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CHAPTER 72.

(House Bill No. 243.)

AN ACT to amend and re-enact sections two and three of chapter

thirty-three of the acts of one thousand nine hundred and one as amended and re-enacted by chapter forty-nine of the acts of one thousand nine hundred and three, entitled “An act to prevent the introduction and spread of the San Jose scale and other dangerous insects, and dangerously contagious diseases affecting trees, vines, shrubs, plants and fruits."

[Passed February 19, 1907. In effect ninety days from passage.

Governor, February 24, 1907.)

Approved by the

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Be it enacted by the Legislature of West Virginia:

Sec. 2. It shall be the duty of the director, either in person or through his assistants, to seek out and devise means of suppressing and eradicating throughout the state the San Jose scale and other dangerous insects, and tree, shrub, vine or plant disease. Blackknet and peach-vellows are hereby declared to be dangerous within the meaning of this act, and trees, shrubs, vines or plants affected with either of these diseases shall be subject to its provisions; the mention of San Jose scale, peach-vellow or black-knot in this section shall not be held to exclude other insects or diseases which may be found to be dangerous from the provisions of this act; said director in person or through his assistants, shall examine once in each year, net later than September fifteenth, all nurseries in the state of West Virginia as to whether they are infested with San Jose scale or other dangerous insects with dangerous contagious tree, vine, shrub or plant diseases, and if upon inspection such nurseries appear to be free from such insects or disease, the director shall give each owner of such nursery or nurseries a certificate to the facts. Nurserymen must furnish transportation to and from

railway station and facilities for reaching their growing stock to such person or assistants selected by the director to make such in

ection. This certificate shall be void after September fifteenth of the year following. A duplicate of each certificate, together with a statement of amount received therefor, shall be filed by said person or said assistant with said director within ten days of its issue, and neglect to file such duplicate of certificate and statement shall be treated as a misdemeanor. If any dangerously injurious msects or infectious diseases are found on the premises of any nursery or nursery stock the director may order and enforce such treatment of said nursery stock as he may deem sufficient, in addition to a thorough inspection before granting a certificate.

Whenever a nurseryman, or any person, shall ship or deliver within this state, except for scientific purposes, trees, shrubs, plants or other stock, he shall place upon each carload, box, bale or package a copy of a certificate, the original of which is signed by a state or government inspector, stating that such stock has been inspected and has been found apparently free from dangerous insects and dangerously contagious tree, shrub, vine and plant diseases. The illegal use of said certificate by changing, defacing, or placing it on uninspected stock, or using the same after date of expiration or revocation, shall render the owner or shipper liable to the penalty prescribed for a violation of this act. No person growing for sale any trees, shrubs, vines or plants shall deliver the same without applying to the director for the certificate provided for in this act.

No person shall deliver to any purchasers any trees, vines or shrubs that shall have been consigned into this state from points without the same, unless they have at least ten days before the time of delivery given notice in writing to the director of the West Virginia experiment station of the number of trees in such consignment, the place from whence said trees were shipped and the destination of the same, and said director of said experiment station shall in person or by his assistant, if he have good cause to believe that any of the trees included in said consignment are affected with San Jose seale or any infectious disease, or if such consignment shall come from any nursery or section where any such disease is prevalent, inspect the same at the railway station where such consignment is delivered, and before the trees are taken away by the purchaser thereof, and if he or his assistant find any scale or evidence of infectious disease among any of the stock in any consignment

as or

aforesaid, then said director or his assistant may order the fumigation or destruction of said trees, vine or shrub, or compel the consignor to remove them from the state. Any person who shall fail to comply with any written order given by the said director or his assistant for the fumigation, destruction or removal of any stock as aforesaid shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and said director or his assistant shall have the power and authority to take charge of any such stock so diseased and destroy the same, and they shall in no way be liable for damage therefor.

No person growing for sale, or having in his possession with intent to sell, any trees, shrubs, vines or plants shall deliver the same before having thoroughly fumigated the same according to rules prescribed by said director, other state and government inspector.

