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 inspector may direct. No damages shall be awarded to the owner for the loss of infested or infected trees, plants, shrubs or other plant material under this act.

(2) In case the owner or person in charge of such premises shall refuse or neglect to carry out the orders of the Inspector within ten days after receiving written notice, the Inspector may proceed to treat or destroy the infested or infected plants or plant material. The expense thereof shall be assessed, collected and enforced 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.

Inspection of Foreign Nursery Stock Shipped into State.

Section 13. Persons desiring to sell or ship nursery stock shall make application in writing, before June 1st of each year, to the Board of inspection of their stock. Persons requesting such inspection shall be liable for all necessary traveling expenses of the Inspector in making such inspections.

Inspection of Foreign Nursery Story Shipped into State.

Section 14. Every person receiving, directly or indirectly, any nursery stock from foreign countries shall notify the State Inspector of the arrival of such shipment, the contents thereof and the name of the consignor; and shall hold such shipment unopened until duly inspected or released by the Inspector or his deputy. In case any infested or infected stock is discovered in such shipment, the shipment shall be subject to the provisions of this Act.

Inspection Certificate.

Section 15. (1) The Board shall cause to be issued to owners of any nursery in the state, after the stock has been officially inspected, as perviously provided, and found to be apparently free from injurious insects or plant diseases, a certificate setting forth the fact of such inspection and the number.

of acres or fraction thereof inspected. Said certificate shall be valid not to exceed one year from October 1.

2. It shall be unlawful for any person to sell, to offer for sale or to remove or ship from a nursery or other premises, any nursery stock unless such stock has been officially inspected and a certificate or permit has been granted by the Board.

Dealer's Certificate.

Section 16. All dealers within the meaning of this Act, located within the state engaged in selling nursery stock within this state, shall secure a dealer's certificate by furnishing a sworn affidavit, and shall furnish a bond for one thousand dollars with security to be approved by the Board, that he will buy and sell only stock which has been duly inspected and certified by an official State Inspector; and that he will maintain with. the Board a list of all sources from which he secures his stock. Certificate to Foreign Dealers or Nurserymen.

Section 1. Nurserymen, dealers, or other persons residing or doing business outside of the state, desiring to solicit orders for nursery stock in the state, upon filing a certified copy of their original state certificate with the Board of this state, and upon furnishing a bond of one thousand dollars with security to be approved by the Board, shall obtain a certificate. permitting such persons to solicit orders for nursery stock in this state.

Agent's Certificate.

Section 18. All agents within the meaning of this Act selling nursery stock or soliciting orders for nursery stock for any nurseryman or dealer located within the state or outside the state, shall be required to carry an agent's certificate bearing a copy of the certificate held by the principal. Said agent's certificate shall be issued only by the State Board to agent's authorized by their principal or upon request of their principal. Names and addresses of such agents shall not be divulged by the Inspector or by the Board.

Revocation of Certificates.

Section 19. The Board shall at any time have the power to revoke any certificate for sufficient cause, including any violation of this act or non-conformity with any rule or regulation promulgated under this Act.

False Statements-Order Forms-Contracts.

Section 20. (1) It shall be unlawful for any person to wilfully misrepresent to any other person the grade, character, variety, or quality of stock in a nursery, or of stock offered for sale by any nurseryman, dealer or agent, or to make false declaration of acreage or to cause any concealment of stock from inspection.

(2). Every person selling nursery stock in the state shall if requested, furnish the Board with copies of his order forms, contracts and agreements with his customers, which are furnished for the use of agents or customers, or both.

Tags.

Section 21. Every person who shall engage in the selling and shipping of nursery stock in the state is hereby required to attach on the outside of each package, box, bale or carload lot so shipped or otherwise delivered, a tag, or poster on which shall appear an exact copy of his valid certificate. The use of tags or posters bearing an invalid or altered certificate, and the misuse of any valid certificate tag, is hereby prohibited.

Packages for Shipment Must Show Inspection.

