DELAWARE. 29 



ises have been examined and inspected and are apparently free from all insects, 

 pests, and diseases dangerously injurious to nursery stock. If any of the said 

 insects, pests, or diseases shall be found in any nursery or orchard or on any 

 premises within the State where said nursery stock is grown, the said board of 

 agriculture, its officers, agents, or servants, shall cause to be destroyed or treated 

 as hereinbefore provided, such portion of such nursery stock as, in the opinion 

 of said board, may be necessary, and shall release all other stock grown upon 

 said premises, and shall make and issue a certificate of inspection to the effect 

 and in the manner as hereinbefore prescribed; and, if such infested nursery 

 stock be destroyed as herein provided, then the owner or owners shall pay the 

 costs thereof; and if he or they refuse or neglect to pay the same it shall be 

 collected as provided in section 5 of this act. 



Sec. 10. That it shall be unlawful for any nurseryman, broker, agent, dealer, 

 or other person to sell or offer for sale, or ship, send out, or give away, by mail, 

 express, freight, or otherwise, any trees, vines, plants, shrubs, buds, grafts, or 

 cuttings from any nursery or orchard mentioned in this act, or any premises 

 within this State where said nursery stock is grown, without accompanying the 

 same with a copy of the certificate aforesaid, printed upon a tag or label not 

 easily destroyed, which shall be firmly attached or fastened in a conspicuous 

 position upon each carload, box, bale, or package so sold or offered for sale, or 

 shipped, sent out, or delivered. 



Sec. 11. That if any nurseryman, agent, broker, dealer, or other person shall 

 sell or offer for sale or deliver within this State or ship, transport, or send out of 

 this State, to any other State or Territory of the United States, or foreign pos- 

 session thereof, or to the District of Columbia, any trees, plants, shrubs, vines, 

 grafts, cuttings, and buds, commonly known as nursery stock, subject to the 

 insects, pests, and diseases in this act mentioned, without attaching a copy of 

 the certificate aforesaid, or shall deface or mutilate, or destroy said certificate, 

 or wrongfully attach a certificate, he shall be deemed guilty of a misdemeanor, 

 and upon conviction thereof shall forfeit and pay a fine of not more than five 

 hundred dollars nor less than one hundred dollars, besides the costs of prosecu- 

 tion, or be imprisoned for a term of not less than one month nor more than one 

 year. 



Sec. 12. That all trees, plants, vines, shrubs, buds, grafts, and cuttings, com- 

 monly known as nursery stock, grown or handled by each and every nursery- 

 man in this State, and subject to the aforesaid insects, pests, and diseases, shall 

 be fumigated or treated by the nurseryman owning the same in the manner, 

 method, and way prescribed by the said board of agriculture, which said board 

 is hereby authorized and empowered to make and adopt rules and regulations, 

 and the same to alter, change, and modify from time to time, as in its judg- 

 ment is best for the proper fumigation or treatment of infected trees, plants, 

 vines, shrubs, buds, grafts, and cuttings. If any person shall wilfully and 

 knowingly violate any of said rules he shall be deemed guilty of a misdemeanor, 

 and upon conviction thereof shall forfeit and pay a fine of twenty-five dollars 

 for each offense. 



Sec 13. That when any trees, plants, shrubs, vines, buds, grafts, or cuttings, 

 commonly known as nursery stock, are shipped, sent, or mailed into this State 

 to any nurseryman, broker, dealer, agent, or other person in this State, every 

 carload, bale, box, or package thereof shall be plainly labeled on the outside 

 with the name of the consignor and the name of the consignee, and shall have 

 attached or fastened thereto a certificate showing that the contents thereof have 

 been examined by a duly qualified State or Government officer and found ap- 

 parently free from all insect and fungous diseases dangerously injurious to 

 nursery stock. 



