SOUTH DAKOTA. 135 



owner, agent, or purchaser, or when he has reasonable grounds to believe that 

 any such injurious and dangerous pests exist, to enter upon any of the grounds 

 mentioned in section one hereof, public or private, for the purpose of inspection, 

 and if he finds any nursery or orchard, garden, or other place inspected [in- 

 fected] by any such injurious and dangerous pests, he may enter upon such 

 premises and establish quarantine regulations. If in his judgment any such 

 injurious and dangerous pests may be .eradicated by treatment, he may, in 

 writing, order such treatment and prescribe its kind and character. In case 

 any trees, shrubs, or plants are found so infested that it would be impracticable 

 to treat them he may order them burned. A failure for ten days after the 

 delivery of such orders to the owner or person in charge to treat or destroy 

 such infected plants or trees, as ordered, shall make it the duty of the ento- 

 mologist to perform this work, and to ascertain the cost thereof, and he shall 

 certify the amount of such costs to the owner or person in charge of the prem- 

 ises, and if the same is not paid him within sixty days thereafter he shall cer- 

 tify the amount thereof to the State's attorney of the county in which the said 

 infested trees or plants are found, whose duty it shall be to proceed forthwith to 

 collect the same of him in a civil suit, and to turn the amount so recovered over 

 to the State auditor to reimburse the State for the money so expended. 



§ 3. When nursery stock is shipped into the State, accompanied by a certificate 

 of inspection by a State entomologist from the State from which- said nursery 

 stock was shipped, stating that the stock has been inspected and found to be 

 free from any injurious insect pests and dangerous and contagious plant 

 diseases, it shall be held prima facie evidence of the facts therein stated ; but 

 the State entomologist, when he have reason to believe that any such stock is 

 nevertheless infested by any such injurious and dangerous pests, shall be 

 authorized to inspect the same and submit it to like treatment as that provided 

 for in section two hereof ; and if, by reason of the failure for forty-eight hours 

 of the owner of such stock to comply with the treatment prescribed or to destroy 

 the stock if so ordered, the State entomologist is required to perform the work 

 himself, and it shall be the duty of the entomologist to certify the amount of 

 the cost thereof to the mvner or person in charge of such stock so treated or 

 destroyed, and if the same is not paid to him within ten days thereafter he 

 shall certify the amount thereof to the State's attorney of the county in which 

 the stock may be found in an afiidavit, and it shall be the duty of such county 

 attorney to file such affidavit with the register of deeds of the county in which 

 said stock may be, and the same shall thereupon constitute a lien thereon, 

 which it shall be the duty of such State's attorney to proceed to collect forthwith 

 in a civil suit and to turn over the amount so recovered by him in such suit to 

 the State auditor to reimburse the State for the money so expended. 



§ 4. It shall be unlawful for any person, firm, or corporation to bring into 

 this State any trees, plants, vines, cuttings, or buds, commonly known as 

 nursery stock, unless accompanied by a certificate of inspection by a State 

 entomologist of the State from which the shipment is made, showing that the 

 stock has been inspected and found apparently free from any injurious insect 

 pests or dangerous and contagious plant diseases. 



§ 5. Any persons violating or failing to carry out the provisions of this act 

 or offering any hindrance to the same shall be adjudged guilty of a misde- 

 meanor, and upon conviction before any court having proper jurisdiction, 

 shall be fined not less than ten dollars nor more than one hundred dollars for 

 each and every offense, together with all the costs of the prosecution, and shall 

 stand committed until the same is paid. 



Approved JNiarch 6, 1905. 



