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under which the same is sold or delivered. The premises of any such person or persons as aforesaid shall be subject to inspection and to such regulations as may be deemed necessary by the Ohio State Board of Agriculture, for the prevention of the spread of dangerously injurious insect pests or plant diseases. Failure to file such sworn statement, or the sale or delivery of such stock after the certificate under which it was bought has become invalid shall render the agent or dealer liable to the penalties prescribed in section 8 of this act. The provisions of this section shall not apply to any person or persons who sell or deliver such stock from nurseries within this state that hold a valid certificate, which is provided for in this act, if the said stock is delivered direct from the nursery to the grower in the original package.

Sec. 4. Whenever a nurseryman or any other person, shall ship, or deliver, within this state, except for scientific purposes, trees, shrubs, plants or vines, commonly known as nursery stock, not excepted in section 2 of this act, he shall place upon each car load, box, bale or other package, a copy of certificate provided for in section 2 of this act, and signed by the Chief Inspector, stating that the said stock is apparently free from dangerously injurious insect pests and plant diseases. The illegal use of said certificate, by changing, defacing, or placing it on uninspected stock, or lising the same after the date of expiration or revocation, shall render the owrcr or shipper liable to the penalties pre. scribed for a violation of this act.

SEC. 5. Every package of t:ces, shrubs, plants or vines shipped into this state from any other state, territory, country or province, shall be plainly labeled on the outside with the nar:cs of the consignor and consignee, and a certificate stating that the contents have been inspected or fumigated by a state or government officer, and that the trees, shrubs, plants or vines therein contained are apparently free from dar gerously injurious insect pests and plant diseases. If any trees, shrubs, plants or vines shall be shipped into this state without such certificate plainly affixed on the outside of the package, box or car containing the same, the facts must be reported within twenty-four hours to the Chief Inspector, or a regularly appointed assistant, by the railroad, express or steamboat company. or by any other rerson or persons carrying the same, and it shall be unlawful to deliver such property until it has been examined by a regularly appointed inspector, and by him certified to be apparently free from dangerously injurious insect rests and plant diseases. Any agent or common carrier, or persons carrying such property as aforesaid, who shall fail to give such notice as is hereby required, shall be deemed guilty of a violation of this act. When nursery stock is shipped into this state accompanied by a certificate, as herein provided, it shall be held as prima facie evidence of the facts therein stated, but the Chief Inspector, when he has reason to believe that any such stock is infested or infected, as hereinbefore described, is hereby authorized to cause the same to be examined. In case the same is found to be infested or infected by dangerously injurious insert pests or plant diseases, it shall be seized and the shipper shall be immediately notified, and after ten days from such seizure it may be declared a public nuisance and destroyed.

SEC, 6. Upon the petition of any freeholder or lessee within the State of Ohio, the Chief Inspector may carse to be examined any trees, shrubs, plants or vines, either on the premises of said petitioner, or in dangerous proximity thereto, as to the presence of dangerously injurious insect pests or plant diseases; and shall by himself, or through his assistants, have the right, within reasonable hours, to enter upon any premises in the prosecution of the duties defined in this act. If the examination discloses the presence of San Jose scale, peach yellows, black knot or any other dangerously injurious insect pests or plant diseases, the Chief Inspector shall notify the owner or lessee of the premises in writing of the facts by mailing such notice to his usual postoffice address. He shall also state the limit of time within which treatment must be applied by the owner or lessee, in accordance with the directions issued by the Ohio State Board of Agriculture, and specify such trees, shrubs, plants or vines as must be destroyed, also when they shall be declared a public nuisance, provided the aforesaid orders are not complied with. Should the owner fail to apply the treatment required in said notice in a satisfactory manner, and within the time specified, such treatment may be carried out under the direction of the Chief Inspector, and the entire cost of such treatment shall be certified to the county auditor of the county in which the property is located, and the same shall be

come a lien on the premises and shall be collected by the county treasurer as other taxes, and when collected shall be paid to the Ohio State Board of Agriculture. The owner of any premises as hereinbefore mentioned shall, in addition, be deemed guilty of a violation of this act, by reason of failure to comply with the requirements of said notice and shall be liable to the penalty provided.

