VIRGINIA. 155 



merit of the infested plants, which directions may be in print or in writing. In 

 case of objection to the findings of the State entomologist, or an assistant or 

 local inspector, an appeal shall lie to the said board, whose decision shall be 

 final ; such appeal must be taken within seven days from the receipt of the re- 

 port, and shall act as a stay of proceedings until it is heard and decided. 



Sec. 5. Upon the receipt of the report of the State entomologist, an assistant, 

 or local inspector, the treatment prescribed shall be executed at once (unless an 

 appeal is taken) under the supervision of the local inspector, the cost of material 

 and labor to be borne by the owner of the premises. 



Sec. 6. In case any person, firm, or corporation fail or refuse to execute the 

 directions of the State entomologist, an assistant, or local inspector, or of the 

 said board after an appeal, the .judge of the circuit court of the county or corpo- 

 ration court of the city in which such person, firm, or corporation are then 

 residents shall, upon complaint filed by the State entomologist, or an assistant 

 or local inspector, or by any freeholder, cite the person, firm, or corporation to 

 appear before him at the first regular session of the circuit or corporation court or 

 in vacation, and upon satisfactory evidence of such failure or refusal shall cause 

 the prescribed treatment to be executed, and the expense thereof and cost of 

 court shall be collected by execution from the owner or owners of the infested 

 plants, and any judgment of the court entered against any person, persons, firm, 

 or corporation in any such cause shall be a lien upon all real estate owned in 

 whole or in part by any such person, persons, firm, or corpo'ration. 



Sec. T. The said board of crop pest commissioners, its agents or employees, 

 are hereby empowered with authority to enter upon any premises and to 

 examine all plants and trees whatsoever in discharge of the duties herein pre- 

 scribed. Any person, persons, firm, or corporation who shall obstruct or hinder 

 them or their agents in the discharge of their duty shall be deemed guilty of a 

 misdemeanor, and upon conviction thereof shall be fined not less than twenty 

 ($20.00) dollars nor more than fifty ($50.00) dollars for each such offence. 



Sec. 8. It shall be unlawful to deliver or give away within the boundaries 

 of this State plants or parts of plants commonly known as nursery stock which 

 have not been duly inspected in accordance with the provision of this act and 

 carry plainly attached to each car load, box, bail, and package a copy of a 

 certificate as herein provided, except that in case of nursery stock shipped into 

 the State from without, the board of crop pest commissioners shall provide by 

 regulation for the acceptance of proper certificates from other States, and when 

 so accepted shall issue an official tag designating the fact, and nursery stock 

 carrying the same may be reshipped under the certificate above provided for. 



Each and every vicrlation of this section shall constitute a misdemeanor, and 

 upon conviction thereof every person, persons, firm, or corporation so convicted 

 shall be fined in a fum of not less than twenty-five ($25.00) dollars nor more 

 than fifty ($50.00) dollars. This section shall not be so construed as to affect 

 the action of common carriers in the transportation of nursery stock under the 

 provisions of interstate commerce. 



Sec. 9. Upon a petition signed by ten freeholders of any city, county, or 

 magisterial district, it shall be the duty of the State entomologist, in person or 

 by an assistant, to make a preliminary investigation of the locality from which 

 the petition is received, to ascertain if anj^ trees or plants be infested with the 

 insect known as the San Jose scale. If, upon such preliminary investigation, it 

 shall appear that the San Jose scale is present in the territory examined, the 

 State entomologist shall appoint a local inspector, and order a full inspection 

 of such city, county, or magisterial district to discover and locate all infested 

 premises ; and the local inspector shall report the results of such further inspec- 



