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The following is the act : 



[Chap. 95.] 



AX ACT to provide against depredations by the insect known as the Ocneria dispar or Gypsy Moth, 



Be it enacted, etc., as follows: 



Section 1. The Governor, by and with tlie consent of the Council, is hereby author- 

 ized to appoint a commission, of not exceeding three suitable and discreet persons, 

 whose duty it shall be to provide and carry into execution all possible and reason- 

 able measures to prevent the spreading and to secure the extermination of the Oc- 

 neria dispar, or Gypsy Moth, in this Commonwealth; and to this end said Commission 

 shall have full authority to provide itself with all necessary material and appliances 

 and to employ such competent persons as it shall deem needful; and shall also have 

 the right in the execution of the purposes of this act to enter upon the lands of any 

 person. 



Sec. 2. The owner of any land so entered upon, who shall suffer damage by snch 

 entry and acts done thereon by said Commission, or under its direction, may recover 

 the same of the city or town in which the lands so claimed to have been damaged 

 are situate by action of contract; but any benefits received by such entry and the 

 acts done on such lands in the execution of the purposes of this act shall be deter- 

 mined by the court or jury before whom such action is heard, and the amount thereof 

 shall be applied in reduction of said damages; and the Commonwealth shall refund 

 to said city or town one half of the amount of the damages recovered. 



Sec. 3. Said Commission shall have full authority to make from time to time such 

 rales and regulations in furtherance of the purposes of this act as it shall deem need- 

 ful; which rules and regulation shall be published in one or more newspapers pub- 

 lished in the county of Suffolk, and copies of such rules and regulations shall be 

 posted in at least three public places in each city or town in which said Ocneria 

 dispar or Gypsy Moth shall be found by such Commission to exist, and a copy thereof 

 shall be filed with the city or town clerk of each city or town. Any person who 

 shall knowingly violate any of the provisions thereof shall be punished for each vio-' 

 lation by a fine not exceeding twenty-five dollars. 



Sec. 4. Said Commission shall keep a record of its transactions and a full account 

 of all its expenditures, in such form and manner as shall be prescribed by the Gov- 

 ernor and Council, and shall also make return thereof to the Governor and Council 

 at such time or times and in such form as shall be directed by the Governor and Coun- 

 cil. The expenses incurred under this act shall be paid by the Commonwealth, except 

 claims for damages by the entry upon the lands of auy person and acts done thereon 

 by said Commission or by its direction, which shall be paid as provided in section 

 two of this act. 



Sec. 5. The Governor and Council shall establish the rate of compensation of the 

 Commissioners appointed under this act, and the Governor may terminate their com- 

 missions at his pleasure. 



Sec. 6. Any person who shall purposely resist or obstruct said Commissioners or 

 any person or persons under their employ while engaged in the execution of the pur- 

 poses of this act, shall be punished by a fine not exceeding twenty-five dollars for 

 each offense. 



Sec. 7. It shall be unlawful for any person to knowingly bring the insect known 

 as the Ocneria dispar or Gypsy Moth, or its nests or eggs, within this Commonwealth; 

 or for auy person knowingly to transport said insect or its nests or eggs from any 

 town or city to another town or city within this Commonwealth, except while en- 

 gaged in and for the purposes of destroying them. Any person who shall oftend 

 against the provisions of this section of this act shall be punished by a fine not ex- 

 ceeding two hundred dollars or by imprisonment in the house of correction not 

 exceeding sixty days, or by both said fine and imprisonment. 



Sec. 8. To carry out the provisions of this act a sum not exceeding twenty-five 

 thousand dollars may be expended. 



Sec. 9. This act shall take effect upon its passage. 



