SOUTH DAKOTA. 135 
owner, agent, or purchaser, or when he has reasonable grounds to believe that 
any such injurious and dangerous pests exist, to enter upon any of the grounds 
mentioned in section one hereof, public or private, for the purpose of inspection, 
and if he finds any nursery or orchard, garden, or other place inspected [in- 
fected] by any such injurious and dangerous pests, he may enter upon such 
premises and establish quarantine regulations. If in his judgment any such 
injurious and dangerous pests may be eradicated by treatment, he may, in 
writing, order such treatment and prescribe its kind and character. In case 
any trees, shrubs, or plants are found so infested that it would be impracticable 
to treat them he may order them burned. A failure for ten days after the 
delivery of such orders to the owner or person in charge to treat or destroy 
such infected plants or trees, as ordered, shall make it the duty of the ento- 
mologist to perform this work, and to ascertain the cost thereof, and he shall 
certify the amount of such costs to the owner or person in charge of the prem- 
ises, and if the same is not paid him within sixty days thereafter he shall cer- 
tify the amount thereof to the State’s attorney of the county in which the said 
infested trees or plants are found, whose duty it shall be to proceed forthwith to 
collect the same of him in a civil suit, and to turn the amount so recovered over 
to the State auditor to reimburse the State for the money so expended. 
§ 3. When nursery stock is shipped into the State, accompanied by a certificate 
of inspection by a State entomologist from the State from which said nursery 
stock was shipped, stating that the stock has been inspected and found to be 
free from any injurious insect pests and dangerous and contagious plant 
diseases, it shall be held prima facie evidence of the facts therein stated; but 
the State entomologist, when he have reason to believe that any such stock is 
nevertheless infested by any such injurious and dangerous pests, shall be 
authorized to inspect the same and submit it to like treatment as that provided 
for in section two hereof; and if, by reason of the failure for forty-eight hours 
of the owner of such stock to comply with the treatment prescribed or to destroy 
the stock if so ordered, the State entomologist is required to perform the work 
himself, and it shall be the duty of the entomologist to certify the amount of 
the cost thereof to the owner or person in charge of such stock so treated or 
destroyed, and if the same is not paid to him within ten days thereafter he 
shall certify the amount thereof to the State’s attorney of the county in which 
the stock may be found in an affidavit, and it shall be the duty of such county 
attorney to file such affidavit with the register of deeds of the county in which 
said stock may be, and the same shall thereupon constitute a lien thereon, 
which it shall be the duty of such State’s attorney to proceed to collect forthwith 
in a civil suit and to turn over the amount so recovered by him in such suit to 
the State auditor to reimburse the State for the money so expended. 
§ 4. It shall be unlawful for any person, firm, or corporation to bring into 
this State any trees, plants, vines, cuttings, or buds, commonly known as 
nursery stock, unless accompanied by a certificate of inspection by a State 
entomologist of the State from which the shipment is made, showing that the 
stock has been inspected and found apparently free from any injurious insect 
pests or dangerous and contagious plant. diseases. 
§5. Any persons violating or failing to carry out the provisions of this act 
or offering any hindrance to the same shall be adjudged guilty of a misde- 
meanor, and upon conviction before any court having proper jurisdiction, 
shall be fined not less than ten dollars nor 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. 
Approved March 6, 1905. 
