54 LAWS AGAIXST I^^^JUKIOUS IXSECtS. 



Riirsery stock free from San Jose scale and other destructively injurious insect 

 and fungus enemies, be is hereby authorized and directed to make out and 

 deliver, in writing, to the owner of such stock a certificate stating that he has 

 insi^ected such stock and found the same free from San Jose scale and other 

 destructively injm'ious insect and fungus enemies, and he shall file similar 

 certificates with the c-ommissioner of agriculture and statistic-s and with the 

 president of the State Agricultural and Mechanical College, which certificates 

 shall at all times be subject to public inspection. 



§ 5. Whenever a nurseryman, fruit grower, or agriculturist in this Common- 

 wealth shall know or have good reason to believe that his trees, vines, or plants 

 are affected with San .Jose scale, yellows, rosette, or other destructive insect or 

 fungus enemies, he shall have the privilege, and it shall be his duty, to notify the 

 State entomologist, who shall proceed to the premises designated and examine 

 the same and suggest and recommend the proper remedies for the destruction of 

 such insect or fungus enemies as may be present. 



§ a. Every package of trees, vines, plants, or other nurseiy stock shipped into 

 this State from another State shall be plainly labeled on the outside with the 

 name of the consignor, the name of the consignee, the contents, and a certificate, 

 signed by a State or Government inspector, showing that the contents have been 

 examined by him. and that such stock is free from San .Jose scale, or other 

 destructive insect or fungus enemies. Whenever any trees, vines, plants, or 

 other nursery stock are shipped into this State without such a certificate plainly 

 fixed on the outside of each package, the fact may be reported to any justice of 

 the peace of this Commonwealth, and said justice shall i>:sue a summons for 

 the consignee of such package, and the agent of the consignor, if he be known, 

 to appear before him on a certain day. to be therein named, to show cause why 

 such trees, vines, plants, or other nursery stock should not l)e seized, as being 

 in violation of the provisions of this act, and on trial thereof, if said justice be 

 satisfied that the provisions of this act have been violated, he shall order such 

 agent or consignee to return such package of trees, vines, plants, or other stock 

 immediately to the shipper or c-onsignor, unless said consignee or agent shall 

 forthwith, and at his own expense, have such trees, vines, plants, or other 

 nursery stock examined by the State entomologist, or such person as he may 

 appoint to make the examination, and he certifies to the justice of the peace 

 that such nursery stock Ls free from San Jose scale or other destructive insect 

 or fungus enemies. If such consignee or agent fail to have such inspection 

 made, or fail to return such packages to the shipi)er or consignor thereof, then 

 the jtistice of the peace shall order and direct the constable or sheriff to burn 

 and destroy, at the expense of the agent or consignee, all such trees, vines, 

 plants, or other stock as have been shipped into this Commonwealth in violation 

 of law. 



§ 7, The sum of five hundred dollars annually, or so much thereof as may be 

 necessary, is hereby .appropriated for the purpose of paying the exi>enses of 

 the State entomologist in the performance of his duties under the provisions of 

 this act, and the auditor of public accounts is hereby directed to honor requisi- 

 tions made by said State entomologist for expenses incurred in the i)erformanc-e 

 of his duties, and the State entomologist shall make annual report to the 

 treasurer of the amount expended. 



§ 8, Inasmuch as the insect known as the San Jose scale has appeared in 

 some sections of this Commonwealth, and great destruction of fruit and fruit 

 trees is imminent, therefore an emergency is declared to exist, and the act shall 

 take effect from and after its passage and approval by the governor. 



Approved May 20, 1897. 



