42 SCALE INSECTS. 



(52.) The owner of such nursery, trees, vines or nursery stock 

 shall, within the time specified in such notice, take such steps for 

 the destruction of such San Jose scale, or other insect or disease as 

 will exterminate the same, and he shall not ship or deliver any trees, 

 plants, vines or other nursery stock affected with such disease or in- 

 sect, under a penalty of a fine of $1 for every tree, plant or vine so 

 affected when shipped from such nursery, which fine may be col- 

 lected by suit by the state's attorney of the county in which such 

 nursery is located, one-half to go to the informer, the balance to be 

 paid to the trustees of said agricultural college. 



(5.3.) Whenever it shall happen that the state entomologist shall 

 give the notice heretofore required to the owner of a nursery for 

 the destruction of the insects or diseases mentioned, and the 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 entomologist to have the proper 

 remedies applied to such nurseries for the destruction of such in- 

 sects or diseases, and shall employ, all necessary assistance, and may 

 enter the premises of the 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 pro- 

 ceeding. 



(5i.) Whenever a nurseryman or seller of trees, plants, vines or 

 other nursery stock shall ship or deliver any such goods to any pur- 

 cha.ser in this state, he shall send on each and every package so 

 shipped or delivered, as well as transmit to the purchaser by mail, a 

 written or printed certificate signed by him, that the whole and every 

 part of such stock or goods have been examined by the state or gov- 

 ernment entomologist, and that the same is entirely free from all 

 San Jose scale, yellows, rosette, and every other insect or disease 

 whatever, and failure to furnish such certificate shall render him 

 liable to the penalty of a fine of S1(X) for each and every such ship- 

 ment or delivery without such certificate. 



(55.) Whenever any nurseryman, fruit-grower or agriculturist in 

 this state shall know or have good reason to believe that his trees, 

 plants or vines are affected with San Jose scale, yellows, rosette, or 

 any other insect or disease, he shall have the privilege and it shall 

 be his duty to notify the state entomologist thereof, who shall at 

 once proceed to the premises designated and examine the same, and 

 suggest and recommend the proper remedies for the destruction of 

 the same, and give all information he can to aid in exterminating 

 such insect or disease, and instruct the owner thereof how to use the 

 remedies he recommends. 



(56.) The said state entomologist, when he examines any trees, 

 plants, vines or nursery stock in this state under the provisions of 

 this act, and he finds such trees, plants, vines or nursery stock is 

 free from all San Jose scale, yellows, rosette, or other disease or in- 



