TEXAS. 143 



ber first of each and every nursery or other place where trees, shrubs, or phints, 

 commonly known as nursery stock, are grown for sale, for the purpose of ascer- 

 taining whether the trees, shrubs, or plants therein kept or propagated for 

 sale are infected with any such contagious disease or diseases or infested with 

 such pest or pests. If after such examination it is found that the said trees, 

 shrubs, or other plants so examined are free in all respects from any contagious 

 or infectious disease or diseases, dangerously injurious pest or pests, the said 

 commissioner, or his duly authorized agent or other person designated to 

 make such examination, shall, upon the payment of the fees hereafter provided, 

 issue to the owner or proprietor of the said stock so examined a certificate 

 setting forth the fact that the stock so examined is apparently free from any 

 and all such disease or diseases, pest or pests. Should any nursery 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 

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

 destroy such certificate, or wrongfu41y be in possession of such certificate, he 

 shall be guilty of a misdemeanor, and upon conviction shall be punished by a 

 fine of not less than one hundred dollars nor more than five hundred dollars. 

 All nursery stock consigned for shipment or shipped by 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 person selling or 

 consigning for shipment, or shipping nursery stock as above, without such cer- 

 tificate attached, shall be guilty of a misdemeanor, and shall be punished by a 

 fine of not less than one hundred dollars nor more than five hundred dollars. 

 All trees, plants, shrubs, buds, or cuttings, commonly called nursery stock, 

 grown in any nursery in this State in which San Jose scale has been found 

 within two j'ears of the date of the dissemination of said nursery stock, or grown 

 in said nursery within one-half a mile of where said scale was found, and also 

 fill nursery stock from outside of this State disseminated or planted in this 

 State, after the first day of November, 1905, must be fumigated with hydro- 

 cyanic gas in such manner as may be directed by the commissioner of this State. 

 Such fumigation must be done by the grower, consignor, or consignee of such 

 stock before planting, dissemination or reshipment, except such trees, shrubs, 

 plants, buds, or cuttings grown in this State as are planted by the grower or 

 propagator for himself, or such as from its nature or state of growth would be 

 exempt ; in such cases the commissioner shall declare such trees, shrubs, plants, 

 buds, or cuttings free from such treatment. All nursery stock brought into this 

 State from outside of this State must be accompanied by a certificate from the 

 consignor that it has been fumigated as aforesaid. Whenever any trees, shrubs, 

 plants, or other nursery stock are shipped into this State from another State, 

 county, or province, every package thereof shall be plainly labeled on the 

 outside with the name of the consignor, the name of the consignee, the contents, 

 and, in addition to the certificate of fumigation above provided for, by a cer- 

 tificate showing that the contents have been inspected by a State or Government 

 officer, and that the trees, shrubs, plants, or other nursery stock therein con- 

 tained appear to be free from all injurious insects or diseases. 



Sec. 3. Whenever any nursery stock is shipped into this State without such 

 certificate, the fact shall be reported to said commissioner within twenty-four 

 hours by the railroad, express, or other transportation company, or other per- 

 son or persons carrying the same ; and any agent of any such railroad, express, 

 or other transportation company, or any person or persons who shall violate the 

 provisions of this article shall be punished by a fine of not less than fifty nor 

 more than two hundred dollars for each offense. The consignee or person re- 



