SAN JOSE SCALE LAW. 115 



same, and he shall not ship or deliver any such trees, vines, shrubs 

 or plants affected with such 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 collected 

 by suit by the prosecuting- attorney of the county in which said 

 nursery or orchard is located, one-half thereof to g^o to the informer 

 and the balance to be paid to said Minnesota State Agricultural 

 Experiment Station. 



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 or orchard for the destruction of these insects 

 and the said owner shall fail or neglect to take the measures neces- 

 sary 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 or orchard for the destruction of such insects, and he shall 

 employ all necessary assistance and may enter the premises of said 

 owner of such nursery or orchard for the purpose of treating and 

 exterminating such insects; and the owner of such nursery or 

 orchard shall be liable for the cost of such proceeding, for the 

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

 Minnesota State Agricultural Experiment Station, not to exceed five 

 dollars per day, and for such number of days as said State Inspec- 

 tor shall determine, which said charge must be paid before the 

 delivery of the certificate mentioned in section one of this act. 



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

 state from another state, every package thereof shall be plainly 

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

 the consignee, the contents and a certificate properly signed by such 

 officer, showing that the contents have been inspected by a compe- 

 tent State Officer or Inspector and that the trees, plants or vines 

 contained therein are apparently free from all San Josc' Scale, and a 

 duplicate of such certificate shall also be attached to and accompany 

 the bill of lading. All agents of Railway, Express or Transportation 

 Companies within the State of Minnesota are hereby forbidden to 

 deliver any consignment of trees, shrubs, vines, plants or other 

 nursery stock to any consignee unless the same is accompanied 

 by a certificate of inspection as herein before provided. In 

 the absence of said certificate, said agent of the said Rail- 

 way, Express or Transportation Company shall notify the 

 said consignee by depositing a written notice in the United 

 States mail that said consignment is received and held 

 for inspection, and said consignee shall at once secure its 

 inspection by the legally constituted state authority, and upon the 

 presentation of such certificate duly executed by said Inspector or 

 his deputy said consignment may be delivered. 



Sec. 5. Every person, firm, or corporation 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 October 

 in each year, apply to the State Inspector of Nurseries and Orchards 

 for the inspection of said stock under the provisions of this act and 



