THE NATIONAL NURSERYMAN. 
9 
NEW CANADIAN LAW. 
Act Just Passed by Ontario Assembly to Govern San Jose Scale 
—Infested Nursery Stock May Be Destroyed —Ow ner May 
Obtain One-Quarter Value of Stock so Destroyed. 
We are indebted to Stone & Wellington, Toronto, Ontario, 
for the following copy of the law just enacted by the Ontario 
assembly for the regulation of the San Jose scale: 
AN ACT 
To prevent the spread of San Jose scale. 
Her majesty, by and with the advice and consent of the legislative 
assembly of the Province of Ontario, enacts as follows: 
1 . This act may be cited as the San Jose scale act. 
2 . Iu this act the word “minister” shall mean the minister of agri¬ 
culture for the Province of Ontario. 
The word “plant” shall mean any tree, vine, shrub or plant, or any 
part of a tree, vine, shrub or plant, or the fruit of any tree, vine, shrub 
or plant. 
The word “scale’’shall mean the San 
Jose scale insect in any of its stages of 
development. 
3 . No person shall import or bring, or 
cause to be imported or brought into tbe 
Province of Ontario, for any purpose 
whatsoever, any plant infested with scale. 
4 . No person shall keep, or have, or 
offer for exchange or sale, any plant 
infested with scale. 
5 . For the purpose of scientific investi¬ 
gation the minister may from time to time, 
by writing given under his hand, except 
such persons as he may deem proper from 
the operation of the two preceding sec¬ 
tions, and while acting under such per¬ 
mission, such persons shall not be subject 
to the penalties imposed by this act. . 
6 . Any person having reason to suspect 
any plant in his possession or in his 
charge, or keeping, is infested with the 
scale shall forthwith communicate with 
the minister in regard to the same, and 
shall furnish the minister with all such 
information in regard to the source or 
origin of the said infestation and the 
extent and nature of the same as he may 
be able to give. 
7 . Whenever the scale exists, or is sup¬ 
posed to exist on any plant, the minister 
may direct a competent person to make 
an examination and inspection and may 
infested, or such part as he may deem advisable, shall be immediately 
destroyed by burning either by the person appointed to make the 
inspection, or by the person owning or having possession of the said 
plant or some other person so directed in writing, and the person so 
directed shall make a full report to the minister in writing as to the 
nature and extent of the work so performed, together with a fair 
estimate of the value of the plant destroyed. 
8 . For the purpose of enforcing this act, it shall be the duty of 
every inspector appointed under the yellows and black knot act to 
make careful examination and inspection for the occurrence of the scale 
within the municipality for which he is appointed, and to report forth, 
with to the minister every case of infestation, and neglect to make 
such report shall render the inspector liable to the penalties imposed 
under section 11 of this act. 
9 . Any person appointed by the minister under this act to inspect, 
or to destroy any plant, for the purpose of enforcing the provisions of 
the act, shall, upon producing his authority in writing, have free 
access to any nursery, orchard, store, storeroom, or other place where 
it is known, or suspected, that any plant is kept. 
10 . Upon the recommendation of the minister there may be paid out 
of the consolidated revenue fund of the province to the owner of any 
plant so destroyed a sum not exceeding one-fourth of the value thereof 
(not including fruit) as reported upon by such officer or other compe¬ 
tent person, appointed as aforesaid, but nothing in this section shall 
apply to any plant imported into the province within a period of one 
year prior to the examination by the officer aforesaid. 
11 . Any person neglecting to carry out the provisions of this act, or 
any person offering any hindrance to the carrying out of this act shall, 
upon summary conviction, be liable to a fine of not less than $20 nor 
more than $100 together with costs, and in default of payment thereof 
shall be subject to imprisonment in the common gaol for a period of 
not less than ten days nor more than thirty days. 
12 . I he lieutenant-governor in council may by order direct that 
other scale insects be included in the provisions of this act, and there¬ 
after during the continuance of such order-in-council the word “scale,” 
in this act shall include all such other scale insects. Public notice of 
such order-in council shall be given by publication in two successive 
issues of the Ontario Gazette. 
Closely following the passage of the bill, supplementary 
estimates were brought down in 
which were several thousand dollars 
appropriated to pay the inspectors, 
so that the act will be carried rigidly 
into effect. 
JAMES H. MYER. 
James H. Myer was born at Sau- 
gerties, Ulster county, N. Y., Sep¬ 
tember 16, 1859. Five years after¬ 
ward he removed to Delaware, where 
his father, David S. Myer, began the 
business of nurseryman and fruit 
grower. James H. Myer has grown 
up in the business. 11 e was admitted 
to the firm of Myer & Son in 1885, 
becoming at that time general mana- 
ager. In October, 18S8 David S. 
Myer died. The business is now 
conducted by James H. Myer, under 
the firm name of Myer & Son. 
The Bridgeville Nurseries at 
Bridgeville, Del., consist of two 
hundred acres in bearing fruits, com¬ 
prising the new and old standard 
varieties. Specialties are peach 
order that any plant ^ so trees> strawberry plants, Eldorado and Maxwell’s Early black¬ 
berries ; Loudon, Columbian, Logan and Miller Red rasp¬ 
berries. 
JAMES H. MYER. 
J. M. Samuels, Clinton, Ky., offers a general line of nursery 
stock. 
All the officers, president, vice-president, secretary and 
treasurer, of Iowa Horticultural Society, are nurserymen. 
In a copy of the Rochester, N. Y.. Telegraph of October 28, 
1823, recently presented to the Rochester Historical Society, 
is an advertisement of the first nurseryman in this country, Will¬ 
iam Prince, Flushing, L. I., in which he offers shrubs and 
plants and concludes as follows: “The Livingston Journal 
and Spirit of Times (Batavia), will please insert this three 
weeks and send their bills to Smith & Beebe, Rochester.’’ 
Nichols & Lorton, Davenport, Ia. —“Enclosed please find $1 
for National Nurseryman for 1898 . Valuable paper. Best pub¬ 
lished.” 
