146 LAWS AGAIKST INJURIOUS INSECTS. 



DISPOSITION OF INFESTED NUKSERY STOCK BEARING CERTIFICATE. 



(6) If any nursery stock shipped into the State of Texas under certificate 

 required in section 3 is not free from insect pests or contagious diseases, the 

 certificate shall be disregarded, and the nursery stock shall be held to have been 

 shipped without certificate, and will be disposed of as provided for in section 4; 

 and when it comes to the knowledge of the commissioner of agriculture that 

 any person, firm, or corporation is shipping into this State, or is about to ship, 

 any trees, plants, shrubs, or other nursery stock under false certificate, such 

 commissioner shall forbid such shipments and give warning to the public of the 

 same. , 



NURSERYMEN TO APPLY FOR INSPECTION BEFORE JULY 1. 



(7) Persons or firms in the State of Texas growing for sale trees, cuttings, 

 shrubs, vines, or other plants commonly known as nursery stock shall make 

 application to the commissioner of agriculture for inspection and certificate on 

 or before the 1st of July of each year, except for j-ear 1905 ; application for this 

 year on or before August 15th. Any person, corporation, or firm failing to make 

 application to have his or their stock inspected as aforesaid after receipt of 

 notice of this rule shall not be permitted to offer for sale in this State any of 

 said stock not inspected : Provided, That such person, corporation, or firm may 

 make written application to the commissioner of agriculture to be relieved of 

 his or their default and consequences, and offering to pay any additional ex- 

 pense incurred by the State and its officers by reason of such failure. The 

 commissioner of agriculture may, upon a proper showing, order an inspection of 

 said nursery. 



OFFICIAL CERTIFICATE AND TAGS — HOW SECURED OUT OF THE STATE. 



(8) Any person or persons residing in States or countries outside of the State 

 of Texas, dealing in or handling shrubs, trees, or other plants in this State, or 

 shipping trees, shrubs, or other plants therein, shall file with the commissioner 

 of agriculture of Texas a certified copy (or a signed duplicate of original) of 

 the certificate issued by the entomologist, fruit inspector, or other duly author- 

 ized official of the State or country in which said stock was grown. Such cer- 

 tificate for nurseries south of the northern boundary line of North Carolina, 

 Tennessee, and Arkansas must be based upon an inspection made not earlier 

 than July 1st, and for nurseries north of said line upon an inspection made not 

 earlier than June 1st. 



COMMON CARRIERS MUST REPORT UNCERTIFIED STOCK. PENALTY FOR NEGLECT. 



(9) Any nursery stock shipped into the State of Texas without certificate 

 as provided for in section 3 shall be reported to the commissioner of agricul- 

 ture within 24 hours by the railroad, express, or other transportation company 

 or other person or persons carrying the same. Any agent of any such railroad, 

 express, or other transportation company, or any person or persons who shall 

 violate the provisions of this act, shall be punished by a fine of not less than 

 $50.00 nor more than $200.00 for each offense. 



DISPOSING OF UNCERTIFIED STOCK BY CONSIGNEE. PENALTY FOR NEGLECT. 



(10) The consignee or person receiving uncertified nursery stock shall, before 

 selling, using, or disposing. of same, fumigate such stock, in accordance with 



