30 LAWS AGAINST INJUBIOUS INSECTS. 



Sec. 14. That whenever any trees, plants, vines, shrubs, buds, grafts, or cut- 

 tings are shipped or sent into this State without the aforesaid certificate plainly 

 attached or fastened on the outside of each carload, box, bale, or package the 

 same shall be and they are hereby made, deemed, and considered public nui- 

 sances, to be abated in the manner hereinafter provided, and the agent of the 

 transportation company or person or firm receiving the same shall not deliver 

 said nursery stock to any one, but shall at once notify the said board of agricul- 

 ture of such nuisances. The said board shall thereupon institute proceedings 

 before any justice of the peace to abate such nuisances. The said justice of the 

 peace shall summon all parties in interest before him, if they be known and can 

 be summoned ; if not, then such of them as can be summoned, to show cause 

 why such nuisances shall not be abated ; and at the trial or hearing of said 

 cause, if the said justice of the peace shall determine that the provisions of 

 this act have been violated, he shall order and direct that the nuisances be 

 abated by the return of such nursery stock by the agent aforesaid receiving the 

 same to the consignor, unless such consignor, his agent, or the consignee or his 

 agent shall at his or their own expense forthwith have the nursery stock 

 aforesaid inspected and examined by a duly authorized officer or employee of 

 said board of agriculture, and said officer or employee shall certify to said justice 

 of the peace that such nursery stock is apparently free from the disease men- 

 tioned in this act, and tag every such carload, box, bale, and package so inspected 

 with his certificate ; but if said agent, consignor, or consignee or other person 

 above mentioned shall fail or neglect to have said inspection made, or fail to re- 

 turn such carload, box, bale, or package, then said justice shall order said nui- 

 sances to be abated by totally consuming by fire the contents of every such car- 

 load, box, bale, or package by the officers, agents, or employees of said board of 

 agriculture. No action shall be brought by any one to recover any damages for 

 any loss sustained in carrying out the foregoing provisions, and any and all loss 

 shall be borne by the person suffering the same. 



Sec. 15. That if any agent of a transportation company, firm, or person shall 

 knowingly receive a carload, box, bale, or package of trees, plants, shrubs, 

 vines, buds, or cuttings without a certificate attached, as hereinbefore provided, 

 and shall fail to immediately notify the said board of agriculture, as hereinbe- 

 fore provided, he shall be deemed guilty of a misdemeanor, and upon conviction 

 thereof shall forfeit and pay a fine of fifty dollars for each offense, besides the 

 costs of prosecution. 



Sec. 16. That if any nurseryman, dealer, or agent shall sell, ship, or deliver 

 any trees, vines, plants, shrubs, grafts, or cuttings into or in this State which 

 are infested with any of the aforesaid diseases, and which upon inspection by 

 the said board of agriculture or its officers or agents are found to be so infested, 

 the said nurseryman, dealer, or agent shall forfeit the value of such nursery 

 stock and shall not collect or receive the same from the purchaser or consignee ; 

 and if the purchaser or consignee has theretofore paid for said stock, either 

 in whole or in part, he shall have a right of action against such nurseryman, 

 dealer, or agent to recover the sum or sums so paid in an action on the case. 

 All trees, vines, plants, shrubs, grafts, and cuttings so shipped, sold, or de- 

 livered as aforesaid, and inspected and found infested as aforesaid, shall be 

 deemed public nuisances, and shall be abated in the same way and manner as 

 provided for in section 14 of this act. 



Sec 17. The said board of agriculture shall submit annually to the governor 

 a written report of its inspections, experiments, and investigations and a full 

 account of the expenditures, together with such other matters as may be deemed 

 advisable by the said board, and with such recommendations as the said board 

 shall consider proper to make, which the governor shall transmit to the general 



