Chap. 207.—An ACT to amend and re-enact an act entitled an act to create and
maintain a State board of crop pest commissioners and to define its duties and
powers, approved March 5, 1900.

Approved May 9, 1903.

1. Be it enacted by the general assembly of Virginia, That an act on-
titled an act to create and maintaina State board of crop pest commissi-n-
ers, and to define its duties and powers, approved March fifth, ninctr-p
hundred, be amended and re-enacted so as to read as follows:

<1. The hoard of control of the Virginia agricultural experi nt
sts is hereby created a State board of crop pest commissioners, Wit
power and dutics as hereinafter provided. It shall be the duty af ve
sald board to appoint a competent person as State entomologist and pant
pathologist. hereinafter called State entomologist, and such assistant: 2s
may be necessary, who shall, acting under the authority of the said bear!
be charged with and perform such duties as are hereinafter specified.
The board of crop pest commissioners shall, from time to time, after cue
consideration, prepare a list of such dangerously injurious insect Te=t5
and diseases of plants as may properly within its judgment and the ju!
ment of the State entomologist be controlled or eradicated, and thes “eal
cause such list to be published, along with particular specifications as te
the nature and appearance of and the manner in which the said pesis are
generally disseminated. The board of crop pest commissioners shall. at
the same time, provide rules and regulations under which the State en:
mologist shall proceed to investigate, control, eradicate and prevent the
dissemination of the said pests as far as may ‘be possible, and these rues
and regulations shall have the full force and effect of law so far as thev
conform to this act and the general laws of this State and of the Ur‘t.2
States: and any person, firm or corporation who fails or refuses to com
ply with the orders or directions issued in writing under regulations pro
vided by the board of crop pest commissioners shall, upon conviction
thereof, be fined in the sum of not less than ten nor more than tweniy-
five dollars for cach such failure or refusal: provided, that all pros: cu-
tions under this act shall be by indictment, presentment or information
in the circuit court of the county or corporation court of the city in which
the person, firm or corporation proceeded against is then resident.

€2. The board of crop pest commissioners shall have power to vce
vide quarantine rules and regulations concerning the sale and transperte-
tien of all plants, or parts of plants, commonly. known as nursery sity k
within the State. They shall also have power to provide like rules os
reculations in regard to all plants or parts of plants commonly knewn as
nursery stock. entering this State from without, and these rules ac
regulations shall be enforced by the State entomologist or his duly .-
thorized assistants.

$3. [t shall be the duty of this beard to provide for the annus! ‘a-
spection of all nursery stock grown within the State prior to October test
of each vear by the State entomologist or his assistants, who shall issie a
certificate of freedom from insect pests and plant diseases to the ewner
of all nurseries found entitled to the same, and they shall further pre
vide regulations under which nursery stock brought into the State may be
sold under the above provided certificates, and in accordance with the
further provisions of this act. It shall be unlawful after the promulga-
tion of the rules and regulations provided for in this act for any person,
persons, corporation or common carriers to transport by land or water,
plants or parts of plants commonly known as nursery stock, in violation
of the same, and every such offense shall constitute a misdemeanor and
wpon conviction thereof, the person, persons, firm or corporation or com-
mon carrier so convicted shall be fined in the sum of not less than fifty
do lars nor more than one hundred dollars for each and every violation
of this act. }
$4. The State entomologist, or any of his assistants, or a local in-
sy ctor as hereinafter provided for, shall have power under the rules and
r-ctilations of said board to determine the nature and method of the treat-
ment to which any infested plants shall be subjected, and he shall report
his findings in print or writing, giving reasons therefor, to the owner of
the infested plants, his agents or ‘ton: ints, and a copy of such report shall
he submitted to said board, and there shall accompany each and every
such report specific directions as to the treatment of the infcsted plants,
which directions may be in print or writing. In case of objection to the
finding of the State entomologist or an assistant or local inspector, an ap-
peal shall lie to the said board, whose decision shall be final: such appeal
n.ust be taken within seven days from the receipt of the report. and shall
act asa stay of proceedings until it is heard and decided.
¥ 5. Upon the receipt of the report of the State entomologist, an as-
sistant or loeal inspector, the treatment preseribed shall be executed at
enee (unless an appeal is taken) under the supervision of the local in-
spector, the cost of material and labor to be borne by the owner of the
premises.
x6. In case any person, firm or corporation fail or refuse to execute
the directions of the State entomologist, an assistant or local inspector,
or of the said board after an appeal, the judge of the circuit court of the
county or corporation court of the city in which such person, firm or cor-
poration are then residents shall upon complaint filed by the State ento-
mologist or an assistant or local inspector or by any freeholder, cite the
person. firm or corporation to appear before him at the first regular session
of the cirewt or corporation court or in vacation, and upon satisfactory
evidence of such failure or refusal shall cause the prescribed treatment to
be executed, and the expense therof and cost of court shall be collected
Ly execution from the owner or owners of the infested plants, and any
judgment of the court entered against any person. persons, firm or cor-
poration in any such cause shall be a lien upon all real estate owned in
w hive or in part by any such person, persons, firm or corporation.

. The said board of crop pest commissioners, its agents or em-
slopes, are hereby empowered with authority to enter upon any premises
and to examine all plants and trees whatsoever in discharge of the duties
herein prescribed. Any person, persons, firm or corporation who shall
obstruct or hinder them or their agents in the discharge of their duty shall
be Geemed guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than twenty dollars nor more than fifty dollars for cach
such offense.

