26 LAWS AGAINST INJURIOUS INSECTS. 



to inspect the same and deduct the costs of such inspection from the consignor's 

 bill for such stock. This section shall be deemed to be a part of every contract 

 made in this State for the sale of nursery stock to be shipped into this State. 



Sec. 4389. Inspection of nurseries; penalty. — All nurseries or places where 

 nursery stock is grown, sold, or offered for sale shall be inspected at least once 

 each year hj the State entomologist or one of his deputies, and if no serious pests 

 are found a certificate to that effect may be given. If such pests are found, the 

 owner shall take such measures to suppress the same as the State entomologist 

 may prescribe. If such measures are not immediately taken by the owner of 

 such nursery or place such certificate shall be withheld, and every nurseryman 

 who does not hold such a certificate, after the first annual inspection, who shall 

 sell or otherwise dispose of nurserj^ stock, shall be fined not more than fifty dol- 

 lars. The form of certificate and the season for inspecting nurseries may be 

 determined by the State entomologist. The State entomologist or any of his 

 deputies may at all times enter any public or private grounds in the performance 

 of his duty. 



Sec. 4390. Appropriation. — The sum of three thousand dollars is appropriated 

 to carry out the provisions of sections 4386, 4387, 4388, and 4389, which sum is 

 to be paid quarterly to the treasurer of said station, who shall hold the same 

 subject to the order of the State entomologist. 



DEIiAWARE. 



Chapter 216. 



An Act to provide and establish a State board of agriculture and to prescribe its powers 



and duties. 



Be it enacted hy the seriate and house of representatives of the State of Dela- 

 ivare in general assembly met: 



Section 1. That when and as soon as this act becomes a law, the governor of 

 this State shall appoint three commissioners of agriculture, by and with a 

 consent of a majority of all the members elected to the senate, one of whom 

 shall reside in each county of the State, and one of whom shall be of different 

 political faith from the other two, and one of whom shall be appointed and com- 

 missioned for the term of one year, another one of whom shall be appointed 

 and commissioned for the term of two years, and the remaining one of whom 

 shall be appointed and commissioned for the term of three years, which said 

 commissioners and their successors in office are hereby made a department to 

 be known as the State board of agriculture, to continue and remain such for the 

 term of eight years from the date of the qualifications of the commissioners 

 first appointed, and to remain and continue such board after such term or 

 I^eriod of years has expired and until said board shall be abolished by the 

 general assembly. The successors to the commissioners first appointed shall 

 each be appointed for terms of three years when and as the terms of the first 

 commissioners expire. The commissioners shall hold office until their succes- 

 sors become duly qualified. If any vacancy occurs in the office of commissioner 

 of agriculture before the expiration of any term of office hereby prescribed, each 

 vacancy shall be filled by appointment by the governor for the remainder of the 

 term : Provided, hoicever, That in case such vacancy shall occur when the senate 

 is not in session such vacancy shall be filled by the governor without confirma- 

 tion by the senate until the end of the next session of the senate. 



Sec. 2. The commissiouers of agriculture shall each receive as compensation 



