be in the active discharge of his duties outside of said office; provided, that the necessary office expenses shall be paid from the funds hereinafter appropriated as other expenses are paid. Sec. 8. Gifts for promotion of horticulture. The State Treasurer is hereby authorized to receive gifts, donations, or bequests of money or property for the promotion of the horticultural interests of Utah, and to disburse the same upon the warrants of the State Auditor, which said warrants shall be drawn only upon order of the majority of said Board of Horticultural Commissioners, and for the purpose named in this title. Sec. 9. Board to enforce quarantine. The State Board of Horticulture is hereby vested with all necessary authority to enforce quarantine against any infested fields, lots, orchards, nurseries, trees, plants, shrubs, vines, buds or scions, fruits or any place or article within the State when the same may be liable to spread contagious diseases injurious to fruit or trees, or fruit crops of any kind, and to provide necessary rules and regulations to govern the same. Sec. 10. Regulations for quarantining and disinfection. For the purpose of preventing the introduction into the State or spread of contagious diseases, insect pests, or fungus growth among fruit, shade and ornamental trees, and for the prevention, treatment, cure and extirpation of fruit and tree pests and diseases of fruit and fruit, shade and ornamental trees, and for the disinfection of grafts, scions, orchards debris, fruit boxes, and packages, and other material or transportable articles harboring or containing infectious diseases or insect pests dangerous to orchards, fruit or trees of any kind, said Board shall make regulations for the quarantining and disinfection thereof; which said regulations shall be circulated by the board, in printed form among the fruit growers, fruit dealers and nurserymen of the State, by publishing the same at least four successive times in some newspaper having a general circulation in the State; and by posting copies thereof in three conspicuous places in each county, one of which shall be at the county court house. Such regulations, when so circulated and promulgated, shall be held to impart notice of their contents to all persons within the State and shall be binding upon them. A willful violation or violation by neglect of any quarantine or other regulation of said Board, necessary to prevent the spread and introduction into the State of fruit or tree diseases or insect pests, or the shipment, sale or distribution of any article so infected, as to be dangerous to the fruit growing interests of the State, or the spread of dangerous diseases among trees or orchards, shall be deemed a misde meanor. Sec. 11. Bulletins to be issued. For the purpose of disseminating knowledge concerning contagious diseases or injurious pests affecting do trees, plants, vines or fruit, and the remedies, preventives, and disinfectants applicable thereto, the Board shall from time to time, as it may deem necessary, have bulletins printed containing such information, remedies, preventives and disinfectants as it may approve, together with the rules and regulations formulated by it in accordance with section 10 of this act; which bulletins shall be circulated among the fruit growers, fruit dealers, shippers, transportation companies of horticultural products and their agents within the State. Sec. 12. County Horticultural Inspectors. Qualifications. Term. Duties. Compensation. Within thirty days after this law goes into effect, the Board of County Commissioners of the several counties shall appoint one county horticultural inspector and as many deputies as deemed necessary to carry out the provisions of this act, said inspectors and their deputies shall be competent, experienced and practical horticulturalists. Such inspectors shall hold office for a term of two years, and until their successors are appointed and qualified, unless sooner removed for cause. They shall qualify by taking and subscribing the constitutional oath, which shall be filed with the County Clerk; said inspectors shall be paid out of the county treasury for the. time and services actually rendered, at such rate per day as the Board of County Commissioners shall fix, not to exceed $3.00 per day for inspectors, and $2.00 for deputies with reasonable transportation expenses. The county inspector or inspectors shall carry out the provisions of this act, and the regulations of the State Board of Horticulture, and perform such other labors as the county commissioners may direct for the extirpation of fruit and other pests and diseases. Provided, that it shall not be lawful to spray with any arsenical or other poisonous material any tree or shrub when the same is in bloom; provided further, that in the event of any county inspector failing or refusing to properly perform his duties, nothing in this act shall be construed to prevent the member of the State Board of Horticulture for the district in which said county inspector may be derelict, from enforcing in said county the provisions of this act and the rules and regulations of the State Board of Horticulture. Sec. 13. Orchards, etc., to be inspected and disinfected. Penalty. The County Fruit Tree Inspector or his deputies in each county shall make an inspection of every orchard, nursery, vineyard and fruit packing or cold storage house, store-room or salesroom, warehouse, or any other place or article connected with horticulture within their jurisdiction, at least once every year and as much oftener as may be deemed necessary for the protection of the fruit interests of the county, and if found infected with pests or diseases injurious to fruit or fruit trees, vines, shrubs, plants, ornamental or shade trees, they shall notify the owner, or owners, person or persons, in charge or possession of the fruit, trees, vines, shrubs, or places or articles as aforesaid, that the same or any of them are infected with disease, insects or their eggs or larvae and they shall require such persons to remove or disinfect the same and make application of such treatment for the purpose of destroying them, as prescribed by the State Board of Horticulture, within a certain time to be specified in said notice, said notice may be served upon the person, or persons, owning or having charge of such infected trees, fruits, or places or articles aforesaid, by any inspector, or they may be served the same as a summons in a civil action. If the owner, or owners, person or persons, in charge or possession of orchards or nursery trees, ornamental or shade trees, fruits, places, or articles infected with said diseases, insects, or any of them, their larvae or eggs, after having been notified as above by said inspector, to destroy the same or make application of