The Birmingham age-herald., 1915-10-23

be disbursed under the direction of the state board Of horticulture, but no dis pursements shall be made except for the purpose of defraying the expenses in the execution of the provisions of this chap ter.
 Sec. f. Be it further enacted by the legislature of Alabama that section S14 of the code of Alabama be amended so as to read as follows: s14 Treatment or infested trees or plants: The state horticulturist or a deputy duly author lzed by the board of horticulture, shall, under the regulations of the board of horticulture, visit any section of the state where such pests or diseases are supposed to exist, and to determine whether the infested or diseased trees or plants are worthy of remedial treat ment or shall be destroyed. and on vls- lting and discovering such diseased or infested trees or plants he shall, if he deem it necessary. as in the case of highly infectious plant diseases and communicable insect infestations, at tach to each infested plant or planting or at the principle entrance of said in fected property or planting tag or card of kind of material that will withstand the weather conditions for period of at least 90 days, and which tag may be replaced from time to time until the said trees or plants have been treated, freed from said infection or destroyed, and upon such tag, in indelible mark .ings, shall be noted the approximate extent of infection on said farm, nur- sery, or orchard. the name by which the disease is known, and such other words, or instructions, of a quarantine nature as the state board of horticulture shall deem to be necessary to prevent the spread of. the infction or infesta- n nf ia mi n rrc ar chards than those originally found to be infected on said farm, nursery or property. And such tag or card shall not be removed, altered, nor defaced by the owner, tenant, or manager of said farm or any other person, unless authorized to do so by the state horti- eulturist, and he shall immediately re- port his findings in writing giving req sons therefor to the owner of the in- fected or diseased plantation, his agents or tenants and a copy of each report shall also be submitted to the state board. Any person or persons who shall remove. deface, or alter the said tag or card after the same has been af- fixed as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $50 nor more than $1o0. In case of objections to the findings of the state hortfculturist or his deputy, an appeal may be made to the state board, who shall have the power to sum- mon witnesses and hear testimony on oath and it's decision shall be final. An appeal must be taken within 10 days and shall act as stay of proceed ings' until it is heard and decided. In case of an appeal by the owner of any nursery, orchard or plantation to the state board of horticulture, the state shall pay he cost of the proceedings in the event that the owner shall win his appeal. and the appellant shall pay said cost in the event his appeal is not sus- tained, and the said cost shall consti- ute lien against the property of said owner and may be collected in the man. ner provided in section of the act amending section S15 of the code or Alabama.
 Sec. 5. Be it further enacted that sec tion Sl5 of the code of Alabama be amend ed so as to read as follows: S15. Cost of treatment by owner: Upon the findings of the state hortculturist or his deputy in any case of infested or diseased trees or plants, the treatment prescribed by him shall be executed at once (unless an appeal be taken), under his supervision, the cost of labor and material shall be borne by the owner; provided, however, tbat in case the trees or plants shall be condemned they shall be destroyed by the state horticulturist or his deputy and the expense of such action shall be borne by the owner, which expense whether of |. treatment or destruction, and the owner shall pay such expenses within % days; if such owner shall fail to pay all such expenses within such time. the solicitor of such county shall bring suit in the name of the state for the recovery of the same and when judgment is recoy- cred and collected the fund shall be paid into the fund belonging to said board from which said expenses shall have . been paid.
 Sec 6. Be it further enacted that sec ton SIS of the code of Alabama be amend ed so, as to read as follows: SIS Pre- venting introduction of pests. The state board of horticulture shall adopt rules and regulations, not inconsistent with the laws and constitution of this state and of the United States. for preventing the introduction of dangerously injurious crop pests and diseases of all kinds from without the state, for preventing the ex- istence of such pests or diseases on any premises of whatever nature and kind in this state, for the preventing of the existence of infested or diseased plants, trees or shrubs that are hosts for said pests or diseases, when same are in the . counties wherein the said pests or dis eases are already in existence, or regard ing the dissemination of crop pests and diseases within the state, and for the governing of common carriers in trans- porting plants liable to harbor such pests or diseases, to and from and within the state and such regulations shall have the force of laws.
 Sec. '. Be it further enacted that sec tion S19 of the code of Alabama be amended so as to read as follows: S19 Issuance of bulletins: The members Of said board, any two of whom shall con- stitute a quorum, shall from time to time draw up and promulgate, through the press of the state, or in bulletins or both rules and regulations necessary to carry into full and complete effect the pro- visions of this chapter, carefully defin- ing what diseas ses or maladies, both in- sect and fungus, shall constitute infesta- tion in trees and plants within the mean ing and purview thereof, and what plants trees or shrubs are hosts for the vari- ous pests and diseases in the counties of the state in which the respective pests or diseases have an existence.
 Approved September 2S, 1915.
 Official:
 JOHN PCRIFOY.
 Secretary of State.