MASSACHUSETTS. 67 



latter, or shall call the State nursery inspector to inspect the same : Provided, 

 hoivever, That any package or box bearing a certificate of fumigation which 

 meets the requirements specified in section four of this act may be accepted 

 as though bearing a proper certificate of inspection. 



Sec. 6. The State nursery inspector shall determine the season for inspecting 

 nurseries and the forms of certificates to be given, but in no case shall he issue 

 a certificate which shall continue in force after the first day of July next follow- 

 ing the date of inspection. He or any of his deputies shall at all times have 

 the right to enter any public or private grounds in the performance of any duty 

 required by this act. He and each of his deputies shall receive five dollars for 

 each day's Service required of them under this act, and the travelling and other 

 expenses necessarily incurred in the said service. 



Sec. 7. A sum not exceeding one thousand dollars may be expended by the 

 State board of agriculture in carrying out the provisions of this act. 



Approved June 19, 1902. 



Chapter 381. 



An Act to provide for suppressing the gypsy and brown-tail moths. 



Be it enacted, etc., as follows: 



Section 1. For the purposes of this act the pupse, nests, eggs, and caterpillars 

 of the gypsy and brown-tail moths and said moths are hereby declared public 

 nuisances, and their suppression is authorized and required ; but no owner or 

 occupant of an estate infested by such nuisance shall by reason thereof be 

 liable to an action, civil or criminal, except to the extent and in the manner and 

 form herein set forth. 



Sec 2. The governor, by and with the consent of the council, shall appoint a 

 superintendent for suppressing the gypsy and brown-tail moths and shall deter- 

 mine his salary. The governor may, with the consent of the council, remove 

 said superintendent at any time for such cause as he shall deem sufficient. In 

 case of the death, removal, or resignation of the superintendent the governor 

 shall forthwith appoint a successor. On or before the third Wednesday in Janu- 

 arj^ in each year the superintendent shall make a report of his proceedings to 

 the general court, which shall be a public document and shall be printed. Said 

 report shall separate so far as is practicable the expenditures on work against 

 the gypsy moth from those on work against the brown-tail moth in each city and 

 town. 



Sec. 3. The said superintendent shall act for the Commonw^ealth in suppress- 

 ing said moths as public nuisances, in accordance with the provisions of this act. 

 For this purpose he shall establish an office and keep a record of his doings and 

 of his receipts and expenditures, and may make rules and regulations. He may 

 employ such clerks, assistants, and agents, including expert advisers and in- 

 spectors, as he may deem necessary and as shall be approved by the governor. 

 He may make contracts on behalf of the Commonwealth ; may act in cooperation 

 with any person, persons, corporation, or corporations, including other States, 

 the United States, or foreign governments ; may conduct investigations and accu- 

 mulate and distribute information concerning said moths ; may devise, use, and 

 require all other lawful means of suppressing or preventing said moths ; may 

 lease real estate when he deems it necessary, and, with the approval of the 

 board in charge, may use any real or personal property of the Commonwealth ; 

 may at all times enter upon the land of the Commonwealth or of a municipality, 

 corporation, or other owner or owners, and may use all reasonable means in 

 carrying out the purposes of this act ; and, in the undertakings aforesaid, may, 



