Marvin Mandel, Governor                         937

or a label not easily destroyed, the same to be firmly attached in
some conspicuous position upon each carload, box, bale or package
so sent out or delivered.

81.   Fumigation of nursery stock.

All trees, plants, vines, shrubs, buds or cuttings, commonly known
as nursery stock, grown or handled by each and every nursery-
man within this State, and subject to the attacks of the aforesaid
insects or diseases, shall be fumigated by the nurseryman owning
the same, with hydrocyanic acid gas in buildings or enclosures in-
spected and approved by the [aforesaid State officers under their
direction] Secretary of Agriculture.

82.   Shipping nursery stock into State—In General.

When any trees, plants, shrubs, vines, buds or cuttings commonly
known as nursery stock are shipped into this State from any other
state or territory, or the District of Columbia to any nurseryman,
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 quali-
fied 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
receiving 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]
Secretary of Agriculture and said [State officer receiving such noti-
fication] Secretary shall immediately notify any [justice of the peace]
District Court 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] it 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
violation of the provisions of this subtitle, and on trial thereof, if
said [justice] court be satisfied that the provisions of this subtitle
have been violated, said [justice] court 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] Secre-
tary of Agriculture, and said [officers] Secretary of Agriculture
certif[y]ies to such [justice of the peace] court that said nursery
stock is apparently free from the insects and diseases mentioned here-
in and tags every such carload, box, bale and package inspected
by [said officer] the Secretary, with [their] his certificate of in-
spection, and if said agent or consignee shall fail to have said nur-
sery stock examined by said [State officials] Secretary or fail to
return such carload, box, bale or package thereof, then said [jus-