Section 22. It shall be unlawful for any person to accept for shipment any nursery stock without a valid certificate plainly affixed on the outside of the package, bale, box or car containing the same, showing that the contents have been duly inspected by an official State or Federal inspector. In case any nursery stock is shipped in this state, or into this state from another state, country, or province, without aforesaid valid certificate plainly affixed the fact must be promptly reported to the State Board by the person carrying the same, stating the consignor and the consignee and the nature of the shipment.

Hearings Before Board.

Section 23. (1)

Any person in interest or affected by any order of the state inspector may appeal therefrom to the Board within five days of the service of such order upon his setting forth in writing specifically and in full detail the order on which a hearing is desired, and every reason why such order is deemed to be unreasonable.

(2) On receipt of such appeal the Board shall, with reasonable promptness, order a hearing thereon and consider and determine the matters in question. Notice of the time

and place of hearing shall be given to the petitioner and to such other persons as the Board may direct. Such appeal shall not suspend the operation of the order appealed from, unless so ordered by said board. All hearings of the Board shall be open to the public.

Penalties.

Section 24.

or any rule or

Any person violating any section of this act regulation promulgated under this Act, shall be guilty of a misdemeanor and, on conviction thereof shall be fined in a sum not less than $25.00, nor more than $500.00 for each offense.

County Attorney to Prosecute.

Section 25. It shall be the duty of each County Attorney to whom the state inspector or his deputy shall present satisfactory evidence of violations of any provisions of this Act, to prosecute without delay such violations in the proper court.

Repeal.

Section 26. Chapter 103 of the Session Laws of 1913 is hereby repealed.

Emergency.

Section 27. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is 'hereby declared, to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Approved March 31, 1915.

CHAPTER 280.

JUSTICE OF THE Peace-Clerk IN CITIES OF FIRST CLASS.

(HOUSE BILL No. 430.)

AN ACT creating office of justice of the cities of the first class and fixing and defining the power and duties of such clerk and providing for the appointment, oath of office, and bond of such clerk.

Be It Enacted By the People of the State of Oklahoma:

Appointment-Compensation.

Section 1. There is hereby created the office of the clerk of the Court of Justice of the Peace in all cities of the first class of this State, and each justice of the peace in such cities of the first class have the right to appoint a clerk for his said court, and the appointee of such justice shall hold such position during the pleasure of the Justice, but such clerk shall

receive no compensation from the State or the county, but shall receive such compensation as shall be agreed upon between the appointee and the justice to be paid by the justice out of fees earned by him.

Powers of Clerk.

Section 2. Said clerk shall have the power to administer oaths and shall have power to issue processes of all kinds and approve bonds in the same manner and to the same extent as the justice himself has now, or shall hereafter have.

Actions Filed With Clerk.

Section 3. All actions and proceedings over which a justice. of the peace has jurisdiction may be filed with said clerk with the same effect as if filed with the justice himself.

Bond-Certificate of Appointment.

Section 4. The appointment of said clerk by the justice of the peace shall be in writing, signed by him and shall be filed with the County Clerk, and said clerk shall take and subscribe to the same oath of office as all other public officials · are required to take and subscribe to, and said oath of office shall be filed in the office of the County Clerk, and said clerk shall execute a bond in the sum of five hundred dollars ($500.00) with one or more sufficient sureties, to be approved by the Board of County Commissioners, and which bond shall be for the faithful performance and discharge of duties of clerk and any one that may be injured by any of the official acts and conduct of said clerk may bring an action on said bond in his or her own name.

Approved March 30, 1915.

CHAPTER 281.

SCHOOLS-BUSINESS COLLeges-Bond.

(HOUSE BILL No. 403.)

AN ACT providing that new business colleges seeking locations in Oklahoma shall make bond to guarantee that said colleges will remain in business until those who have purchased scholarships will be enabled to complete the course or courses for which scholarships have been purchased.

Be It Enacted By the People of the State of Oklahoma:

Bond for Completion of Contract.

Section 1. Any person, firm, association or corporation having established or proposing to establish a business college