Chap. 567.—An ACT to amend and re-enact an act entitled an act to eradicate the
San Jose, or pernicious scale, a disease affecting fruit trees, and to prevent it
epread, approved Mareh 5, 1896.

Approved February 28, 158.

Whereas the fruit industry in Virginia is threatened with serious anc
irreparable damage by an insect known as the San Jose, or perniciou:
scale, now present in some parts of the state : therefore,

1. Be it enacted by the general assembly of Virginia, That an ac
entitled an act to eradicate the San Jose, or pernicious scale, a diseas
affecting fruit trees, and to prevent its spread, approved March fifth.
eighteen hundred and ninety-six, be amended and re-enacted so as te
read as follows :

$1. Be it enacted by the general assembly of Virginia, That the boarc
of control of the state agricultural experiment station be, and is hereby,
empowered and directed to take immediate action to suppress and eraddi.
cate this insect.

§ 2. The said board is hereby authorized and required to designate a
member of the scientific staff of the agricultural experiment station to
act as inspector under the provisions of ‘this act ; and it shall be the duty
of said board to promulgate rules and regulations i in accordance with this
act for the government of said inspector in the duties devolving upon
him in the execution of the provisions of this act; and the said board
may further appoint assistants as may be necessary for the purpose of
aiding the inspector in the enforcement of this act.

§ 3. The inspector shall have power under the regulations of said
board to determine whether any infested plants are worthy of remedial
treatment or shall be destroyed ; and he shall report his findings in
writing, giving reasons therefor to the owner of the infested plants, his
agent, or tenants, and a copy of such report shall also be submitted to
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 ;
ppeal must be taken within three days, and shall act as a stay of pro-
vedings until it is heard and decided.

§ 4. Upon the findings of the inspector in any case of infested plants
ne treatment prescribed by him shall be executed at once (unless an
ppeal be taken) under his supervision ; cost of material and labor to be
orne by the owner, except when the county supervisors, or town or city
orporations shall have provided for the expense of the same, as author-
zed in section eight of this act.

§ 5. In case any person or persons fail or refuse to execute the direc-
ions of the inspector or of the said board after an appeal the county
udge shall, upon complaint filed by the inspector or any freeholder,
ite the person or persons to appear before him at the first regular session
f the county court, and upon satisfactory evidence of such failure or
efusal shall cause the prescribed treatment or destruction to be exe-
uted, and the expense thereof and cost of court shall be collected by
xecution from the owner or owners of the infested plants.

§ 6. It shall be unlawful to offer for sale, sell, give away or trans-
sort within the bounds of this state plants, scions, trees, shrubs or vines
nfested with the San Jose scale. Any person or persons violating this
ection shall, upon conviction thereof, be fined not less than fifty dol-
ars nor more than one hundred dollars. This section shall not be con-
‘trued as affecting the action of common carriers in the transportation in
he article above mentioned in interstate commerce.

§ 7. The said board of control of the agricultural experiment station,
ts agents or employees are hereby empowered with authority to enter
upon any premises and examine all plants whatsoever in discharge of
the duties herein prescribed. Any person or persons who shall obstruct
sr hinder them or their agents in the discharge of their duties shall be
teemed guilty of a misdemeanor, and upon conviction thereof, shall be
Gned not less than tw enty dollars nor more than fifty dollars.

$8. The board of supervisors of any county and the town council or
city council of any incorporated town or citv of this state are hereby
wuthorized, upon the petition of ten freeholders, to appropriate from
the county, town or city treasury such funds as may be necessary for
use in the eaid county, town or city for the treatment and eradication
of the above-cited insect pest: provided. that it shall be distinctly
stated in any such appropriation the specific objects for which the same
is to be expended, and that such treatment shall be done in accordance
with the directions and under the authority of the inspector hereinbe-
fore provided for.

$Y. There is hereby appropriated from any moneys in the state
tremsiry not otherwise appropriated the sum of one thousand dollar:
per annum for the purpose of defraying the expenses of the execu-
tion of this act, and the auditor of the commonwealth is hereby directec
to draw his warrant upon the treasurer of the same for this sum or suck
parts thereof as may be necessary until the said sum of one thousanc
dollars per annum be expended upon the filing with him of properly
itemized vouchers certified by the chairman of said board. The saic
board shall make a biennial report to the governor of the state giving
detail its operations and expenditures under this act.

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