102 LAWS AGAl^s-ST IXjrEIOtTS IXSECfS. 



or plants. If, however, in the judgment of the commissioner of agriculture any 

 trees, shrubs, or plants infected with any disease or infested with dangerously 

 injurious insects can be treated with suflBcient remedies he may direct srch treat- 

 ment to be carried out by the owner under the direction of the commissioner's 

 agent or agents. Any person refusing or failing to comply with the directions of 

 the commissioner of agriculture or his duly authorized agents in carrying on the 

 work of extirpating dangerously injurious insect pests and fungus or other dis- 

 eases shall be guilty of a misdemeanor. In case of objections to the findings of 

 the insi>ector or agent of the c-onmiissioner of agriculture an appeal shall l>e 

 made to the commissioner of agriculture, whose decision shall be final. An 

 appeal must be taken within three days fi-om service of said notic-e, and shall act 

 as a stay of proceedings until it is heard and decided. When the commissioner 

 of agriculture, or the i>erson or pei^sons appointed by him. shall determine 

 that any tree or trees, shrubs, or other plants must be treated or desti'oyed 

 forthwith, he may employ all necessary assistants for that purpose, and such 

 person or persons, agent or agents, employee or employees may enter upon any 

 or all premises in any city or town necessary for the purpose of such treatment, 

 removal, or destniction. {As amended hy chapter 20 of the laics of 190S.) 



§ S3. Appointment and duties of the agent of the commissioner of agriculture. 

 When the commissioner of agriculture knows and has reason to believe that any 

 such contagious disease exists, or that there is good reason to believe it 

 exists, or danger is justly apprehended of its introduction in any town or city 

 in the State, or that any dangerously injurious insect pest exists within this 

 State, and has reason to believe that danger may be justly apprehended from 

 its existence, he shall forthwith send some competent i>erson and such agent 

 or agents as he may deem necessary to assist in extirpating said pest or i>ests, 

 disease or diseases, and the said commissioner of agriculture is hereby authorized 

 and emiKJwered to take such steps and do whatever may be deemed necessary to 

 so control or prevent the spread or extirpate said pest or pests, disease or dis- 

 eases, and he shall cause an examination to be made at least once each year, 

 prior to September first, of each and every nursery or other place where trees, 

 shiTibs, or plants, commonly known as nursery stock, are grown for sale, for 

 the purpose of asc-ertaining whether the trees, shrubs, or plants therein kept 

 or propagated for sale are infected with any such contagious disease or dis- 

 eases or infested with such pest or pests. If after such examination it is fotmd 

 that the said trees, shrubs, or other plants so examined are free in all re- 

 spects from any such contagious or infectious disease or diseases, daugerously 

 injurious pest or pests, the said commissioner or his duly authorized agent or 

 other person designated to make such examination shall thereupon issue to the 

 owner or proprietor of the said stock thus examined a certificate setting forth 

 the fact that the stock so examined is apparently free from any and all such dis- 

 ease or diseases, pest or pests. Should any nurserjnian. agent, or dealer or 

 broker send out or deliver within the State trees, vines, shrubs, plants, buds, or 

 cuttings, commonly known as nursery stock, and which are subject to the 

 attacks of insects and diseases above provided for. unless he has in his pos- 

 session a copy of said certificate, dated within a year thereof, deface or destroy 

 such certificate, or wrongfully be in possession of such certificate, he shall be 

 guilty of a misdemeanor. All nursery stock consigned for shipment, or shipi>ed 

 bj* freight, express, or other means of transportation, shall be accompanied 

 by a copy of said certificate attached to each car, box. bale, bundle, or package. 

 Any i>erson c-onsigning for shipment or shipping nursery stock as above without 

 such certificate attached shall be guilty of a misdemeanor. All transportation 

 companies within this State receiving or carrying nursery stock from any point 



