ART. 48] STATE HORTICULTURAL DEPARTMENT. 379

this sub-title have been violated, said justice shall order said agent
or consignee to return such carload, box, bale or package of trees,
plants, shrubs, vines, buds or cuttings immediately to the shipper
or consignor, unless said consignee or agent of the consignor at
his expense, shall forthwith have said nursery stock examined by
the State entomologist and the State pathologist of this State,
and said officers certify to such justice of the peace that said
nursery stock is apparently free from the insects and diseases
mentioned herein, and tag every such carload, box, bale and
package inspected by said officers, with their certificate of inspec-
tion, and if said agent or consignee shall fail to have said nursery
stock examined by said State officials, or fail to return such car-
load, box, bale or package thereof, then said justice of the peace
shall order and direct the constable or sheriff to burn and destroy
all such trees, plants, shrubs, vines, buds or cuttings that have
been shipped into this State in violation of this sub-title.

1898, ch. 289.

61. Whenever any agent of a transportation company, firm or
person shall receive a carload, box, bale or package of trees, plants,
shrubs, vines, buds or cuttings, without a certificate attached,
as provided for in section 60 of this sub-title, and shall fail to
notify the State entomologist or State pathologist of this fact
immediately upon the arrival of such nursery stock, and before
delivering the same to the consignee, said agent of the transpor-
tation company, firm or person shall be adjudged guilty of a
misdemeanor, and shall upon conviction before a justice of the
peace, be fined a sum not less than ten dollars ($10) nor more
than one hundred dollars ($100) and costs of prosecution for each
and every offense, and stand committed until such fine and costs
are paid; and the fines so collected shall be paid to the trustees
of said college to be added to the funds herein provided for
carrying out the provisions of this sub-title. If any nurseryman,
dealer or agent sell, ship or deliver any trees, plants, shrubs or
vines into or in this State, which are infected with San Jose scale,
peach-yellow, pear-blight or other injurious diseases, and upon
examination by the State pathologist, State entomologist or their
assistants, are condemned by being so infected, the said trees,
plants, vines and shrubs shall be destroyed, and the nurseryman,