treatment, as directed, shall fail, neglect or refuse so to do, they shall be deemed guilty of maintaining a public nuisance and shall be punished by fine, not less than five nor more than one hundred dollars, and any such orchards, nurseries, trees or places or articles thus infected shall be adjudged and the same is hereby declared a public nuisance, and shall be proceeded against as such. It shall be the duty of the county inspector in whose county said nuisance shall exist, to cause such nuisance to be abated at once by eradicating or destroying said disease, insects or pests, or their larvae or eggs, by treating or disinfecting the infected or diseased trees, plants, places or articles as aforesaid, and the cost thereof shall be assessed against the owner or owners, person or persons, in charge of said proporty or premises; and if not paid within ten days from demand, the said expense shall become a county charge, and the Board of County Commissioners shall allow and pay the same out of the general fund of the county. Any and all sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated in pursuance of this act.and may be recovered by an action against the owner or owners of such property or premises. Provided, that all formulas for disinfection or eradication of said diseases or insect pests shall be as prescribed by the State Board of Horticulture, but the time and place of application shall be left to the discretion of the county inspectors. Sec. 14. Extirpation of non-curable tree diseases. For the extirpation of serious non-curable tree diseases, such as pear blight, crown gall, peach yellows, peach rosette, upon discovery of said diseases the county fruit tree inspector shall notify the owner or owners, person or persons in charge or possession of said trees or shrubs, of such fact, and shall require such persons to extirpate the said diseases by destroying the affected trees or shrubs by burning, within a certain time to be specified in said notice, said notice to be served upon the person, or persons, owning or having charge of such infected trees, as aforesaid, by any inspector, or they may be served the same as a summons in a civil action. If the owner, or owners, person or persons, in charge or possession of said trees, or shrubs, after having been notified as above by said inspector, to destroy the same as directed shall fail, neglect or refuse so to do, they shall be deemed guilty of maintaining a public nuisance and the case shall be reported to the county attorney, who shall file a complaint and it shall be speedily adjudicated and if charges are found correct the court shall order the same destroyed or removed, the costs to be paid within ten days by the owner or person in charge, if not it shall be paid by the county, and it shall be collected by the county attorney with costs, and paid into the county treasury. Sec- 15. County inspectors to report monthly. Secretary State Board to report biennially. The county inspector shall make monthly reports to the county commissioners and to the secretary of the State Board of Horticulture on forms prescribed by the said Board. Said reports shall embrace the labors of the county inspector and his deputies for the month and statistics showing the general condition of horticulture within the county, together with such statement of facts and recommendations as he may deem useful to the horticultural interests of the county. The secretary of the State Board shall make a biennial report to the Secretary of State, the first day of December preceding the meeting of the State Legislature, and the Secretary of State shall cause 5,000 copies of the same to be published in a pamphlet or book form, for distribution as other State publications. Sec. 16. Orchard owners to guard against pear blight, peach rosette and peach yellows. It shall be the duty of every owner, possessor or occupier of any orchard, nursery, garden lot or land where trees are grown within this State, to remove from said land and destroy by burning all diseased or decayed branches of fruit trees affected with pear blight, and to burn and destroy all dead trees and trees affected with peach rosette or peach yellows. Sec. 17. Trees imported to be fumigated. It shall not be lawful for any nurseryman, corporation or private individual to import into this State or to ship in the State any trees, shrubs, or vines, unless the same are properly certified to by a professor of entomology of a Government Experiment Station, or an officer of a State Board of Horticulture, or a regular examiner and appointed county inspector, operating in the regular discharge of their duties; as having been fumigated or disinfected by hydrocyanic acid gas before shipment. Importations of trees or shrubs unaccompanied by such certificate of fumigation shall be held in quarantine at owner's risk until so fumigated, at the cost of the importer. Said fumigation shall be made to the satis faction of the County Fruit Tree Inspector, or of the member for that district of the State Board of Horticulture. Sec. 18. Nursery stock to be disinfected. It shall be the duty of any and all owners of any nursery or nurseries or nursery stock to disinfect by the use of hydrocyanic acid gas all their nursery stock for the destruction of insects or diseases injurious to trees or shrubs before removing the same, or any of it, from their premises for sale, gift, distribution or transportation. Sec. 19. State Horticultural Exhibits. The State Board of Horticulture shall have power to authorize the holding of State Horticultural exhibitions, and shall determine the time and place for holding said exhibitions, with power to arrange for premiums and awards, and perfor: such other duties as may be necessary in conducting such exhibitions. Sec. 20. Appropriation. For the purpose of carrying out provisions of this act, eight thousand dollars is hereby appropriated out of any money in the State treasury not otherwise appropriated; four thousand dollars, or so much thereof as may be necessary to be paid in the year 1905 and four thousand dollars in the year 1906. Sec. 21. That chapter 104, laws of Utah, 1903, is hereby repealed. CHAPTER 99. CLASSIFICATION OF CITIES. An Act amending sections 174 and 175, Revised Statutes of Utah, 1898, relating to the classification of cities and the changing of classes of such cities. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 174, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 174. Classification of Cities. Municipal Corporations in this State ́ now existing and those hereafter organized shall be, and the same are hereby divided into three classes. Those cities having thirty thousand or more inhabitants shall be known as cities of the first class; those cities having more than five thousand and less than thirty thousand in |