Sec. 7. Whenever the Chief Inspector, or any duly appointed Assistant In. spector, shall order any trees, shrubs, plants or vines growing in this state, or any nursery stock that has been shipped in from outside the state, to be destroyed, and the owner shall fail, for ten days after notice of such order, to destroy the same, as directed by such order, such failure shall be deemed a demand on the part of the owner to have judicially determined the right to enforce such destruction, and shall act as a stay upon the proceedings until such judicial determination shall be had; and, in such case, the Chief Inspector, or any duly appointed Assistant Inspector, shall commence, without delay, an action in the Probate Court of the county in which the trees, shrubs, plants, or vines, or nursery stock are located, by filing an affidavit therein, setting forth that the trees, shrubs, plants, or vines, or nursery stock are infested or infected with dangerously injurious insect pests or plant diseases, a description of the premises whereon the same are located, the name of the owner or lessee of such premises, and of all persons having an interest in such premises or trees, shrubs, plants or vines, and, if the same are nursery stock, the name of the person, firm or corporation in whose possession the same are found, and that ten days have elapsed since orders have been made for the destruction of the same, and that such orders have not been obeyed. Upon such affidavit being filed the probate judge shall issue a summons for all persons named in such affidavit, which shall contain a copy of said affidavit, commanding them to appear at a time to be fixed therein, not exceeding five days from the date thereof, to answer such complaint; such summons shall be directed to, and served by, the sheriff of the county, and may be served by him in any county in this state, and shall be served and returned, as directed by said Probate Court. At the time fixed in such summons, if the jury be not waived, said court shall order a jury to be drawn, and such jury shall be drawn, summoned, and impaneled as in other civil cases, in Probate Courts, and the State of Ohio shall be plaintiff and the persons named in the affidavit shall be defendants, and no pleadings other than such affidavit shall be required, and the issue shall be whether said trees, shrubs, plants or vines, or nursery stock, are intested or infected with dangerously injurious insect pests or plant diseases, and all proceedings shall be had in the trial of such complaint, as are provided for the trial of civil cases, in Probate Courts. If the jury shall find that the orders for the destruction of the trees, shrubs, plants or vines, or nursery stock shall be obeyed, it shall return a verdict finding the issues with the plaintiff, but if it should fail to so find, it shall return a verdict finding the issues with the defendant, or defendants; and if the issues are found with the plaintiff, the court shall enter judgment against the defendant, or defendants, for costs, and cause execution to be issued therefor, and shall issue an order to the Chief Inspector, or Assistant Inspector, to enforce the orders by him made; but if the issues are found with the defendant, or defendants, the action shall be dismissed and the orders for destruction annulled, and the costs shall be ordered paid by the Ohio State Board of Agriculture, and paid by it out of any funds appropriated for carrying out this act. In the matter of taxing and apportioning costs, the court shall have the same equity powers as are now conferred upon courts of common pleas.

SEC. 8. Any owner or lessee who shall fail, neglect, or refuse to treat infested or infected trees, shrubs, plants or vines within the time, and in the man. ner, prescribed in said notice, and any person who shall be ordered to destroy any trees, shrubs, plants or vines, or nursery stock, and shani fail, neglect or refuse to destroy the same, as ordered, within ten days after the.Probate Court shall have issued its order to the Chief Inspector, or Assistant Inspector, to enforce the orders by him made, and any person who shall fail, neglect, or refuse to comply with, or obey, any order made pursuant to the provisions of this act, or who shall fail, neglect, or refuse to comply with any of the requirements or provisions hereof, or who shall violate or neglect to carry out, or offer any hindrance to the carrying out of any of the provisions of this act, shall be adjudged guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars or more than one hundred dollars for the first offense, and

not less than fifty dollars or more than three hundred dollars for any subse. quent offense, and the cost of prosecution, and stand committed until the same are paid. It shall be the duty of the prosecuting attorney of the county to conduct all prosecutions under this act, and all fines recovered shall be paid to the Ohio State Board of Agriculture. The Probate Court of each county in this state shall have original and final jurisdiction in all the prosecutions under any of the provisions of this act, and, for the trial of the same, such courts shall always be open regardless of the terms fixed in said courts for the trial of criminal cases, and the complainant shall not be required to give security for costs.

Sec. 9. The Ohio State Board of Agriculture shall make an annual report to the Governor of the state concerning the operations of the Division of Nursery and Orchard Inspection, which shall give the number of nurseries inspected, the number of certificates issued, the number of trees treated and destroyed by the direction of the Chief Inspector, and such other information as may be deemed necessary.

