SCALE INSECTS. 61 



committing it to conviction in like manner and with like penalty and 

 costs as in the first offense. The penalty and cost of such action or 

 actions, upon being docketed in the superior court, shall be a judg- 

 ment lien upon all real property of the party convicted, and shall 

 bear legal interest until paid ; provided, however, that the court 

 may, in its discretion, upon conviction, declare the premises and 

 property infected a nuisance and order the same abated, the costs 

 of the same to become a judgment against the real property as be- 

 fore mentioned. 



Sec. 4. Section 10 of said act is hereby amended to read as fol- 

 lows : Sec. 10. Any person or persons who shall bring into the state, 

 sell, offer for sale, distribute or give away fruit-trees, plants, shrubs, 

 fruit or other material infested with the injurious insect popularly 

 known as the San Jos6 scale [Asi^idiotus jjerniciosus), or any other 

 live or injurious insect of this species, shall be guilty of a misde- 

 meanor, and upon conviction thereof shall be punished by a fine not 

 less than $25 uor more than $200, or by imprisonment in the county 

 jail not less than GO days nor more than one year: provided, that for 

 each repeated offense the person or persons convicted, as aforesaid, 

 may be punished by a fine of $100, or by imprisonment not to exceed 

 -two years. Any person or persons who shall sell, offer for sale, dis- 

 tribute or give away any tree or trees, root or roots, grafts, cuttings 

 or scions, infested with the injurious insect popularly known as the 

 woolly aphis [Lanigern) shall be deemed guilty of a misdemeanor, 

 and on conviction thereof shall be punished by a fine not less than 

 $25 nor more than $200, or by imprisonment in the county jail not 

 less than .30 days nor more than one year. Any nursery trees, shrubs 

 or plants which have been shipped to any place within the state for 

 distribution, or for planting, and which are infested with any injuri- 

 ous insects, shall be disinfected under the direction of a member of 

 the board, or some person designated by such member, and the cost 

 of said disinfection shall be charged to the owner of said articles, 

 and shall become a lien on said trees, shrubs or plants until paid ; 

 provided, that if the cost of said disinfection is more than $5 the ex- 

 penses shall not exceed the rate of 5 cents per tree : and said lien to 

 be foreclosed upon like notice as in the case of the sales of personal 

 property on execution. 



Sec. 5. No person, firm or corporation shall engage or continue 

 in the business of selling within the state, or importing fruit-trees, 

 plants or nursery stock into this state, without first having obtained 

 a license to do business in this state, as in this act provided. 



Sec. 6. Any person, firm or corporation, may obtain a license to 

 engage in the business of selling fruit-trees, plants or nursery stock 

 into this state, by filing with the secretary of the state board of hor- 

 ticulture, bond, with sureties to be approved by the state board of 

 horticulture in the sum of $3,000, conditioned that the principals will 

 faithfully obey the provisions of this act and the laws of the state of 



