54 LAWS AGAINST INJURIOUS INSECTS. 
nursery stock free from San Jose scale and other destructively injurious insect 
and fungus enemies, he is hereby authorized and directed to make out and 
deliver, in writing, to the owner of such stock a certificate stating that he has 
inspected such stock and found the same free from San Jose scale and other 
destructively injurious insect and fungus enemies, and he shall file similar 
certificates with the commissioner of agriculture and statistics and with the 
president of the State Agricultural and Mechanical College, which certificates 
shall at all times be subject to public inspection. 
§5. Whenever a nurseryman, fruit grower, or agriculturist in this Common- 
wealth shall know or have good reason to believe that his trees, vines, or plants 
are affected with San Jose scale, yellows, rosette, or other destructive insect or 
fungus enemies, he shall have the privilege. and it shall be his duty. to notify the 
State entomologist, who shall proceed to the premises designated and examine 
the same and suggest and recommend the proper remedies for the destruction of 
such insect or fungus enemies as may be present. 
§ 6. Every package of trees, vines, plants, or other nursery stock shipped into 
this State from another State shall be plainly labeled on the outside with the 
name of the consignor, the name of the consignee, the contents, and a certificate, 
signed by a State or Government insnector, showing that the contents have been ~— 
examined by him, and that such stock is free from San Jose scale, or other 
destructive insect or fungus enemies. Whenever any trees, vines, plants, or 
other nursery stock are shipped into this State without such a certificate plainly 
fixed on the outside of each package, the fact may be reported to any justice of 
the peace of this Commonwealth, and said justice shall issue a summons for 
the consignee of such package, and the agent of the consignor, if he be known, 
to appear before him on a certain day, to be therein named, to show cause why 
such trees, vines, plants, or other nursery stock should not be seized, as being 
in violation of the provisions of this act, and on trial thereof, if said justice be 
satisfied that the provisions of this act have been violated, he shall order such 
agent or consignee to return such package of trees, vines, plants, or other stock 
immediately to the shipper or consignor, unless said consignee or agent shall 
forthwith, and at his own expense, have such trees, vines, plants, or other 
nursery stock examined by the State entomologist, or such person as he may 
appoint to make the examination, and he certifies to the justice of the peace 
that such nursery stock is free from San Jose scale or other destructive insect 
or fungus enemies. If such consignee or agent fail to have such inspection 
made, or fail to return such packages to the shipper or consignor thereof, then 
the justice of the peace shall order and direct the constable or sheriff to burn 
and destroy, at the expense of the agent or consignee, all such trees, vines, 
plants, or other stock as have been shipped into this Commonwealth in violation 
of law. 
§ 7. The sum of five hundred dollars annually, or so much thereof as may be 
necessary, is hereby appropriated for the purpose of paying the expenses of 
the State entomologist in the performance of his duties under the provisions of 
this act, and the auditor of public accounts is hereby directed to honor requisi- 
tions made by said State entomologist for expenses incurred in the performance 
of his duties, and the State entomologist shall make annual report to the 
treasurer of the amount expended. 
§ 8. Inasmuch as the insect known as the San Jose scale has appeared in 
some sections of this Commonwealth, and great destruction of fruit and fruit 
trees is imminent, therefore an emergency is declared to exist, and the act shall 
take effect from and after its passage and approval by the governor. 
Approved May 20, 1897. 
