STATE HOKTICULTUKAL SOCIETY. 4«3 



be enforced by indictment in any court having Jurisdiction of 

 misdemeanors in the county where the offense is committed, or 

 the fine may be recovered in an action for debt before any justice 

 of the peace of such county. 



Sec. 4. This act shall take effect and be in force from and 

 after its passage. 



Approved March 9. 1867. 



SELLING NURSERY STOCK. 



AN ACT TO PREVENT THE PRACTICE OF FRAUD HY TREE PED- 

 DLERS AND COMMISSION MEN IN THE SALE OF NURSERY 

 STOCK. 



Be it enacted b>/ the Legislature of the State of Miniif.sofa .- 



Section 1. It shall ])e unlawful for any person, corporation 

 or association, to sell or offer for sale any tree, plant, shrub or 

 vine not grown in the State of Minnesota without first filing with 

 the secretary of state an affidavit setting forth his name, age. 

 occupation and residence, and, if an agent, the name, occupa- 

 tion and residence of his principal, and a statement as to where 

 the nursery stock aforesaid to be sold is to be grown, together 

 with a bond to the State of Minnesota in the penal sum of two 

 thousand (2,000) dollars conditional to save harmless any citizen 

 of this State who shall be defrauded by any false or fraudulent 

 representation as to jjlace where such stock sold him by such per- 

 son, corporation or association was grown, or as to its hardiness 

 for this climate; provided, that the bond aforesaid shall, where the 

 principal is a resident of this State, be given by such principal 

 and not by the agent. 



Sec. 2. The secretary of state shall, on the full compliance 

 with the foregoing provisions, give to the applicant aforesaid a 

 certificate under his official seal, setting forth in detail the facts 

 showing a full compliance by said applicant with the provisions 

 of this act, and said applicant shall exhibit the same or a certified 

 copy thereof to any person to whom stock is offered for sale. 



Sec. 3. Any person, whether in the capacity of principal or 

 agent, who shall sell or offer for sale any foreign grown nursery 

 stock within this State, shall furnish to the purchaser of such 

 stock a duplicate order, with a contract specifying that such 

 stock is true to name and as represented. 