Sec. 3. It shall further be the duty of said director through his assistants, to cause the examination of all orchards, gardens and other premises either public or private, which they shall have reason to suppose to be infested or infected with any dangerously injurious insects or infectious diseases liable to spread or to be conveyed to other premises, and for this purpose said director and his assistants are authorized, during reasonable business hours, to enter into or upon any farm, orchard, nursery, garden, store house or other building or place used for growing, storing, packing or sale of nursery or other horticultural products.

And for the purpose of examination of orchard, gardens and other premises, and of ascertaining whether any such within the state are infected with infectious or dangerous diseases, said director shall in person or by the aid of his assistants, duly appointed and authorized, visit each county or locality where there are commercial orchards within the state, at least once in each year, and make personal inquiry among the citizens and fruit growers as to the prevalence of any such disease or insects and examine any orchard that shall be reported to him as having such disease.

If said director or his assistant shall find on inspection as aforesaid, that any nursery, orchard, garden, or other property or place is infested or. infected with such dangerously injurious insects or infectious diseases, liable to spread or be conveyed to other premises, to the serious injury of the property thereon, the same shall be declared a public nuisance; and he shall notify in writing the owner or person in charge of such infested or infected property, and shall direct him, within a time and in a manner prescribed in such notice, to use such means as shall prevent the conveyance or spread of such insects or diseases to the property of others; and such infested or infected property must not be removed from the premises after the owner or person in charge of the same shall have been notified as aforesaid, without the written permission of said director or his assistants.

If the person so notified shall refuse, or neglect to treat and disinfect said premises or property in the manner and within the time prescribed by the director or his assistants, he shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars, and it shall be the duty of the director or his assistant to report to the prosecuting attorney of any county when notice is given to the owner of any orchard to disinfect or treat his premises, and the prosecuting attorney shall make diligent inquiry to ascertain whether such order has been complied with.

CHAPTER 73.

(Senate Bill No. 188.)

AV ACT to amend and re-enact section twenty-two of chapter forty

four of the code of West Virginia, in reference to bridges constructed and maintained by corporations.

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Be it enacted by the Legislature of West Virginia:

That section twenty-two of chapter forty-four of the code be and the same is hereby amended and re-enacted so as to read as follows:

Sec. 22. Corporations may be formed under the provisions of the first twenty-four sections of chapter fifty-four of the code for the purpose of bridging the Ohio river. Any such corporation or any railroad corporation is hereby authorized to construct and maintain a bridge across said river in the manner now, or which may hereafter be provided by the congress of the United States, upon complying with the requirements, conditions and provisions so prescribed, and not otherwise, and such corporation is authorized to take tolls for the passage of persons, railroad cars, engines, vehicles and other things passing on and over such bridge; any such corporation may obtain the real estate necessary for the construction of its bridge and its approaches thereto, under the provisions of chapter forty-two of the code, and may purchase from any other corporation which may have taken steps toward the erection of a bridge in the manner aforesaid, all the rights, franchises and property it may have acquired; subscriptions to the stock or bonds of any such corporation may be made by counties, districts and municipal corporations, in the manner provided for in chapter thirty-nine of the code; and subscriptions may be made thereto by other corporations, including railroad corporations, with the assent of the holders of two-thirds of the stock of any such corporation, at any general or special meeting of the stockholders; and any corporation heretofore or hereafter formed for the purpose of bridging the Great Kanawha or Big Sandy rivers, or any railroad corporation constructing such bridge, shall have all the privileges accorded by this section to corporations formed for the purpose of bridging the Ohio river; provided, however, that every bridge erected across the Great Kanawha river, at and above the U. S. government lock No. 6 shall have at least one channel span, the center of which shall be in the middle of the channel usually run by descending coal fleets in high towing stages; said channel span to have a clear opening of four hundred feet at low water line and be at least seventy-five feet above low water; but the benefits of this section shall not inure to any corporation whose corporate rights have lapsed, been forfeited or become forfeitable. Every corporation formed under the laws of this state for the purpose of the construction and maintenance of a bridge or bridges, in addition to the powers heretofore conferred upon or possessed by it, shall have power from time to time, to borrow such sums of money as may be necessary for the purpose and business of the company, and to issue bonds, bills of credit or indebtedness and preferred stock, and dispose of the same for any amount so borrowed, and to mortgage or encumber, by deed of trust, its' corporate property and franchises to secure payment

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