Chap. 829.—An ACT to eradicate the San Jose or pernicious scale, a disease
affecting fruit-trees, and to prevent its spread.

Approved March 5, 1896.

Whereas the fruit industry in Virginia is threatened with serious
and irreparable damage by a disease known as the San Jose or per-
nicious scale, now present in some parts of the state; therefore,
1. Be it enacted by the general assembly of Virginia, That the
board of control of the state agricultural experiment station be, and
as hereby, empowered and directed to take immediate action to sup-
press and eradicate this insect.

2. The said board is hereby authorized and required to designate
a member of the scientific staff of the agricultural experiment sta-
tion to act as an inspector under the provisions of this act, and it
shall be the duty of the said board to promulgate at once rules and
regulations in accordance with this act for the government of the
said inspector in the duties devolving upon him in the execution of
the provisions of this act; and the said board may further employ
temporarily an assistant by the day for the purpose of executing the
orders of the inspector in regard to the treatment of the infected
plants.

3. The inspector shall have power under the regulations of the
said board to determine whether any infested plants are worthy of
remedial treatment or shall be destroyed; and he shall immediately
report his findings in writing, giving reasons therefor, to the owner of
the infested plants, his agents or tenants, and a copy of each such re-
port shall also be submitted to the said board. In case of objection
to the findings of the inspector, an appeal shall be to the said board,
whose decision shall be final; an appeal must be taken within three
days, and shall act as a stay of proceedings until it is heard and de-
cided. .

4. Upon the findings of the inspector in any case of infested plants,
the treatment prescribed by him shall be executed at once (unless
an appeal is taken), under his supervision; cost of material and
labor shall be borne by the owner; provided, however, that in case
the plants shall be condemned they shall be destroyed by the inspec-
tor, and the expense of such action shall be borne by the owner.

5. In case any person or persons refuse to execute the direction of
the inspector or of the said board after an appeal, the county judge
shall, upon complaint filed by the inspector or any freeholder, cite
the person or persons to appear before him at the first regular session
of the county court, and upon satisfactory evidence shall cause the
prescribed treatment to be executed, and the expense thereof and
costs of court shall be collected by warrant from the owner or owners
of the infested plants.

6. It shall be unlawful to offer for sale, sell or transport plants.
scions, trees, shrubs or vines known to be infested with the San Jose
scale. Any person or persons violating this section shall upon con-
viction thereof be fined not less than fifty dollars nor more than
one hundred dollars.

7. The said board of control of the agricultural experiment station
its agents or employees, are hereby empowered with authority to en-
ter upon any premises and examine all plants whatsoever in dis:
charge of the duties herein prescribed. Any person or persons wh¢
shall obstruct or hinder them or their agents in the discharge of
these duties shall be deemed guilty of a misdemeanor, and upon con:
viction thereof shall be fined not less than twenty nor more thac
fifty dollars.
8. The said board shall make an annual report to the governor o!
the state, giving in detail ite operations and expenditures under this
act.
9. This act shall be in force from its passage.