SS. Tt shall be unlawful to deliver or give away within the boun-
daries of this State plants or parts of plants commonly known as nursery
stock which have not been duly inspected in accordance with the previ-
sions of this act and carry plainly attached to each carload, box, bale. and
package a copy of a certificate as herei provided, except that im case of
nursery stock shipped into the State from without, the beard of crop pert
commissioners shall provide by regulation for the acceptance of proper
certificates from: other States, and when so accepted shall issue an otticial
tag designating the fact, and nursery stock carrving the same miay be
reshipped under the certificate above provided for.

Mach and every violation of this section shall constitute a misdemeaner,
and upon conviction thereof every person, persons, firm or corporation so
convicted shall be fined im a sum not less than twenty-five dollars nor
more than fifty dollars. his section shall not be se construed as to
alfect the action of common carricrs ino the transportation of nursery
stock under the provisions of interstate commerce, )

$9. Upon a petition signed by ten freeholders of any city, county or
maisterial district, i shall be the duty of the State entomologist, in per-
son or by an assistant, to make a preliminary investigation of the locality
from which the petition is received, to ascertain if any trees or plants be
Infested with the insect known as the San Jose scale. Tf, upon such pre-
Jnminary investigation, it shall appear that the San Jose scale is present in
the territory examined, the State entomologist shall appoint a local in-
spector, and order a ful mspection of such city, county or magisterial dis-
trict to discover and locate all infested premises >and the local inspector
shall report the results of such further inspection to the owners of all in-
fested premises, and to the hoard of supervisors of the said county or the
city council of said city, giving the location of all said infested trees and
plants, and the extent of infestation m each case, and make specitie re-
commendations im accordance with the instructions furnished hint
by the State entomologist, which instructions may be printed or written,

$10. The board of supervisors of any county or city council of any
citv in which a local inspector has been appointed shall fix the eompen-
sation of such local inspector, whose pay, however, shall not in anv ease
be less than one dollar and fifty cents for each dayw’s work, and said: local
Inspector shall file before the said board of supervisors or city. council
from time to time an itemized account of the expenses and costs incurre]
In the performance of his duties, and a statement of the days actually ov-
cupicd in the performance of the duties hereinbefore prescribed. and the
same shall be allowed him and paid as other claims against the county. or
city, not to execed two hundred and fifty dollars in any one vear. But the
board of supervisors of any county or the council of any city may appro-
priate any stm in excess of two hundred and fifty dollars which it mav
deem proper, The sim appropriated in any vear in excess of the aetual
requirements for such vear shall not. be cons idered as an appropriation fer
any subsequent vear.

S11. it shall be the duty of the State entomologist. either in person
or by an assistant or local inspector, to supervise and direct the execution
of anv recommendations made under the provisions of section two of this
act, and all expenses of treatment, control and eradication of any infested
trees or plants shall be borne by the owner of the premises upon which
the same are located, as provided for in sections four and five of this act.

$12. From and after the first dav of September, nineteen hundred and
three, it shall be unlawful for any person, persons, firme or corporation,
cither for himself or as agent for another, to offer for sale, sell, deliver or
give away, within the bounds of this State, anv plants or parts of plants
commonly known as nursery stock unless such person, persons, firm or cor-
poration shall have first procured from the auditor of public accounts a
certificate of registration, which certificate shall contain such rules and
reculations concerning the sale of nursery stock as the board of crop pest
commissioners may prescribe and be approved and countersigned hy the
State entomologist, who shall have full power, and is hereby authorized
and required to cancel and withdraw any certificate upon satisfactory evi-
dence that any of the rules and regulations governing the sale of nursery
stock within this State have been violated hv the holder of the same. The
auditor of public accounts shall not issue any certificate of registration
exeept upon the payment of the sum of twenty dollars, and shall forward
all certificates to the State entomologist for lis approval before allowing
the same to the party making application therefor,and all such certificates
‘as may be granted shall expire and become null and void one vear from
date of issue thereof, and any person, persons, firm or corporation, cither
for hinself or as an agent for another, who shall sell, offer for sale, de-
liver, or give away any plants or parts of plants commonly known as nur-
sery stock without having in his possession a certificate of registration
as herein provided for, or without exhibiting a copy of the same to each
and every person to whom he shall scll or offer to sell, deliver, or give
awav any such plant. or parts of plants, shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished by a fine of not
kes than twenty dollars nor more than one hundred dollars for each such
otferrse.

$13. The auditor of public accounts shall set aside and reserve all
moneys coming into his hands in pursuance of the provisions of section
twelve of this act, and shall froma time to time draw his warrant for the
same In favor of the State entomologist in pavment for services and ex-
penses meurred tn the inspection of the various nurseries mn this State,
and the inspection of nursery plants sold by agents representing nurseries
from wa thix State.

S14. There is hereby appropriated: from any moneys in the State
treasury not otherwise appropriated the sum of six thousand dollars per
anmimm for the purpose of defraving the expenses of the execution of
this act. and the auditor of pubhe accounts of the Commonwealth is
hereby directed to draw his warrant upon the treasurer of the same
for this sum, or such part thereof as may be necessary until the said
sum of six thousand dollars per annum be expended. upon the filing
with dim. of properly itemized vouchers certified by the chairman of
said beard of crop pest commissioners. The said board shall cause to
be made a biennial report to the governor of the State, giving in deta
its operation and expenditures under this act.

2, The acts of assembly known as the San Jose seale law. approved
March fifth, eighteen hundred and nincty-six, and as amended and ay
proved February twenty-eight, eighteen hundred and nine tv-ereht. and
as further amended by an act approved March twenty-eight. nineteen
hundred and two, and all other acts and parts of acts Inconsistent with
this act are hereby repealed.

This act shail be in force from its passage.