208 JOURNAL OF ECONOMIC ENTOMOLOGY [Vol. 9 



for or employed by any person as above defined within the scope of his emplojTnent 

 or office, shall in every case be also deemed to be the act, omission or failure of 

 such person as well as that of the individual himself. 



3. — The terms "insects" and "plant diseases" appearing in (this act) (sections 



to , inclusive) shall be construed to include any stage or stages of develop- 

 ment of the aforesaid insects or plant diseases. 



4. — The term "nursery stock" shall include all field-grown florist stock, trees, 

 shrubs, vines, cuttings, grafts, scions, buds, fruit-pits and other seeds of fruit and 

 ornamental trees and shrubs, and other plants and plant products for propagation, 

 except field, vegetable, and flower seeds, bedding plants, and other herbaceous 

 plants, bulbs and roots. 



5. — The term "nursery" shall be construed to mean any grounds or premises on or 

 in which nursery stock is propagated and grown for sale, or any grounds or prem- 

 ises on or in which nursery stock is being fumigated, treated, packed or stored. 

 6. — The term "nurserjTnan" shall mean the person who owns, leases, manages or is 

 in charge of a nursery. 



7. — The term "dealer" shall be construed to apply to any person not a grower of 

 nursery stock who buys niu-sery stock for the purpose of reselling and reshipping, 

 independently of any control of a nursery. 



8. — The term "agent" shall be construed as applying to any person selling nursery 

 stock under the partial or full control of a nurseryman, or of a dealer or other 

 agent. This term shall also apply to any person engaged with a nurseryman, 

 dealer or agent in handling nursery stock on a cooperative basis. 



Section 2.— There is hereby created a board which shall be known as the "Horticul- 

 tural Inspection Board" of (State), hereinafter called the Board, consisting of 

 three (five) members, two (four) members of which shall be ex-officio members. 

 The third (fifth) member shall be appointed by the Governor for a term of four 

 years. Such third (fifth) member shall be a nurseryman actively engaged in the 

 growing of nursery stock. A majority of the members of the Board shall con- 

 stitute a quorum. Vacancies occurring from death, resignation, removal or in- 

 abihty to act shall be filled in hke manner for the unexjoired term. The members 

 of said board shall elect a chairman and shall serve without compensation, but 

 shall receive their actual and necessary traveling expenses incurred in the discharge 



of their official duties within the provisions of (this act) (sections to , 



inclusive). This board is herebj' vested with all powers necessary to carry out the 

 provisions of (this act) (sections to , inclusive). 



Appointment 



Section 3. — The Board shall appoint some person qualified by scientific training 

 and practical experience to be state nursery inspector, hereinafter called the 

 inspector who shall hold his office during the pleasure of the Board, and shall 



strictly enforce the provisions of (this act) (sections to , inclusive) as a 



police regulation of the (state) (commonwealth) under the direction and control 

 of the Board. 



Bond 



Section 4- — The inspector shall file with the Board a bond with security to be ap- 

 proved by the Board in the sxma of one thousand dollars, conditioned on faithful 

 performance of his duty. Any person suffering loss occasioned by reason of an 

 act or omission of the inspector and deputies which is deemed to be unjustifiable, 

 maj' maintain an action upon said bond against the inspector and sureties thereon 



