138 STATE POMOLOGICAL SOCIETY. 



out such a certificate the consignee shall return it to the con- 

 signor at the expense of the latter ; provided, however, that any 

 box or package bearing a certificate of fumigation, which shall 

 be an affidavit made before a justice of the peace, that all stock 

 sold by the consignor has been fumigated in a manner approved 

 by the state nursery inspector of the state from which said nur- 

 sery stock is shipped, the same may be accepted as though bear- 

 ing a proper certificate of inspection. 



Section 3. Any transportation company that shall bring into 

 this state any nursery stock such as trees, shrubs, vines, cuttings 

 or buds, and any transportation company, owner or owners of 

 nursery stock, or persons selling nursery stock as thus defined, 

 who shall transport such stock or cause it to be transported 

 within the state, the same not having attached to each box or 

 package an unexpired ofiicial certificate of inspection or an affi- 

 davit of fumigation which shall meet the requirements specified 

 in section one of this act, shall be guilty of a misdemeanor, 

 and on conviction thereof be subject to a fine not exceeding one 

 hundred dollars for each offense. 



Section 4. It shall be the duty of the commissioner of agri- 

 culture to make full investigation of any locality when the pres- 

 ence of the brown-tail or gypsy moths or other injurious insects 

 or plant diseases may be suspected. Should any person in the 

 state suspect the presence of the brown-tail, the gypsy moth, the 

 San Jose scale or other injurious insects or diseases preying 

 upon trees, shrubs or vines in his possession or within his knowl- 

 edge, he shall forthwith notify the commissioner of agriculture 

 to that effect ; and it shall be the duty of said commissioner of 

 agriculture to cause the said trees, shrubs or vines to be inspected 

 by a competent entomologist, who shall forthwith make a report 

 of the results of his inspection. It shall be the duty of the com- 

 missioner of agriculture to disseminate information concerning 

 the brown-tail moth, the gypsy moth and other injurious insects 

 or plant diseases. Wherever such insects or diseases may be 

 found it shall also be the duty of said commissioner to at once 

 proceed to exterminate or control all such insects and plant dis- 

 eases as may come to his knowledge within the limits of the 

 means at his disposal. 



