WEST VIRGINIA. 169 



oughly fumigated the same according to rules prescribed by said director or 

 other State and Government inspector. 



Sec. 3 (as amended by chapter 49, laws of 1903). It shall further be the 

 duty of said director, through his assistants, to cause the examination of all 

 orchards, gardens, and other premises, either public or private, which they shall 

 have reason to suppose to be infested or infected with any dangerously inju- 

 rious insects or infectious diseases liable to spread or to be conveyed to other 

 premises, and for this purpose said director and his assistants are authorized, 

 during reasonable business hours, to enter into or upon any farm, orchard, nurs- 

 ery, garden, storehouse, or other building or place used for growing, staring, 

 packing, or sale of nursery and other horticultural products. If said director 

 or his assistants shall find on inspection, as aforesaid, that any nursery, or- 

 chard, garden, or other property or place is infested or infected with such dan- 

 gerously injurious insects or infectious diseases, liable to spread or to be con- 

 veyed to other premises, to the serious injury of the property thereon, the same 

 shall be declared a public nuisance ; and he shall notify, in writing, the owner 

 or persons in charge of such infested or infected property, and shall direct him, 

 within a time and in a manner prescribed in such notice, to use such means as 

 shall prevent the conveyance or spread of such insects or diseases to the prop- 

 erty of others ; and such infested or infected property must not be removed 

 from the premises after the owner or person in charge of the same shall have 

 been notified, as aforesaid, without the written permission of said director or 

 his assistants. If the person so notified shall refuse or neglect to treat and 

 disinfect said premises or property, in the manner and within the time pre- 

 scribed, it shall be the duty of the director to cause such premises or property 

 to be so treated, and they shall certify to the owner or person in charge of such 

 premises the cost of the treatment. If said sum is . not paid to them within 

 sixty days thereafter the same may be recovered, together with the cost of 

 action, before any court in the State having competent jurisdiction. 



Any tree, plant, shrub, et cetera, which may, in the judgment of the director 

 or his assistants, be so badly infested or infected as to render expense of treat- 

 ment unjustifiable, shall be declared a public nuisance, and may be destroyed 

 by them or their assistants without liability for compensation to the owner 

 thereof. Right of appeal from the decision or requirements of the assistants 

 may be made to the said director v/ithin three days after notice of such decision 

 or requirements has been served, and the decision of the director shall be final. 



Sec. 4 (as amended by chapter 49, Laws of 1903). Every package of trees, 

 shrubs, vines, or plants shipped into this State from any other State, Territory, 

 country, or province, shall be plainly labelled on the outside with the names of 

 the consignor and consignee, and a certificate showing that the contents have 

 been inspected by a State or Government officer, and that the trees, shrubs, 

 vines, or plants therein contained have been fumigated, according to rules pre- 

 scribed by the State or Government officer, and appear to be free from all dan- 

 gerous insects and dangerously infectious diseases. If any trees, shrubs, vines, 

 or plants are shipped into this State without such certificate plainly affixed on 

 the outside of the package, box, or car containing the same, the consignee 

 thereof shall not receive, use, or distribute the same until the consignor shall 

 have affixed thereto the certificate of inspection required by this act. When 

 nursery stock is shipped into this State accompanied by a certificate, as herein 

 provided, it shall be held prima facie evidence of the facts therein stated. But 

 the director or his assistants, when they have reason to believe that any such 

 stock is infested or infected, as heretobefore described, shall be authorized to 

 inspect the same. In case such stock is found to be infected or infected by any 



