« ForrigeFortsett »
§ 10. All agents within the meaning of this Act selling nursery stock or soliciting orders for nursery stock for any nursery man or dealer located within the State or outside the State, shall be required to secure and carry a dealer's certificate bearing a copy of the certificate held by the principal. Said agent’s certificate shall be issued only by the Department of Agriculture to agents authorized by their principal or upon request of their principal [...] every [Every] such agent or solicitor shall, before soliciting orders for nursery stock, furnish an affidavit to the Department of Agriculture that he will solicit orders only for the stock which has been duly inspected in accordance with the provisions of this Act. § 11. If it shall be found at any time that a certificate of inspection issued or accepted pursuant to the provisions of this Act is being used in connection with plants or plant products which are infested or infected with insect pests or diseases, or is being used in connection with plants or other property which have not been inspected and certified as aforesaid, its further use may be prohibited, subject to such inspection and other disposition of the plants and plant products involved as may be provided for by the Department of Agriculture. § 12. It shall be unlawful for any person to bring or cause to be brought into this State any nursery stock unless there is plainly and legibly marked thereon or affixed thereto, or on or to the car or other vehicle carrying, or on the bundle, package, or other container of, the same, in a conspicuous place, a statement or a tag or other device showing the names and addresses of the consignors or shippers and the consignees or persons to whom shipped, the general nature of the contents, and the name of the locality where grown, together with a certificate of inspection of the proper official of the state, territory, district, or country from which it was brought or shipped, showing that such plant or plant product was found or believed to be free from insect pests and diseases. § 13. Every person who shall engage in the selling or shipping of nursery stock in this State is hereby required to attach to the outside of each package, box, bale or car-load shipped or otherwise delivered, a tag or poster on which shall appear an exact copy of his valid certificate. In case any nursery stock is shipped in this State or into this State from another state, country, or province without a valid certificate plainly affixed as aforesaid, the fact must be promptly reported to the Department of Agriculture by the person carrying the same, together with the names of the consignor and consignee and the nature of the shipment. Any person receiving nursery stock brought into this State from outside this State without a valid certificate approved by the Department of Agriculture affixed as aforesaid, shall at once notify the Department of Agriculture of the fact, and shall not allow such nursery stock to leave his posession until it has been inspected or released by the Department of Agriculture, and the expenses of such inspection shall be paid by the consignee before the said nursery stock is certified or released. § 14. It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment within this State any nursery stock unless such nursery stock has been officially inspected and a certificate issued by the Department of Agriculture stating that said nursery stock has been inspected and found free from insect pests and diseases. It shall, however, be the privilege of a nurseryman holding a valid certificate covering nursery stock grown by him to ship under said certificate nursery stock grown for him elsewhere or purchased by him from other states or countries, provided that all such nursery stock is received under an official certificate acceptable to the Department of Agriculture stating that it has been inspected where grown and found to be apparently free from insect pests and diseases. The Department of Agriculture shall send once each year not later than July 1, to all nurserymen in the State known to it a list of the official inspectors of other states and foreign countries whose inspection certificates may be accepted in this State for one year from the date thereof as equivalent to its own certificate. § 15. All gardeners, horticulturists, nurserymen or other growers of or dealers in plants of any kind upon their own lands or upon lands or premises leased by them and all public authorities having jurisdiction over highways, streets, parks and public places, on which plants, shrubs, trees, vines, cuttings, scions, stocks, or other plant parts are grown, cultivated, or brought in by them, shall keep the same free from insect pests and diseases which are liable to spread to other plants or places and all plants, shrubs or trees or places so infested or infected are hereby declared to be a nuisance. § 16. If the Department of Agriculture shall have reason to suppose that any property or place in this State is infested or infected by insect pests or diseases, it shall have power to inspect or to cause to be inspected from time to time such property or place, and if it shall find by inspection as aforesaid that any person is maintaining a nuisance, as described in section 15 of this Act, the Department of Agriculture shall give written notice of the facts to the owner or other person in possession or control of the place where found, which said notice shall contain a description of methods by which, and specify a time within which, said nuisance should be abated, and such owner or other person shall proceed to control, eradicate, or prevent the dissemination of, such insect pest or disease within the time and in the manner described by said notice, and shall remove, cut or destroy infested and infected plants and plant products, or things and substances used or connected therewith, if the same are incapable of effective treatment. Whenever such owner or other person can not be found, or shall fail, neglect, or refuse to obey the requirements of said notice, such requirements shall be carried out by the Department of Agriculture if, in the judgment of the department, it is practicable for them so to do, and the Department of Agriculture shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred, in the same manner as liens are had and enforced against buildings and lots, wharves and piers, for labor and materials furnished by virtue of contract with the owner. § 17 Any municipality, park board, or other board or person in control of public grounds may apply to the Department of Agriculture for an inspection of the same with reference to the presence of insect pests or diseases, agreeing in the application to pay in full the expenses of the inspection; and upon receipt of such application and agreement, or as soon thereafter as may be conveniently practicable, the Department of Agriculture may comply with such request, and upon receipt of the expenses of the inspection it shall send to the applicant a statement as to the facts disclosed.
