646                               Laws of Maryland                      [Ch. 181

broker, dealer, agent or other person in this State, every carload,
bale, box or package thereof shall be plainly labeled on the outside
with the name of the consignor, the name of the consignee, and a
certificate showing that the contents have been inspected by a qual-
ified State or government officer, and that the trees, plants, vines,
shrubs or cuttings therein contained are apparently free from the
insects and diseases herein provided for. Whenever any trees, plants,
vines, shrubs, buds or cuttings are shipped into this State from any
other state or territory or the District of Columbia, without such
certificate plainly fixed on the outside of each carload, box, bale or
package, the agent of the transportation company, firm or person re-
ceiving same shall not deliver said nursery stock to the consignee or
agent representing the consignor, and said agent of the transpor-
tation company, firm or person shall notify the State Entomologist
or State Pathologist at the Maryland State College of Agriculture and
said State officer receiving such notification shall immediately notify
any [justice of the peace of this State] clerk of the District Court
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 trees, plants, vines, shrubs, buds or cuttings should not
be seized as being in violation of the provisions of this subtitle, and
on trial thereof, if [said justice] the court be satisfied that the pro-
visions of this subtitle have been violated; [said justice] the judge
shall order said agent or consignee to return such carload, box, bale
or package of trees, plants, shrubs, vines, buds or cuttings imme-
diately 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] the
court 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 officer, with their certificate of in-
spection, and if said agent or consignee shall fail to have said nurs-
ery stock examined by said State officials or fail to return such carload,
box, bale or package thereof, then [said justice of the peace] the
court shall order and direct the constable or sheriff to burn and de-
stroy all trees, plants, shrubs, vines, buds or cuttings that have been
shipped into this State in violation of this subtitle.

83. Same—Failure to notify State Entomologist or Pathologist of
arrival of nursery stock; condemnation of diseased nurs-
ery stock.

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 § 90 of this subtitle, 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 per-
son shall be adjudged guilty of a misdemeanor, and shall upon convic-
tion [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, if im-
posed by a circuit court or by the Criminal Court of Baltimore follow-