136 STATE POMOLOGICAL SOCIETY. 



AN ACT to provide for the protection of trees and shrubs from 

 injurious insects and disease. 



Be it enacted by the Senate and House of Representatives in 

 Legislature assembled, as follows : 



Section i. All nursery stock shipped into this state from any 

 other state, country or province shall bear on each box or package 

 a certificate that the contents of said box or package have been 

 inspected by a duly authorized inspecting officer, and that said 

 contents appear to be free from all dangerous insects or diseases. 

 In case nursery stock is brought into the state without such a 

 certificate the consignee shall return it to the consignor 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 con- 

 signor has been fumigated in a manner approved by the state 

 nursery inspector of the state from which said nursery stock is 

 shipped, the same may be accepted as though bearing a proper 

 certificate of inspection. 



Sect. 2. 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 official certificate of inspection or an affidavit of 

 fumigation, which shall meet the requirements specified in section 

 one of this act, shall be guilty of a misdemeanor, and on convic- 

 tion thereof be subject to a fine not exceeding one hundred dollars 

 for each offense. 



Sect. 3. Should any person in the State suspect the presence 

 of San Jose Scale or other injurious insects or diseases preying 

 vipon 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 and file the same with the commis- 



