the prescribed treat | ment to be executed. and the expense thereof and cost of court shall be col l lected from the owner or owners of in- tested plants.
 Sec. T. It shall be unlawful to offer for sale. sell. give away or transport peren- nial plants. scions. buds. trees. shrubs. vines, or other plants, tubers. roots, cut tings. bulbs. known to be infested with | dangerously injurious insects or plant | diseases. Any person or persons violat- ing this section shall. upon conviction,
 be fined not less than ten nor more than one hundred dollars for each separate of
 fense
 Sec. s. The said Board of Horticulture.
 its agents or employees, arV hereby em- fvpowered with authority to enter upon any
 premises in discharge of the duties here | In described. Any person or persons who
 shall obstruct or hinder them or their
 agents In the discharge of these duties shall be deemed guilty of a misdemeanor. and. upon conviction therefor, shall be fined not less than ten nor more than
 one hundred dollars.
 Sec. g. The Board shall have the power also to adopt rules and regulations, not inconsistent with the laws and Constitu- ton of this State and the United States, for preventing the introduction of danger ously injurious crop pests of all kinds from without the State or regarding the dissemination of crop pests within the
 State, and for the governing of common carriers in transporting plants liable. to | harbor such pests. to and from and with | g, tha "a
 have the force of laws.
 Sec. 10. Be 1t further enacted, that the
 members of the said Board. any two of | whom shall constitute a quorum in the
 absence of the third. shall, within thirty
 days of the passage of this Act and from
 time to time. draw up and promulgate
 through the press of the State the rules
 and regulations necessary to carry into
 full and complete effect the provisions of
 this Act. carefully defining what diseases
 or maladies. both insect and fungus. shall
 constitute infectation in trees or plants
 within the meaning and purview thereof.
 Sec. Il. It shall be unlawful for any
 person, firm or corporation to sell, give
 away, or ship within the State of Ala
 bama any trees or shrubs or any other
 plants commonly known as nursery stock.
 without having a certificate of guarantee
 of the State Horticulturist of Alabama.
 copy Of such certncdte of guarantee
 must accompany each box or packag ge
 sold, given away or shipped. Such certih-
 cate must be dated within twelve months.
 If upon examination such stock is found
 to conform to the requirements of the said
 Board of Horticulture the Stabe Horti-
 culturist must furnish a certificate to
 that effect Any person or persons sell
 ing. giving away or shipping nursery
 stock without the certificate of the State
 Horticulturist shall be fined not less than
 fifty nor more than one hundred dollars.
 Sec. 12. Each and every person. firm
 or corporation. residing and doing busi-
 ness outside of the State of Alabama.
 dealing in or handling trees, shrubs or
 other plants commonly known as nursery
 stock. shall file copy of his or it's cer-
 tiffcate of his or its inspection, furnished
 by the State Horticulturist nursery in- spector or other duly authorized official
 of his or its state or county with the
 Secretary of the Board of Horticulture. Upon the filing of this certificate as above
 prescribed. and upon request of the per son. firm or corporation, a certificate will he issued to the same, and official tags bearing copy of such certificate and seal of the Board will be furnished the same at cost, provided. however that the afore- l said certificate of inspection shall be ad- [ judged satisfactory by the board. Each
 box. bundle or package of nursery stock shipped into Alabama by any person firm or corporation shall bear one of thesC
 tags. and shipments of stock not thus
 tagged shall be liable to confiscation by
 Inc Board of Horticulture through its