SEC. 10. Said act passed May 10, 1902, entitled "An act to amend an act passed April 14, 1900, entitled 'An act to prevent the introduction and spread of the San Jose scale and other dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits'” is hereby repealed; and that this act shall take effect and be in force from and after its passage.

LIST OF OHIO NURSERYMEN.

1904--1905.

Name and Address of Owner.

Name of Nursery.

County.

No. Cer-
tificate.

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Adkins, C. B., North Kenova, O.
Albaugh Nursery & Orchard Co., The, N. H. Albaugh, Prest., Phoneton, o...
Allen, M. W., 507 West Sixth St., Cincinnati, 0...........
Allen, W.A., R. R. 3, Geneva, O..
Almack & Lear, Coshocton, O......
Anderson, U.S. G., Huntington, W. Va...
Anneshausley, C. B., R. R. 5, Lancaster, O.
Armstrong, A. C., Elkton, O.....
Arnold, s. J., R. R. 2, Dayton, O.....
Ashford, J. C., East Carmel, O.....

............
Aultfather, H. H., Minerva, 0.....
Bailey, W. W., Yellow Springs, o...
Baird & Brady, Troy, 0..........
Baird, W. A., R. R. 3, Bucyrus, 0..
Baker, C. V., Stoutsville, O.........
Barber, S. A., Ryansville, 0........
Barker, J. H. & Son, R. F. D., Middleport, 0......
Barnes, A. & Sons, Mt. Healthy, O.....
Barnes, J.A., R. R. 2, Lisbon, O.....
Barnes, M. & Company, R. R. 3, Mt. Healthy, o...
Barnes, T.J. & Sons, R. R. 1, Sandusky, o....
Barr, L. M., R. R. 1, Dayton, O.....
Barton, R. A., Rocky Hill, O...
Basinger, John H., R. R. 2, Calla, o........
Bear, Mrs. J. C., R. R. 8, Dayton, o....
Bell, Simon & Son, R. R. 3, Junction City, O.....
Benner, J. H. & Sons, R. R. 3, Johnstown, O.....
Benson, A, R., New Carlisle, O.
Berk, Theo.. R. R.1, Dayton, O
Bernard, A. F., Painesville, O......
Bernard, F. F. Painesville, o......
Berry, P. D., R. R. 3, Dayton, O...
Bertolette, Glen, Columbiana, O.....
Betscher, George, Canal Dover, O.....
Binnig, F. W., R. R. 1, Painesville,
Birch, J. B., Carrollton, O.....
Black. R. J., Bremen, O......
Bodiker, W.E., R. R. 1, Osborn, O.....
Bohlender, Peter & Son, Phoneton, O.......
Boice, M. C., Kyger, 0....
Boley, J.T.R.R. 4, New Lexington, 0.

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Lawrence
Miami....

Hamilton....
Woodbine Nursery.......

Ashtabula......
Coshocton......
Lawrence......
Fairfield.......
Columbiana....

Montgomery...
Hope Fruit Farm..................

Columbiana.....
..................................
.................................

Stark..........
Bailey Nursery...:: .

Darke.........
Yellow Springs Fruit Farm......

Greene..

Miami...
Eureka Nursery............

Crawford ......
Wildwood Fruit Farm..........

Fairfield.......

Lawrence...... ...................................

Meigs.......... .................

Hamilton.....

Columbiana....
Barnes Nurseries...............

Hamilton......
Erie...........

Montgomery...
.........................

Jackson........

Mahoning......
Bear's Nursery and Fruit Farm....

Montgomery...
Monday Creek Stock and Produce Farm........

Perry..........
Mulberry Row Nursery.................

Licking........
Clark......

Montgomery...
Rosemont Nursery.........

Lake..........
Fairport Nursery........

Lake..........
Montgomery...
Columbiana....

Tuscarawas....
Dover Nursery............

Lake.....
.............................
.

Carroll.....
Carrollton Nursery.......

Fairfield.....
Black's Nurseries........

Miami....
Springhill Nursery.........

Miami...

Gallia .... | Perry.....

............................
............................

