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 en-
titled an act to create and maintaina State board of crop pest commission-
ers, and to define its duties and: powers; approved March fifth, ninetecn
hundred, be amended: and re-enacted so as to read as follows:

§1. The board of control of the Virginia agricultural experiment
station is hereby created a State board of crop pest commissioners, with
power and duties as hereinafter provided. It shall be the duty of the
said board to appoint a competent person as State entomologist and plant
pathologist, hereinafter called State entomologist, and such assistants as
may be necessary, who shall, acting under the authority of the said board,
be charged with and perform such duties as are hereinafter specified.
The board of crop pest commissioners shall, from time to time, after due
consideration, prepare a list of such dangerously injurious insect pests
and diseases of plants as may properly within its judgment and the judg-
ment of the State entomologist be controlled or eradicated, and they shall
cause such list to be published, along with particular specifications as to
the nature and appearance of and the manner in which the said pests are
generally disseminated. The board of crop pest commissioners. shall, at
the same time, provide rules and regulations under which the State ento-
mologist shall proceed to investigate, control, eradicate and prevent the
dissemination of the said pests as far as may be possible, and these rules
and regulations shall have the full force and effect of law so far as they
conform to this ‘act and the general laws of this State and of the United
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 twenty-
five dollars for cach such failure or refusal: provided, that all prosecu-
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 pro-
vide quarantine rules and regulations concerning the sale and transporta-
tion of all plants, or parts of plants, commonly known us nursery stock,
within the State. They shall also have power to provide like rules and
regulations in regard to all plants or parts of plants commonly known as
nursery stock, entering this State from without, and these rules and
regulations shall be enforced by the State entomologist or his duly au-
thorized assistants.

$3. It shall be the duty of this board to provide for the annual in-
spection of all nursery stock grown within the State prior to October first
of each year by the State entomologist or his assistants, who shall issue a
certificate of freedom from insect pests and plant diseases to the owners
of all nurseries found entitled to the same, and they shall further pro-
de regulations under which nursery stock brought into the State may be
ld under the above provided certificates, and in accordance with the
tther provisions of this act. It shall be unlawful after the promulga-
mn of the rules and regulations provided for in this act for any person,
‘sons, corporation or common carriers to transport by land or water,
ants or parts of plants commonly known as nursery stock, in violation
the same, and every such offense shall constitute a misdemeanor and
on conviction thereof, the person, persons, firm or corporation or com-
wn carrier so convicted shall be fined in the sum of not less than fifty
Tars nor more than one hundred dollars for each and every violation
this act.
$4. The State entomologist, or any of his assistants, or a local in-
wcetor as hereinafter provided for, shall have power under the rules and
guations of said board to determine the nature and method of the treat-
‘nt to which any infested plants shall be subjected, and he shall report
+ findings in print or writing, giving reasons therefor, to the owner of
infested plants, his agents or tenants, and a copy of ‘such report shall
submitted to said board, and there shall accompany each and every
ch report specific directions as to the treatment of the infcsted plants,
hich directions may be in print or writing. In case of objection to the
nding of the State entomologist or an assistant or local inspector, an ap-
-al shall lie to the said board, whose decision shall be final; such appeal
ust be taken within seven dave from the reeeipt of the report, and shall
; as a stay of proceedings until it is heard and decided.

5. Vpon the receipt of the report of the State entomologist, an as-
stant or local inspector, the treatment prescribed shall be executed at
nce (unless an appeal is taken) under the supervision of the local in-
“ctor, the cost of material and labor to be borne by the owner of the
remises.
$6. In ease any person, firm or corporation fail or refuse to execute
ie directions of the State entomologist, an assistant or local inspector,
r of the eaid board after an appeal, the judge of the circuit court of the
“unty or corporation court of the city in which such person, firm or cor-
Tation are then residents shall upon complaint filed by the State ento-
Huugist or an assistant or local inspector or by any freeholder, cite the
‘ron. firm or corporation to appear before him at the first regular session

the circuit or corporation court or in vacation, and upon satisfactory
idence of such failure or refusal shall cause the prescribed treatment to
- executed, and the expense therof and cost of court shall be collected
‘execution from the owner or owners of the infested plants, and any
‘lyment of the court entered against any person, persons, firm or cor-
vation in any such cause shall be a lien upon all real estate owned in
‘ole or in part by any such person, persons, firm or corporation.

