36 SCALE INSECTS. 



lows, rosette or other destructive insect or fungus enemies, he shall 

 have the privilege and it shall be his duty to notify the state ento- 

 mologist, who shall proceed to the premises designated and examine 

 the same and suggest and recommend the proper remedies for the 

 destruction of such insect or fungus enemies that may be present. 



Sec. 6. Every package of trees, vines, plants or other nursery 

 stock shipped into this state from another state shall be plainly 

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

 the consignee, the contents, and the certificate, signed by a state or 

 government inspector, showing that the contents have been exam- 

 ined by him, and that such stock is free from San Jose scale, or other 

 destructive insect or fungus enemies. Whenever any trees, vines, 

 plants or other nursery stock are shipped into this state without such 

 a certificate plainly fixed on the outside of each package, the fact 

 may be reported to any justice of the peace of this commonwealth, 

 and said justice shall issue a summons for the consignee of such 

 package, and the agent of the consignor, if he be known, to appear 

 before him on a certain day, to be therein named, to show cause why 

 such trees, vines, plants or other nursery stock should not be seized, 

 as being in violation of this act, and on trial thereof, if said justice 

 be satisfied that the provisions of this act have been violated, he 

 shall order said agent or consignee to return such package of trees, 

 vines, plants or other stock immediately to the shipper or consignor, 

 unless such said consignee or agent shall forthwith, and at his own 

 expense, have such trees, vines, plants or other nursery stock exam- 

 ined by the state entomologist, or such person as he may appoint to 

 make the examination, and he certifies to the justice of the peace 

 that such nursery stock is free from San Jose scale or other destruct- 

 ive insects or fungus enemies. If such consignee or agent fail to 

 have such inspection made, or fail to return such package to the 

 shipper or consignor thereof, then the justice of the peace shall order 

 and direct the constable or sheriff to burn and destroy, at the ex- 

 pense of the agent or consignee, all such trees, vines, plants or 

 other stock as have been shipped into this commonwealth in viola- 

 tion of law. 



Sec. 7. The sum of $500 annually, or so much thereof as may be 

 necessary, is hereby appropriated for the purpose of paying the ex- 

 penses of the state entomologist in the performance of his duties 

 under the provisions of this act, and the auditor of public accounts 

 is hereby directed to honor requisitions made by said state entomolo- 

 gist for expenses incurred in the performance of his duties, and the 

 state entomologist shall make annual report to the treasurer of the 

 amount expended. * 



Sec. 8. Inasmuch as the insect known as the San Jose scale has 

 appeared in some sections of the commonwealth, a great destruction 

 of fruit and fruit-trees is imminent therefrom, an emergency is de- 



