92 LAWS AGAINST INJUEIOUS INSECTS. 



may withhold any compensation due such commissioner until such time as such 

 report is made. 



Sec. 9. All acts and parts of acts in conflict with the above are hereby re- 

 pealed. 



Effective March 13. 1903. 



1S1EW ha:mpshiiie. 



An Act to authorize the State board of agriculture to appoint a State nursery inspector 

 and to provide for the protection of trees and shrubs from Injurious Insects and 

 diseases. 



Be it enacted hy the senate and house of representatives hi general court 

 convened: 



Section 1. The State board of agriculture shall annually appoint some person, 

 qualified by scientific training and practical experience, to be State nursery 

 inspector, and he shall be responsible to the board for the performance of his 

 duties as prescribed in this act. The said inspector may appoint such number of 

 deputies, not exceeding two, as he may deem necessary or expedient. 



Sec. 2. It shall be the duty of the State nursery inspector, either personally or 

 through his deputies, to inspect at least once each year all nurseries or places 

 in the State where nursery stock is grown, sold, or offered for sale, and if no 

 dangerous insect or fungous pests are found therein a certificate to that effect 

 shall be given. If such pests are found therein the owner of the stock shall take 

 such measures to suppress the same as the State nursery inspector shall pre- 

 scribe, and no certificate shall be given until the said inspector has satisfied him- 

 self by subsequent inspections that all such pests have been suppressed. 



Sec 3. Any owners of nurseries or of places in the State where nursery stock 

 is grown, sold, or offered for sale, who do not hold an unexpired certificate of 

 inspection after the first annual inspection made after the passage of this act, 

 who shall sell or otherwise dispose of nursery stock in the State, shall be subject 

 to a penalty of not less than twenty-five nor more than one hundred dollars for 

 each offence. 



Sec. 4. Any owners of nurseries or of places in the State where nursery stock 

 is grown, sold, or offered for sale, who shall fumigate with hydrocyanic acid gas 

 all stock which they sell, using at least two-tenths of a gram of potassic cyanide 

 to every cubic foot of space contained in the box, house, or other place wherein 

 this fumigation is performed, which place shall be gas tight, and who shall 

 expose the said stock to the fumes of this gas of the strength aforesaid for at 

 least fortj' minutes, or who shall treat the stock which they sell by some other 

 method approved by the State nursery inspector, and who shall make affidavit 

 before a justice of the peace that all stock sold by them has thus been fumigated 

 or treated, and who shall attach a copy of such affidavit to each package, box, or 

 car of stock sold, may be exempt from the provisions of sections two and three 

 of this act. 



Sec. 5. All nursery stock shipped into this State from any other State, country, 

 or province shall bear on each box or package an unexpired certificate that the 

 contents of said box or package have been inspected by a duly authorized 

 iiispecting officer, and that said contents appear to be free from all dangerous 

 insects or diseases. In case nursery stock is brought within the State without 

 such certificate the consignee shall return it to the consignor at the expense of 

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

 vided, however. That any package or box bearing a certificate of fumigation 