§ 18. Any owner of florist's stock or other herbaceous plants which he wishes to ship into another state or country, may apply to the Department of Agriculture for an inspection of the same with reference to the presence of insect pests or diseases liable to prevent the acceptance of such plants in such state or country, agreeing in his application to pay in full the expenses of the inspection, and upon receipt of such application and agreement, or as soon thereafter as may be conveniently practicable, the Department of Agriculture may comply with such request, and upon receipt of the expenses of the inspection it shall issue to the applicant a certificate to the facts disclosed.
§ 19. Whenever the Department of Agriculture shall find that there exists outside of this State any insect pest or disease, and that in order to safeguard plants and plant products in this State, its introduction into this State should be prevented, the Department of Agriculture shall give public notice thereof, specifying the plants and plant products infested or infected, or likely to become infested or infected therewith, and the movement of such plants or plant products into this State from the infested or infected locality designated in said public notice shall thereafter be prohibited until the Department of Agriculture shall find that the danger of the introduction into this State of such insect pests or diseases from such locality has ceased to exit, [exist] of which the Department of Agriculture shall give public notice.
§ 20. Whenever the Department of Agriculture shall find that there exists in this State, or any part thereof, any insect pest or disease, and that its dissemination should be controlled or prevented, the Department of Agriculture shall give public notice thereof, specifying the plant and plant products infested or infected, or likely to become infested or infected therewith, and the movement, planting or other use of any such plant or plant product, or other thing or substance specified in such notice as likely to carry and disseminate such insect pest or disease, except under such conditions as shall be prescribed by the Department of Agriculture as to inspection, treatment and disposition, shall be prohibited within such area as shall be designated in said public notice until the Department of Agriculture shall find that the danger of dissemination of such insect pest or disease has ceased to exit, [exist] of which the Department of Agriculture shall give public notice. Provided, however, that before the Department of Agriculture shall promulgate the order of quarantine, as provided in this section, the Department of Agriculture shall, after due notice to the interested parties, give a public hearing under such rules and regulations as the department shall prescribe, at which hearing any interested person may appear and be heard, either in person or by attorney.
