48 LAWS AGAINST INJURIOUS INSECTS. 
infected with contagious plant diseases, liable to spread or be conveyed to other 
premises, to the serious injury of the property thereon, he shall notify in writing 
the owner or the person 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 measures as Shall prevent the conveyance or spread of such insects or 
disease to the property of others, and such infested or infected property shall 
not be removed after the owner or person in charge of the same shall have been 
notified in writing as aforesaid without the written permission of the entomolo- 
gist. If the person so notified shall refuse or neglect to treat and disinfect said 
premises or property in the manner and within the time prescribed in said 
notice, it shall be the duty of the State entomologist to cause such property or 
premises to be so treated, and he shall certify to the owner or person in charge 
of the premises one-half the amount of the cost of treatment, and if not paid to 
him within sixty days thereafter the same may be recovered, together with the 
cost of action, before any court in the State having competent jurisdiction: Pro- 
vided, That any orchard property found infested by the San José scale which 
the State entomologist has good reason to believe became so infested before the 
year 1899 shall be once thoroughly treated and disinfected by the entomolo- 
gist without charge to the owner of said infested property: And further pro- — 
vided, That any part of such property which may, in the judgment of the ento- 
mologist, be so badly infested by the San José scale as to be worthless may be 
destroyed by him or his assistant without liability for compensation to the 
owner thereof, and if he should find that such orchard or fruit plantation or 
other property or place in this State is not so infested, that he shall be required 
to give the owners thereof a certificate to that effect without charge. 
§ 3. Whenever any trees, shrubs, plants, or vines are shipped into the State 
from some other State, country. or province, every package thereof shall be 
plainly labeled on the outside with the name of the consignor, the name of the 
consignee, and a certificate showing that the contents have been inspected by a 
State or Government officer, and that the trees, vines, shrubs, or plants therein 
contained appear free from all dangerous insects or diseases. Whenever any trees, 
shrubs, vines, or plants are shipped into this State without such certificate 
plainly fixed on the outside of the package, box, or car containing the same, the 
facts must be reported within twenty-four hours to the State entomologist by - 
the railway. express, or steamboat company, or other person or persons carrying 
the same, and it shall be unlawful! to deliver any such property until it has been 
inspected by the State entomologist or his assistants and by him or them certi- 
fied to be free from dangerous insects or contagious diseases. Any agent of any 
railway, steamboat, or express company, or other person or persons carrying. 
such property as aforesaid, who shall fail to give such notice as above required 
shall be deemed guilty of a violation of 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 State entomologist, by 
himself or his assistants, when they have reason to believe that any such stock 
is infested with dangerous insects, or is infected with contagious diseases, shall 
be authorized to inspect the same and subject it to like treatment as provided in 
section 2 of this act. 
§ 4. 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 misdemeanor, and, upon conviction before a 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 State’s attorney 
