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to parties or firms within the state or outside the state, said fees to be deposited monthly with the state treasurer and become a fund to aid in defraying the expenses incidental to regulating dealers and agents and inspecting nursery stock received by them, prior to or subsequent to its delivery.

See section 7832i for section 8 of the act 1915, p. 200, amending section 12, act 1909, p. 191.

See section 7832k for sections 9 and 10 of the act 1915, p. 200.

[Acts 1915, p. 200. In force June 1, 1915.]

78321. Orders for treatment, affidavit.-12. Whenever as the result of an official inspection the state entomologist or any of his deputies shall order the treatment or removal of any trees, vines, shrubs or plants, or shall order the treatment or destruction of any bee hives, frames, or other appurtenances connected with apiculture, he may require that an affidavit shall be filed by the owner or person in charge of the property so affected, in which it shall be stated that the treatment ordered has been carried out to the best of the affiant's ability, and that the work has been effective for the purpose prescribed. The state entomologist is hereby empowered to prevent the removal or transportation from any private or public place or any area of the state which contains dangerously infested or infected plant material of any kind and also bees or bee appliances infected with disease, for such periods and under such conditions as is in his judgment necessary in order to prevent the further spread of the infestation or infection, giving such notice thereof either personally, by deputy, or by letter; and during the existence of such order no person shall remove or ship from this area any such plant material, bees or bee appliances as are set forth in the order, except by special permit issued by the state entomologist. In case the owner or person in charge of any infected or infested premises or apiary shall refuse or neglect to carry out the order issued by the state entomologist within the period of time allowed for the performance of the work, the state entomologist may proceed to destroy or treat the infested or infected plants or plant material, colonies of bees or bee appliances. The expense thereof shall be certified by the state entomologist to the county auditor of the county wherein such infested or infected premises, or apiary is situated and such county auditor shall place the amount so certified upon the tax duplicate, and such amounts shall be collected at the same time and in the same manner that state and county taxes are collected. The amount of such expense when collected shall be paid to the state treasurer by the county treasurer of such county at the time when and in the manner in which he makes his next succeeding semiannual settlement with the state treasurer. All amounts so collected and paid

into the state treasury shall become a part of the fund used to enforce the provisions of section 8 of this act.

The above section 8, Acts 1915, p. 200, amends section 7832i Revision of 1914, being section 12, Acts 1909, p. 191.

[Acts 1915, p. 200. In force June 1, 1915.]

7832k. Penalty.-9. Any person violating any section of this act or any rules or regulations promulgated under this act, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of not less than $10.00 nor more than $100.00 for each offense. It shall be the duty of each prosecuting attorney to whom the state entomologist or any of his deputies shall present satisfactory evidence of violation of any provision of this act to prosecute without delay such violations in the proper court.

Note The above section was omitted from Supplement of 1918.

Section 10 of the above act provides that the act shall be in force and effect from and after June 1, 1915.

HOTELS.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

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The enactment of these sections by implication abrogated the common law lien in favor of innkeepers in Indiana so that an innkeeper had no lien on a piano and stool which was not owned by his guest. Nicholas v. Baldwin Piano Co., App., 123 N. E. 226.

[Acts 1915, p. 300. In force April 26, 1915.]

7850a. Sheets, size of for beds for guests.-1. That any owner, lessee, superintendent or manager of any hotel, rooming house, lodging house, apartment house or place of entertainment or lodging for transient or permanent guests or lodgers in such hotels, rooming houses, restaurants or apartment houses who may furnish beds and bedding for guests or lodgers shall provide each bed with undersheets sufficiently large to cover completely the mattress on each bed and top sheets to be not less than ninety-nine (99) inches long and eightyone (81) inches wide so that they may be folded over the blankets or other bed covering not less than two (2) feet, such sheets to be removed from said beds and replaced by freshly laundered sheets after the departure of each guest or lodger. There shall also be furnished clean and freshly laundered pillow cases after the departure of each transient guest.

7850b. Penalty.-2. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).

HUSBAND AND WIFE.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

SEC.

7851. Disabilities abolished.

7852. Wife's lands.

7853. Wife's power to hold property and contract.

7855. Wife can not be surety.

7856. Loans to married women, estoppel. 7860. Husband's liability for improvements on wife's property.

7851. Disabilities abolished.

SEC.

7867. Wife's earnings and profits.

7868. Suits for injury to wife's person or character.

7869. When wife may sue for support. 7871. Hearing and judgment.

7876. Abandoment of family-Application by trustee-Interlocutory order.

Married women may by special contracts become individually liable for the services of a physician. Reinhart v. Friederich, 58 App. 421, 108 N. E. 258.

7852. Wife's lands.

Married women may lease their lands for a term of years without their husbands joining in the lease. Kokomo Natural Gas etc. Co. v. Matlock, 177 Ind. 225, 97 N. E. 787; Spiro v. Robertson, 57 App. 229, 106 N. E. 726.

7853. Wife's power to hold property and contract.

Married women can not make valid executory contracts for the sale of their lands unless their husbands join them in the execution of such contracts. Knepper v. Eggiman, 177 Ind. 56, 97 N. E. 161.

Married women may contract in reference to their personal property the same as if they were unmarried. Tuell v. Homann, 60 App. 285, 108 N. E. 596. See note to section 3962.

[Acts 1881, p. 527. In force September 19, 1881.]

7855. Wife can not be surety.

This section Revision of 1914, is repealed by section 1, Acts 1919, p. 90, law without the Governor's signature.

A married woman in consideration of the conveyance of property to her may assume and agree to pay a debt of her husband for which she was surety. Washburn v. Gray, 49 App. 271, 97 N. E. 190.

If a married woman executes a note for the debt of her husband, and she and her husband execute a mortgage on her land to secure the payment of the note, she may plead suretyship in an action to foreclose the mortgage and defeat the action unless by her acts she is estopped to set up such defense. Taylor v. Griner, 55 App. 617, 104 N. E. 607.

If a married woman signs notes as surety that are governed by the law merchant, the notes can not be enforced against her by an innocent purchaser of the notes unless she has estopped herself to plead suretyship. Wright v. Fox, 56 App. 315, 103 N. E. 442.

The test of the relationship of a married woman to a note which she signs with another person is to inquire whether she received in person or benefit to her property the consideration for which the note was executed. Standard

Brewery v. Lacanski, 60 App. 499, 111 N. E. 80.

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