- § 31. If the Department of Agriculture shall find, at any time, in -- any county, township, or other geographical district, fields, crops or any -> Property or place so infested by insect pests, or infected with plant diseases as to threaten increasing or serious injury to farm crops or other Property, which injury might, in the judgment of the Department of Agriculture be restrained by reasonable measures of arrest and prevention, it shall require of all persons owning, leasing, managing, or its occupying property infested by such insect pests, or infected by such - diseases. Within said district, that they shall take such measures of arrest , and Prevention as are prescribed by the Department of Agriculture for the Protection of the property of others against injury; and it shall be to the duty of every person so notified and instructed to perform the acts required of him by the instructions of the Department of Agriculture. § 22. Any person affected by any rule or regulation made or notice given, pursuant to this Act, may have a review thereof by the Department of Agriculture for the purpose of having such rule, regulation or notice modified, suspended, or withdrawn. Such review shall be allowed and considered and the costs thereof fixed, assessed, collected or paid in such manner and in accordance with such rules and regulations as may be prescribed by the Department of Agriculture. § 23. Any person who shall violate the provisions of this Act with reference to the sale, shipment, delivery, receipt, labeling, transportation, Or treatment of nursery stock, plants, plant products, or other property; Or who shall fail to report the receipt of uncertified nursery stock as Touired in section 13 of this Act; or who shall forge, counterfeit, deface, alter, destroy, or wrongfully use any certificate provided for in this Act; Or who shall use, plant, or remove, without permission of the Department of Agriculture, infested or infected property concerning whose condition he has received official notice; or who shall maintain a nuisance as described in this Act, after notice by the Department of Agriculture; or who shall fail or neglect to take such reasonable measures for the arrest and prevention of injury by insect pests and diseases as are required of him by the Department of Agriculture under section 21 of this Act; or who shall offer any hindrance or resistance to the carrying out of this Act; shall be adjudged guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars or more than a so hundred dollars for each and every offense, together with all costs of proso I cedure. It shall be the duty of the Department of Agriculture to furnish go to the State's Attorney of the county in which an offense is committed, ...to Or to the Attorney General of the State, all information in its possession
o (oncerning violations of this Act, and the officer so notified shall proseo Cute such violations of this Act, and the amounts so received shall be o paid into the treasury of the State.
o $ 24. In construing and enforcing the provisions of this Act, the
As Act, Omission or failure of any official, agent or other person acting for o or employed by any association, partnership or corporation, within the à Duo"
|so scope of his employment or office, shall, in every case, also be deemed 13 o the act, omission or failure of such association, partnership or corporation, as well as that of the person.
§ 25. This Act shall not be so construed or enforced as to conflict in any way with any Act of Congress regulating the movement of plants or plant products in interstate or foreign commerce. § 26. If any section or part of a section of this Act shall, for any cause, be held unconstitutional, such fact shall not affect the remainder of this Act. - - § 27. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. § 28. Whereas an emergency exists, this Act shall take effect from and after its passage; and whereas the Act establishing the Department of Agriculture does not take effect until July 1, the duties of the Department of Agriculture under this Act shall be performed, so far as necessary, by the State Entomologist, until July 1, 1917. FILED June 29, 1917. This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law.
Witness my hand this twenty-ninth day of June. A. D. 1917.
ANIMALS AND BIRDS.
PROTECTING OWNER OF LICENSED STALLION OF JACK.
§ 1. Lien on mare or jennet or pro- § 6. Proceedings as in other suits—
#". for service fee—precedence judginent.
§ 7. When defendant not found—pro
§ 2. Claim for lien to be filed with re- ceedings.
corder of deeds—duration of
lien. § 8. Judgment—execution. § 3. Duty of recorder of deeds. § 9. Finding of court—form of verdict
—costs. § 4. Copy of claim for lien to be received as evidence in foreclosure § 10. Proceedings to satisfy lien.
proceedings. § 11. Redemption. § 5. Suits to foreclose—summons.
(SENATE BILL No. 412. APPROVED JUNE 21, 1917.)
AN ACT to protect the owner of any licensed stallion or jack kept for public service and to subject the mare or jennet or progeny of such animal, or both, to a lien for the service fee of such stallion or jack. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every owner of any licensed stallion or jack kept for public service, who, at the request of the owner of any mare or jennet, or his authorized agent, shall cause such mare or jennet to be served by his stallion or jack, shall have a lien on the mare or jennet served and first lien upon the progeny of such mare or jennet for the service fee of such stallion or jack and each lien conferred by this Act shall take precedence of all other liens or claims thereon not duly recorded prior to recording claim of lien as hereinafter provided. § 2. Any owner of a licensed stallion or jack desiring to secure the benefits of this Act, shall within six (6) months after any mare or jennet has been served by his stallion or jack, file with the recorder of deeds in the county in which such mare or jennet is, a claim for lien in writing and under oath, setting forth therein his intention to claim a