170 LAWS AGAINST INJUEIOUS INSECTS. 



of the aforesaid insects or plant diseases, sucli stock shall be held subject to 

 order of shipper, not to exceed ten days, before being declared a public nui- 

 sance and destroyed. All expenses incurred by the director or his assistants in 

 carrying out the provisions of this act shall be paid out of the funds appro- 

 priated by this act. 



Sec. 5. Any person violating or neglecting to carry out the provisions of this 

 act, or offering any hindrance to the carrying out of this act, shall be adjudged 

 guilty of a misdemeanor, and upon conviction before any justice of the peace 

 shall be fined not less than ten dollars and not more than one hundred dollars 

 for each and every offense, together with all the costs of the prosecution, and 

 shall stand committed until the same is paid. It shall be the duty of the prose- 

 cuting attorney to prosecute all violations of this act and all amounts so recov- 

 ered shall be paid over into the State treasury. 



Sec 6. The director shall make an annual report to the governor of the State, a 

 copy of which shall be sent to the West Virginia Horticultural Society at its 

 annual meetings, showing the number of nurseries inspected, the number of 

 certificates issued, the number of trees treated or disinfected by them or their 

 assistants, the kinds and amount of property destroyed by them in pursuance 

 of this act, and such other facts concerning the operation of their ofiice under 

 this act as the said director may deem necessary. 



Sec. 7. The provisions of this act shall not apply to florists' greenhouse plants, 

 bulbs, flowers, and cuttings commonly known as greenhouse stock. 



Sec. 8 (as amended by chapter 49, laws of 1903). The said assistants shall 

 make to said director an itemized statement of their expenses and the amounts 

 paid for such assistants employed in prosecuting the work under this act, which, 

 when certified by the said director, shall be paid out of the State treasury 

 upon the warrant of the auditor of the State. 



Sec. 9. [Makes appropriations for year 1901.] 



Sec 10. The act heretofore passed at the present session of the legislature is 

 hereby repealed. 



Passed by the legislature of West Virginia, February 16, 1901, and became 

 effective ninety days from its passage. 



Chapter 61 of the Acts of 1905. 



An Act to amend and reenact chapter 48 of the acts of 1903, relating- to the sale of fruit 

 trees, vines, and shrubbery, and to add thereto sections 3 and 4. 



Be it enacted l)y the legislature of West Virginia: 



1. That chapter forty-eight of the acts of nineteen hundred and three be 

 amended and reenacted so as to read as follows : 



Section 1. That every dealer in and grower of fruit trees, vines, and shrub- 

 bery, whether in or out of this State, who employs traveling salesmen or agents 

 for the sale of fruit trees, vines, or shrubbery in this State shall, before he is 

 authorized to do business, take out a license in some county in this State, said 

 license to be issued by the assessor in like manner as other licenses, and he shall 

 pay to the sheriff of the county wherein said license is issued the license fee, 

 which is hereby fixed at ten dollars per annum. Every such dealer or grower, 

 as hereinbefore mentioned, whether such dealer be an individual, firm, or corpo- 

 ration, shall file with the clerk of the county court in each county where such 

 individual has traveling salesmen or agents a list of all agents or traveling sales- 

 men in said county representing such dealer or grower, which list when filed 

 shall be open to public inspection. 



