costs therein, and when collected paid to the attorney, or attorneys of the plaintiff therein.

Sec. 18. In addition to the penalties prescribed for violation of any of the provisions of sections two to sixteen, inclusive, of this act, the court may in its discretion, when such conviction is had, require the defendant to execute bond with good security to be approved by the court or clerk thereof, in the penalty of one thousand dollars, conditioned not to violate any of the provisions of any of said sections for the term of two years, and in default of such bond may commit the defendant to jail for said term of two years, unless such bond be sooner given.

Sec. 19. All express companies, railroad companies and transportation companies within this state are hereby required to keep books in which shall be entered immediately upon receipt thereof the name of every person to whom liquors are shipped; the amount and kind received; the date when delivered, and by whom, and to whom. delivered, after which record shall be a blank space in which the consignee shall be required to sign his name in person to such record, which book shall be open to the inspection of any state, county or municipal officer in this state, at any time during business hours of the company. Such books shall constitute prima facie evidence of the facts therein stated, and be admissible as evidence in any court in this state having jurisdiction, or in any manner empowered with the enforcement of the provisions of this act. Any employe or agent of any express company, railroad company or transportation company knowingly failing or refusing to comply with the provisions of this section, shall be guilty of a misdemeanor and punished by a fine of not less than fifty nor more than one hundred dollars and may be imprisoned in the county jail not less than thirty days nor more than six months.

Sec. 20. Any citizen or organization within this state may employ an attorney to assist the prosecuting attorney to perform his duties. under this act, and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in the proceedings; and no prosecution shall be dismissed over the objection of such associate counsel until the reasons of such prosecuting attorney for such dismissal, together with the objections thereof of such associate. counsel, shall have been filed in writing, argued by counsel and fully considered by the court.

Sec. 21. The prosecuting attorney of any county, with the approval of the governor, or of the court of the county vested with authority

to try criminal offenses, or of the judge thereof in vacation, may, within his discretion, offer rewards for the apprehension of persons charged with crime, or may expend money for the detection of crime. Any money expended under this section shall, when approved by the prosecuting attorney, be paid out of the county fund in the same manner as other county expenses are paid.

Sec. 22. In all cases arising under this statute the state shall have the right to appeal.

Sec. 23. This entire act shall be deemed an exercise of the police powers of the state for the protection of public health, peace and morals, and all of its provisions shall be liberally construed for the attainment of that purpose.

Sec. 24. The manufacture of alcohol, wine and liquors, and the sale of the same by the manufacturer and by wholesale druggists, shall be under the supervision of the commissioner and under such rules and regulations as he may from time to time prescribe.

Sec. 25. Paragraphs b, c, d, h and y of section one, and section ten, section forty, section sixty-six, section seventy-four, section seventy-seven, sections eighty-seven, eighty-eight, eighty-eight-a, section ninety-two and section one hundred and twenty-a of the code of one thousand nine hundred and six, as amended and re-enacted by chapter eighty-two of the acts of one thousand nine hundred and seven, and sections eighty-seven, eighty-seven-a and section one hundred and twenty-a of chapter sixty-eight of the acts of one thousand nine hundred and nine, and all other acts and parts of act inconsistent with the provisions of this act are hereby repealed.

Sec. 26. All of the provisions of this act shall take effect on the first day of July, one thousand nine hundred and fourteen.

(Senate Bill No. 1.)

CHAPTER 14.

AN ACT to prevent the introduction and spread and to provide for the control of the San Jose scale and other dangerous insects and dangerously injurious plant diseases affecting nursery, orchard, forest and shade trees, shrubs, vines, cuttings, seeds and bulbs, or affecting plants or parts of plants of any kind or such as may harbor such injurious insect pests or plant diseases, and repealing chapter seventy-two of the acts of the legislature of one thousand nine hundred and seven.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the director of the West Virginia agricultural experiment station, the commissioner of agriculture, and the president of the West Virginia horticultural society are hereby created, ex officio, a state crop pest commission with powers and duties as hereinafter provided. Said commission shall appoint the entomologist of the West Virginia agricultural experiment station as state entomologist and plant pathologist, hereinafter called state entomologist, and such assistants as may be necessary, who shall, acting under the authority of said commission be charged with and perform such duties as are hereinafter specified. This state crop pest commission shall, from time to time, after due consideration, prepare a list of such dangerously injurious insect pests and diseases of plants affecting nursery, orchard, forest, and shade trees, shrubs, vines, cuttings, seeds, and bulbs, or affecting plants or parts of plants of any kind, or such plants or products of plants as may harbor such injurious insects or plant diseases, as may properly within its judgment and the judgment of the state entomologist, be controlled or eradicated, and they shall cause such list to be published, along with particular specifications as to the nature and appearance of, and the manner in which said pests are generally disseminated. The state crop pest commission shall, at the same time, provide rules and regulations under which the state entomologist shall proceed to investigate, control, eradicate, and prevent the dissemination of the said insect pests and plant discases and to treat or destroy such plants or parts of plants or products of plants as may harbor such injurious insects and plant diseases, as far as may be possible, and these rules and

regulations shall have the full force and effect of law so far as they conform to this act and the general laws of this state and of the United States; and any person, persons, firm or corporation who fails or refuses to comply with the orders or directions issued in writing under regulations provided by the state crop pest commission, shall upon conviction thereof, be fined in the sum of not less than ten nor more than twenty-five dollars for each failure or refusal.

Sec. 2. The state crop pest commission shall have power to provide quarantine rules and regulations concerning the transportation and sale of all plants, or parts of plants, commonly known as nursery stock, within this state. They shall also have like power to provide like rules and regulations in regard to all plants or parts of plants commonly known as nursery stock, entering this state from without, and these rules and regulations shall be enforced by the state entomologist or his duly authorized assistants.

Sec. 3. It shall be the duty of this commission to provide for the annual inspection of all nursery stock grown within the state prior to October first of each year, by the state entomologist or his assistants, who shall issue a certificate stating the nursery to be apparently free from insect pests and plant diseases to the owners of all nurseries found entitled to the same, and it shall further provide regulations under which nursery stock brought into the state may be sold under the above provided certificates, and in accordance with the further provisions of this act. It shall be unlawful after the promulgation of the rules and regulations provided for in this act for any person, persons, firm, corporation or common carriers to transport by land or water, plants or parts of plants commonly known as nursery stock, in violation of the same, and every such offense shall constitute a misdemeanor, and upon conviction thereof, the person, persons, firm or corporation, or common carrier so convicted shall be fined in the sum of not less than fifty dollars nor more than one hundred dollars for each and every violation of this act.

Sec. 4. The state entomologist, or any of his assistants, or a local inspector as hereinafter provided, shall have power under the rules and regulations of said commission to determine the nature and method of the treatment to which any infested plants, parts of plants, or plants harboring dangerously injurious insects or plant diseases shall be subjected, and he shall report his findings in print or writing, giving reasons therefor, to the owner of the infested plants, his agents or tenants, and a copy of such report shall be sub

mitted to the commission, and there shall accompany each and every such report specific directions as to the treatment of the infested plants, or parts of plants, or plants harboring such dangerously injurious insects or plant diseases, which directions may be in printing or writing. In case of objection to the finding of the state entomologist or an assistant or local inspector, an appeal shall lie to the said commission, whose decision shall be final; such appeal must be taken within seven days from the receipt of such report, and shall act as a stay of proceedings until it is heard and decided.

Sec. 5. