852

LAWS OF MARYLAND.

said agent of the transportation company, firm or person, shall
notify the State Entomologist or State Pathologist at the Mary-
land Agricultural College, and said State officer receiving such
notification shall immediately notify any justice of the peace
of this State to issue a summons for the consignee, and the
agent or consignor, if he be known, of such carload, bale, box
or package of nursery stock, to appear before him on a certain
day to be named therein, to show why such trees, plants, vines,
shrubs, buds or cuttings 'should not be seized as being in viola-
tion of the provisions of this Act, and on trial thereof, if said
justice be satisfied that the provisions of this Act 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 dis-
eases mentioned herein, and tag every such carload, box, bale
and package inspected by said officers, with their certificate of
inspection, and if said agent or consignee shall fail to have said
nursery stock examined by said State officials, or fail to return
such carload, 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 Act.

Guilty of mis-
demeanor.

61. That 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 Act, 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 transportation 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 fires 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 Act. If any nurseryman, dealer or agent sell, ship
or deliver any trees, plants, shrubs or vines into or in this