cur any expense in the discharge of his duties in excess of said estimate furnished herein by said board. The aggregate sum of all the estimates furnished to the various inspectors for any one year must in no case, exceed the amount available for carrying out this act for such year.

SEC. 5. Each inspector so appointed shall receive as compensation for the services as such inspector the sum of five dollars per day for each day actually and necessarily employed in the discharge of his duties as prescribed in this act. Such compensation shall be paid out of the general fund of the State upon warrants duly drawn by the State Auditor only after the bills presented for such services shall have been audited and approved by the secretary and a majority of said board and audited as other bills against the State of Idaho.

SEC. 6. It shall be the duty of said inspectors, or the State Inspector, either on their own motion or upon the complaint of interested parties, to enter and make or cause to be made, inspection of any field, rights of way of any irrigation canals or railways, public highways fields, orchards, nurseries, fruit packing houses, store rooms, salesrooms, depots, or other places where fruits are grown or stored, and of fruits, trees, plants, vines, shrubs or other articles within the State supposed to be, or liable to be, infested with pests, or with their eggs, or larvae, or infested with any contagious disease injurious to fruits, plants, trees, shrubs, vines, as hereinafter, provided. If upon any inspection there be found any disease or pests, eggs or larvae, of any pests injurious to fruits, plants,. trees, shrubs, or vines, the inspector shall notify the owner or owners, or the person or persons in charge, or in possession of said places, fields, orchards, nurseries, trees, plants, shrubs, vines, fruits or other articles, as aforesaid: The inspector shall require such person or persons, to eradicate or destroy said injurious pests or insects or their eggs or larvae, within a reasonable time to be specified. Said notice shall be served in person or in writing on said person or persons, or either of them, owning or having in charge such infested places, rights of way, fields, orchards, nurseries, trees, shrubs, vines, plants, fruits, or other articles as visited by the inspector, or it may be served in the same manner as the summons in a civil action. If the owner, or owners, or the person or persons in charge or

in possession of any highway, rights of way, of canal or railways, fields, orchards, or nurseries or trees or plants or other articles infested with any insect or their eegs or larvae or any disease injurious to any trees, fruits, vines, shrubs, plants, or any other articles infested, after having been notified as above to eradicate and destroy the same, shall fail, neglect, or refuse so to do, then any and all such places, public highways, rights of way, fields, orchards, nurseries, trees, plants, vines, fruit or other articles thus infested are adjudged and declared to be a public nuisance and shall be proceeded against as such, and whenever any such nuisance shall exist at any place in the State or on the property of any non-resident, or on any highway, rights of way, or field as aforesaid, or on any property the owner or owners of which can not be found within the State, or on any property where notice has been served as aforesaid: and where the owner or those in possession shall refuse or neglect to abate such nuisance within the time specified, it shall be the duty of the district inspector within the county wherein the nuisance is to be abated, or State Inspector, or either of them and he is hereby empowered to cause said nuisance to be abated at once by eradicating or destroying all said pests or their eggs or larvae or by disinfecting or destroying all fruits, trees, vines, plants, shrubs, pits, scions or other articles upon which said fungus diseases or pests or their eggs or larvae may be found. The expense of such proceedings shall be paid out of the general fund of the State in the same manner as above set forth for paying said inspectors. All sums so paid shall be collected from the parties owning said real estate on which said nuisance was situated, by civil suit in the name of the board herein created, and it shall be the duty of the county attorney of the county in which said real estate is situated to bring said suit and said sum when collected shall be paid into the State Treasury.

SEC. 7. The inspectors are hereby vested with all the necessary authority to enforce quarantine against any infested fields, lots, rights of way, orchards, nurseries, trees, plants, buds, scions, or any other place or articles within the State when the same may be liable to spread contagious diseases injurious to fruits or trees, or fruit crops

of any kind, and to provide necessary rules and regulations to govern the same.

SEC. 8. No person, firm or corporation shall hereafter engage in or continue in the business of importing and selling within the State any fruit trees, forest trees, vines, plants, shrubs, scions, pits or other nursery stock without first making an application therefor to the State Board of Horticultural Inspection which said application in writing shall be accompanied with a good and satisfactory bond in the sum of one thousand dollars to be approved by the State Board of Horticultural Inspection conditioned for the faithful observance of all of the provisions of this act and of the laws of the State of Idaho by said applicant or applicants and their agents and representatives. As soon as said application is received and said bond approved, it shall be the duty of said Board of Horticultural Inspection to issue a certificate to such applicant or applicants, showing compliance upon the part of the said applicant or applicants with the provisions of this section, and thereafter the said applicant or applicants shall be authorized and permitted to carry on said business within the State of Idaho.