. The said board of crop pest commissioners, its agents or em-
axes, are hereby empowered with authority to enter upon any premises
‘1 to examine all plants and trees whatsoever in discharge of the duties
Tein prescribed. Any person, persons, firm or corporation who shall
struct or hinder them or their agents in the discharge of their duty shall

deemed guilty of a misdemeanor, and upon conviction thercof shall be

fined not less than twenty dollars nor more than fifty dollars for each
such offense.

§ 8. It 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 provi-
sions of this act and carry plainly attached to each carload, box, bale, and
package a copy of a certificate as herein provided, except that in case of
nursery stock shipped into the State from without, the board of crop pest
‘commissioners shall provide by regulation for the acceptance of. proper
certificates from other States, and when so accepted shall issue an official
tag designating the fact, and nursery stock carrying the same may be
reshipped under the certificate.above provided for.

Each and every violation of this section shall constitute a misdemeanor,
and upon conviction thereof every person, persons, firm or corporation so
convicted shall be fined in a sum not less than twenty-five dollars nor
more than fifty dollars. ‘This section, shall not be so construed as to
affect the action of common carriers in the transportation of nursery
stock under the provisions of interstate commerce.

$9. Upon a petition signed by ten freeholders of any city, county or
magisterial district, it 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. If, upon such pre-
liminary 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 inspection 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 board 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 in each case, and make specific re-
commendations in accordance with the instructions furnished him
by the State entomologist, which instructions may be printed or written.

§ 10. The board of supervisors of any ceunty or city council of any
city in which a local inspector has been appointed shall fix the compen-
sation of such local inspector, whose pay, however, shall not in any case
be less than one dollar and fifty cents for each day’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 imcurred
in the performance of his duties, and a statement of the days actually oc-
cupied 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 exceed two hundred and fifty dollars in any one year. But the
board of supervisors of any county or the council of any city may appro-
priate any sum in excces of two hundred and fifty dollars which it may
deem proper. The sum appropriated in any year in excess of the actual
requirements for such year shall not be considered as an appropriation for
anv subsequent year.

$11. Tt 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 any 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 day of September, nineteen hundred and
three, it shall be unlawful for any person, persons, firm or corporation,
either for himself or as agent for another, to offer for sale, sell, deliver or
give away, within the bounds of this State, any 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
regulations concerning the sale of nursery stock as the board of crop pest
commissioners may prescribe and be approved and countersigned by 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 by the holder of the same. ‘Ine
auditor of public accounts shall not issue any certificate of registration
except upon the payment of the sum of twenty dollars, and shall forward
all certificates to the State entomologist for his approval before allowing
the same to the party making application therefor, and all such certificates
a3 may be granted shall expire and become null and void one year from.
date of issue thereof, and any person, persons, firm or corporation, either
for himself 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-
tery 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 sell or offer to sell, deliver, or give
away 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
ies than twenty dollars nor more than one huadred dollars for each such
Olense,
$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 from time to time draw his warrant for the
same in favor of the State entomologist in payment for services and ex-
penises incurred in the inspection of the various nurseries in this State,
and the inspection of nursery plants sold by agents representing nurseries
from without this State.
$14. There is hereby appropriated from any moneys in the State
treasury not otherwise appropriated the eum of six thousand dollars per
annum for the purpose of defraying the expenses of the cxecution of
this act, and the auditor of public 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 him of properly itemized vouchers certified by the chairman of
said board of crop pest commissioners. The said board shall cause to
be made a biennial report to the governor of the State, giving in detail
its operation and expenditures under this act.

2. The acts of assembly known as the San Jose scale law, approved
March fifth, eighteen hundred and ninety-six, and as amended and ap-
proved February twenty-eight. eighteen hundred and ninety-eight, and
as further amended by an act approved March twenty-cight. nineteen
hundred and two, and all other acts and parts of acts inconsistent with
this act are hereby repealed.

. 3. This act shall be in force from its passage.