168 LAWS AGAIXST INJURIOUS IXSECTS. 



WEST VIKGrSTA. 



Chaptee 33. Acts of 1901. 



Ax Act to prevent the introduction and spread of the San Jose scale and other danger- 

 ous insects and dangerously contagious diseases affecting trees, shruhs, vines, plants, 

 and fruits. 



Be it enacted by the legislature of West Virginia: 



1. That the director of the West Virginia agricultural experiment station, im- 

 mediately on the taking effect of this act. shall appoint a competent person or 

 persons who shall, under the direction of the said director, perform the duties 

 hereinafter provided. 



Sec. 2 (as amended by chapter 49. Laws of 1903). It shall be the duty of the 

 director, either in person or through his assistants, to seek out and devise 

 means of suppressing and eradicating throughout the State the San Jose scale 

 and other dangerous insects, and tree, shrub, vine, or plant diseases. Black 

 knot and peach yellows are hereby declared to be dangerous within the meaning 

 of this act. and trees, shrubs, vines, or plants affected with either of these dis- 

 eases shall be subject to its provisions. The mention of San .Jose scale, peach 

 yellows, and black knot, in this section, shall not be held to exclude other 

 insects or diseases, which may be found to be dangerous, from the provisions of 

 this act. Said director in person, or through his assistants, shall examine once 

 in each year, not later than September fifteenth, all nurseries in the State of 

 West Virginia, as to whether they are infested with San Jose scale or other 

 dangerous insects, or infected with dangerous contagious tree, vine, shrub, or 

 plant disease*; : and if upon inspection such nurseries appear to be free from 

 such insects or diseases, the director shall give each owner of such nursery or 

 nurseries a certificate to the facts. Nurserymen must furnish transportation 

 to and from railway station and facilities for reaching their growing stock to 

 such person or assistant selected by the director to make said inspection. This 

 certificate shall be void after September fifteenth of the year following. A 

 duplicate of each certificate, together with a statement of amount received there- 

 for, shall be filed by said person or assistant with said director within ten 

 days of its issue, and neglect to file such duplicate of certificate and statement 

 shall be treated as a misdemeanor. If any dangerously injurious insects or 

 infectious diseases are found on the premises of any nursery or nursery stock 

 the director may order and enforce such treatment of said nursery stock as he 

 may deem sufficient, in addition to a thorough inspection, before granting a cer- 

 tificate. 



Whenever a nurseryman, or any person shall ship or deliver within this State, 

 except for scientific purposes, trees, shrubs, plants, or other nursery stock, he 

 shall place upon each carload, box, bale, or package a copy of a certificate, the 

 original of which is signed by a State or Government inspector, stating that such 

 stock has been inspected and has been found apparently free from dangerous 

 insects and dangerously contagious tree, shnib. vine, and plant diseases. The 

 illegal use of said certificates by changing, defacing, or placing it on unin 

 spected stock, or using the same after date of expiration or revocation, shall 

 render the owner or shipper liable to the penalty prescribed for a violation of 

 this act. No person growing for sale any trees, shrubs, vines, or plants, shall 

 deliver the same without applying to the director for the certificate provided 

 for in this act. 



No person growing for sale, or having in his possession with intent to sell, 

 any trees, shrubs, vines, or plants, shall deliver the same before having thor- 