SEC. 9. No person, firm or corporation after importing into the State any fruit trees, forest trees, vines, plants, shrubs, scions, pits or other nursery stock, shall sell or offer for sale or dispose of the same without first thoroughly fumigating the same with hydro-cyanic gas, unless said fruit trees, forest trees, vines, plants, shrubs, scions, pits or other nursery stock be accompanied by a certificate from a competent person duly authorized by law in the State, Territory or district wherein said stock was grown showing that the said stock had been properly fumigated, or disinfected by hydro-cyanic gas before being shipped.

SEC. 10. Any person, persons, firms or corporations, his or their agents, who shall bring or import into the State fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock with intent to sell or dispose of the same, without first making application to the State Board of Horticultural Inspection filing the necessary bonds and securing, the certificate provided for in Section 8 of this act, or who, having imported said fruit trees, forest trees, vines, plants, shrubs, scions, pits or other nursery stock into the State with intent to sell or dispose of the

same, or any part thereof, without first notifying the State Horticultural Inspector or the deputy district inspector thereof, or having said fruit trees, forest trees, vines, plants, shrubs, scions, pits or other nursery stock fumigated, as provided in Section 9 of this act, or where found infested shall fail or refuse to destroy or disinfect the same, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided by Section 14 of this act.

SEC. 11. All peach, nectarine, apricot, plum prune, almond or other trees budded or grafted on peach stock or roots; all peach or other pits, cuttings, buds or scions, raised or grown in a district where "peach yellows" or "peach rosette" is known to exist, are hereby prohibited from being offered for sale, gift, distribution, transportation or planting within the State of Idaho. Any person or persons, dealers, supplies, transportation companies, or their agents, who shall be in the possession of any such property for any purpose, shall, when required by the inspector burn the same without delay.

SEC. 12. Fruit of any kind, trees, plants, shrubs, cuttings, grafts, buds, seeds, scions, pits or other articles of any kind grown in any foreign country or in any of the United States, or Territories, infested by any insect or insects, or their eggs or larvae, or by any fungus diseases or their germs known to be injurious to fruit or fruit trees, or other trees, plants, vines, shrubs, or other articles liable to spread contagion, are hereby prohibited from being offered for sale, gift, distribution, transportation or planting in any county in this State, unless the same shall have been examined by the State Inspector or his deputy for such district and if found diseased, or infested, shall have been thoroughly disinfected in such manner as may be required by the inspector, the owner to pay the expense of such disinfection.

SEC. 13. Any person or persons shipping fruit trees or trees of any kind, shrubs, vines, scions, cuttings or plants within the State shall affix to each package, bundle, or parcel containing the same a distinct mark, stamp or label, showing the name of the shipper or grower, the locality where grown, and the variety of said trees, shrubs, vines, grafts, scions, cuttings, plants or buds; also any person or persons or corporation, his or their agents selling or offer

ing for sale, fruit of any kind, shall affix to each package a distinct mark or label showing the kind and quality of the same, the name of the grower or shipper, and the locality where grown.

SEC. 14. Any person, persons, dealers or shippers having in their possession any fruits, trees, vines, shrubs, plants, cuttings, grafts, buds, seeds, pits, scions or other articles infested with any injurious insects or their germs, or with any fungus or other diseases injurious to fruit or fruit trees, shrubs, or to other trees or plants, or who shall sell or offer for sale, gift, distribution, transportation or planting, or who shall refuse to destroy or disinfect (as provided in this act or as ordered by the State Inspector or by the deputy inspector in his district) the said fruit or trees, shrubs, vines, plants, cuttings, grafts, pits, scions or other articles, or who shall refuse or neglect to attach a distinct mark or label as hereinbefore provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five or more than three hundred dollars. All sums so collected shall be paid into the State Treasury.

SEC. 15. Each inspector shall make a detail report of all his official acts, to the secretary of said board on the first day of every month, which report shall be made under oath and shall include a statement of the number of days actually and necessarily employed and miles traveled as such inspector during said month, and a detailed statement of the amount due him or to other persons, for services or expenses incurred in carrying out the provisions of this act. The secretary of said board shall audit all such bills and shall submit them by mail to each member of said board for approval and signature. If approved by a majority of said board, said bills shall be transmitted to the State Auditor, and they shall be audited and paid as other claims against the State.

SEC. 16. The members of the State Board of Horticul tural Inspection shall serve without compensation, but shall receive actual expenses incurred in attending meetings of the board.

SEC. 17. All county officers shall be liable on their official bond for the proper performance of any duties imposed by this act.

SEC. 18. Neglect or refusal to comply with the orders