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he shall send on each package so shipped or deliverea a written certificate, signed 
by him, stating that the whole and every part of such stock has been examined by a 
State or Government entomologist and found free from San Jose scale or other destruc- 
tively injurious insects or fungus enemies. Failure to furnish such certificate, or 
furnishing a false certificate, shall render him liable to the penalty of a fine of $50 
for each and every such shipment or delivery without such certificate. 
Sec. 4. When the State entomologist examines any trees, vines, plants, or other 
nursery stock in this State, under the provisions of this act, and finds such 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 agri- 
culture and statistics and with the president of the State Agricultural and Mechan- 
ical College, which certificate shall at all times be subject to public inspection. 
Sec. 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 the 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 ento- 
mologist, 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 that may be present. 
Src. 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 the certificate, signed by a 
State or Government inspector, showing that the contents have been examined by 
bim, 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 this act, and on trial thereof, if said jus- 
tice be satisfied that the provisions of this act have been violated, he shall order 
said agent or consignee to return such package of trees, vines, plants or other stock 
immediately to the shipper or consignor, unless such 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 insects or fungus enemies. If 
such consignee or agent fail to have such inspection made, or fail to return such 
package 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. 
Sec. 7. The sum of $500 annually, or so much thereof as may be necessary, is 
hereby appropriated for the purpose of paying the expenses of the State entomolo- 
gistin the performance of his duties under the provisions of this act, and the auditor 
of public accounts is hereby directed to honor requisitions made by said State ento- 
mologist for expenses incurred in the performance of his duties, and the State ento- 
omlogist shall make annual report to the treasurer of the amount expended. 
Sec. 8. Inasmuch as the insect known as the San Jose scale has appeared in some 
sections of the Commonwealth, a great destruction of fruit and fruit trees is immi- 
nent therefrom, an emergency is declared to exist, and this act shall take effect from 
and after its passage and approval by the governor, 
Approved May 20, 1897, 
