390 STATE HORTICULTURAL SOCIETY. 



such trees, vines, shrubs or plants affected by such dangerous insects or diseases 

 until he shall have secured from said inspector a certificate as aforesaid. 



Sec. 2. The owner of such nursery, trees, vines, shrubs or plants shall, within 

 the time specified in such notice, talie such steps for the destruction of such insects 

 or diseases as will exterminate the same, and he shall not ship nor deliever any 

 such trees, vines, shrubs nor plants affected with such dangerous diseases or insects 

 under the penalty of a fine of one dollar for every tree, vine, plant or shrub so 

 affected, when shipped or delivered from such nursery, which fine shall be col- 

 lected by suit by the prosecuting attorney of the county in which said nursery 

 is located. 



Sec. 3. Whenever it shall happen that the State inspector of nurseries and 

 orchards shall give the notice heretofore required to the owner of a nursery, for 

 the destruction of the insects or diseases mentioned, and said owner shall fail or 

 neglect to take the measures necessary for the destruction thereof, within the 

 time mentioned in the notice given him, it shall be the duty of the State inspector 

 of nurseries and orchards to have the proper remedies applied to such nursery 

 for the destruction of such diseases or insects, and shall employ all necessary 

 assistance and may enter the premises of said owner of such nursery for the 

 purpose of treating and exterminating such insects or diseases, and the said 

 owner of such nursery shall be liable for the costs of such proceeding, for the 

 services of the inspector at a rate per diem to be fixed by the State Board of 

 Agriculture, not to exceed three dollars per day, and for such number of days 

 as said board shall determine, which said charge must be paid before delivery of 

 the certificate in section one of this act. 



Sec. 4. Whenever any trees, shrubs, plants or vines are shipped into this State 

 from another state, country or province, every pacliage thereof shall be plainly 

 labeled on the outside with the name of the consignor, the rrame of the consignee, 

 the contents, and a certificate showing that the contents have been inspected by 

 a state or government officer, and that the trees, vines, shrubs or plants therein 

 contained appear free from all injurious insects or diseases. Whenever any trees, 

 shrubs, vines or plants are shipped into this State without such certificate plainly 

 fixed on the outside of the package, box or car containing the same, the fact must 

 be reported within twenty-four hours to the State Board of Agriculture by the 

 railway, express or steamboat company, or other person or persons carrying the 

 same; and any agent of any i-ailway, steamboat or express company, or any other 

 person or persons who shall violate the provisions of this section shall be deemed 

 guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum 

 not less than twenty-five nor more than one hundred dollars, or imprisonment in 

 the county jail not less than five nor more than thirty days, or may be so fined 

 and imprisoned in the discretion of the court, and any such fine shall be paid to 

 the State Board of Agriculture. 



Sec. 5. Any person or persons growing or offering for sale in this State any 

 trees, vines, shrubs or plants, commonly known as nursery stock, shall, on or 

 before the first day of August in each year, apply to the State Board of Agriculture, 

 for inspection of said stock under the provisions of this act and a license for its 

 sale, and shall deposit with said board a fee of five dollars as a license fee for 

 himself as principal. Such license shall be good for one year and shall not be 

 transferable, and each of such persons, principals, shall execute to the State Board 

 of Agriculture, a bond, in the sum of one thousand dollars, with good and sufficient 

 sureties satisfactory to said board, conditioned that he will comply with all the 

 provisions of this act, and that upon demand he will file with the State Board of 

 Agriculture, a list of the persons to whom he has sold or delivered any such nursery 

 stock, giving the species, together with the postoflice address of each purchaser, 

 which list shall be held in strict confidence by the said State Board of Agriculture, 

 and not be subject to inspection by the public. Failure on the part of any nursery- 

 man, grower, agent or dealer to comply with the provisions of this section shall 

 render him or them liable to the penalties of a fine of not more than one hundred 

 nor less than twenty-five dollars, or imprisonment in the county jail for not more 

 than ninety nor less than thirty days, or both such fine and imprisonment in the 

 disci-etion of the court, for each and every such sale. Such information shall be 

 preserved and be for the sole use of the nursery and orchard inspector and his 

 deputies: Provided, That the provisions of the preceding sections shall not apply 



