464 ANNUAL REPORT 



Sec. 4. Auy person, whether in the capacity of principal or 

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

 stock within this State, without complying with the requirements 

 of this act, or shall refuse to exhibit the certificate mentioned in 

 section two (2) of this act, whenever demanded, or shall by 

 means of any advertisement, circular, notice or statement, 

 printed or written, published or posted, or circulated by the 

 agency of an officer, agent or other person, or by any other 

 means shall falsely represent to any person, or to the public, 

 that said nursery stock is grown in this State, and is hardy and 

 adapted to this climate, shall be deemed guilty of a misde- 

 meanor, and upon conviction thereof by any court of competent 

 jurisdiction, shall be punished by fine of not less than twenty- 

 five (25) nor exceeding one hundred (100) dollars, or by impris- 

 onment in the county jail for a term not less than ten (10) nor 

 more than sixty (60) days, in the discretion of the court, and 

 shall be liable to the party injure;d in a civil action for treble the 

 amountof damages sustained, and such party in such civil action 

 may sue in his own name on said bond for the amount of such 

 damages. 



Sec. 5. This act shall take effect and be in force from and 

 after its passage. 



Approved March 8, 1887. 



CONSTRUCTION OF THE ACT. 



The following opinion of Attorney General. Clapp will be ot 

 interest: 



St. Paul, Mar. 31, 1887. 

 Jlon. H. Mattson, Secretarjj of State. 



Dear Sir: In regard to the bond to be given under the act 

 commonly known as the Tree Peddler's Act, I am of the opinion 

 that where the principal is a resident of this State he can give 

 one bond on behalf of his agents. The bond should specify the 

 agent in whose behalf it is given. I think it would be an un- 

 necessary hardship to require an additional bond, or a separate 

 bond^ for each agent which the principal may employ; and a 

 bond of $2,000, in connection with the penal clause of this law, 

 would doubtless be ample protection. 