43
141
193

22
343
198
225

13
106
178
132
130
197
342
382
131
316
228
173
183
155
226

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Seneca.........
Clark..........
Meigs..........
Meigs..........
Lawrence....
Miami....
Logan.........
Lake.......
Auglaize....
Greene........
Morrow........
Sandusky......
Darke..:::::.
Champaign.....
Fairfield.......
Clark..........
Clark..........
Darke...
Washington....
Lake..........
Columbiana....
Belmont.......
Cuyahoga......
Greene........
Meigs..........
Lucas......
Morrow.....
Lake..........
Cuyahoga......
Darke.........
Porta ge......
Lake......

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Booth, O. E., Barnesville, O.......
Bork, Philip, R, F. D., Tiffin, O....
Botkin, S.C., R. R. 4, New Carlisle, O.

Bethel Fruit Farm.
Bowen, John D., Dexter, o.........
Bowles, Newton, Dexter, O.....
Bowman, D, C., R. R. 1, Sheridan, O.
Bowmaster, Frank, Tippecanoe City,
Brandt, L. M. & Son, Huntsville, 0........
Brewster, E. M., Perry, 0..................

. .
Brookhart, S.A., R. Ř. 3, Wapakoneta, o...

. ..................

Variety Fruit Farm.......
Brown Brothers, R. R. 2, Yellow Springs, O.
Brown, Charles C., R. F. D., Cardington, 0..

Farmers' Exchange......................

.........................
Brown, LeRoy N. & Co., R. R. 2, Clyde, o...
Buechly, E. M., Greenville, 0...........

Buechly Nursery ........
Bull & Sutton, St. Paris, O............

Champaign Nursery and Orchard Co....
Buren, Andrew V., North Berne, 0........
Burks, Ambrose, R. R. 1, Springfield, o....
Burks, s, L., R. R. 1, Springfield, 0....
Butts, Marcus, R. R. 4, Greenville, O...
Cain, James G., R. F. D., Marietta, 0....

.....................
Call. S. W., Perry, O.......

................ Campbell, Allen, Elkton, 0........

.................................... Cambpell, L. W., Barnesville, 0..............

'' : . .................
Carr, L. W., 3360 Detroit St., Cleveland, O........

Lakewood Nursery..............
Carr, M. L. & Sons, Yellow Springs, O..............
Carson, William & Sons, R. F. D., Middleport, O.....

Carson Nursery.......
Cartwright, I. D., 22 St. Clair Bldg, Toledo, O.....
Chalfant, J. W. & Son, R. R. 1, Centerburg, O....
Champion, H. J., Perry, 0.........

.................
Christensen, James, 2459 Detroit St., Cleveland, O.
Christian, S. B., R. R. 1, Bradford, O.......
Clark, Catherine W., Ravenna, O.

Brookside Farm..................
Cole, W. B., Painesville, O.....

The Avenue Nursery ......
Collier, J.A., R. R. 8, Springfield, O..
Columbus Nursery Co., The, E. W. Yantes, P

mbus. O
Cook, J. H. & Son, R. R. 1, Perry, 0...

................................
Cope, Eliphas, Rogers, O......

Rogers' Nursery...
Cope, H. D. & Sons, East Carmel, 0...

............

...............................
Cope, James, R. R. 1, Elkton, O...
Cowen, Ellsworth, Barnesville, 0....
Cowen, Robert, Barnesville, O.....
Cowen, Ross, Barnesville, 0.......
Cox, E. G., Rockwood, O.....

Ensee Nursery...............
Crawford, John H.. East Carmel.

........................

.................. ....................
Crawford, M. Co., The, R. R. 2, Cuyahoga Falls, 0.......

..................
Crow & Wolf, Fidelity, o...
Crow, Harry, R. R. 1, Dayton, O...
Davis, Russell, R. R. 1, Xenia, o....
Day, John, Fremont, 0,...

Fremont Nursery .........
Dewees, Thomas, R, R. 1, Barnesville,

......................................... Earhart, W. H., Lexington, O........

........................................ Eaton, L.D., Labelle, o...

....................................... Edgerton, W.D., R. R. 1, Barnesville. 0......

.................................. Elsea, C, R., Lithopolis, Ö......

.... i Chestnut'Ridge Nursery......

..

::::::::::::

Clark....

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Franklin.......
Lake..........
Columbiana....
Columbiana....
Columbiana....
Belmont.......
Belmont.....
Belmont.....
Lawrence.....
Columbiana....
Summit........
Miami.........
Montgomery...
Greene........
Seneca.........
Belmont.....
Richland.......
Lawrence......
Belmont.....
Fairfield.....

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