172 LAWS AGAINST INJUKIOUS INSECTS. 



Sec. 2. In case the agent of the said director shall find present on any nursery 

 premises, or packing ground, or in any cellar or building used for the storage 

 of nursery stock, or on any fruit or garden plantation any of the aforesaid 

 San Jose scale or other Injurious insects and fungus diseases he shall notify the 

 owner, or the person having charge of such premises for the owner, in writing, 

 to that effect, and if such owner, after receiving such notice, shall ship or 

 deliver any trees, vines, shrubs, or plants affected by such San Jose scale or 

 other injurious insects and fungus diseases he shall be subject to the paj^ment 

 of a penalty or forfeiture as hereinafter provided. 



Sec. 3. Whenever any trees, shrubs, plants, or vines are shipped into this 

 State from another State, country, or province without a certificate plainly 

 fixed on the outside of the package, box, or car containing the same, showing 

 that the contents had been inspected by a duly appointed State or Government 

 oflicer, and that they appear free from San Jose scale and other injurious 

 insects and fungus diseases, the fact must be promptly reported to the said 

 director by the railway, express, or steamboat company or other persons car- 

 rying the same, with the statement of the source whence such articles came, 

 and the party to whom they are addressed ; and any railway, steamboat, or 

 express company or person who shall violate the provisions of this section shall 

 be subject to the payment of a penalty or forfeiture as hereinafter provided. 



Sec. 4. Any person growing or offering for sale in this State any nursery 

 stock that is known to be infected with San Jose scale or other injurious 

 insects and fungus diseases shall, upon demand of the said director, furnish 

 within twenty days a list of all persons, as far as to him known, to whom he 

 has sold or delivered any such stock, together with the post-oflBce address of 

 each of such persons, so far as to him known ; such information shall be pre- 

 served and be for the sole use of the said director and his agent in carrying 

 out the provisions of this act. And any person violating the provisions of this 

 section shall be liable to the payment of a penalty or forfeiture as hereinafter 

 provided. 



Sec 5. The said director shall cause to be issued to the owner of any nursery 

 in this State, after the nursery stock therein has been properly inspected and 

 found to be apparently free from San Jose scale or other injurious insects and 

 fungus diseases, an official certificate to that effect, good for a period not to 

 exceed one year, upon a payment to the said director the sum of five dollars 

 for each ten acres of land owned or leased by such nurseryman in this State 

 that is devoted wholly or in part to nursery stock, grown for sale purposes, and 

 such owner may apply to said director for inspection of his premises for the 

 purposes of securing such certificate, and the said director shall cause such 

 inspection to be made within three months after receiving the application, 

 unless such inspection shall be delayed by winter weather, but no such certifi- 

 cate shall be issued covering only a part of the nursery stock owned by one 

 person, nor to cover nursery stock received after such inspection was made ; 

 and any such certificate may be cancelled by the said director upon the dis- 

 covery in such nursery of the San Jose scale or other injurious insects and fun- 

 gus diseases. 



Sec G. Any nurseryman holding a valid certificate, issued as prescribed in 

 section 5 of this act, may apply to the said director for official labels or tags. 

 for which the said director may charge a sum not to exceed thirty cents per 

 hundred, which labels or tags shall certify that the packages or bundles of 

 nursery stock to which they are attached are from nursery stock that has been 

 officially inspected and found apparently free from San Jose scale or other 

 injurious insects and fungus diseases ; but no such tags or labels shall be used 



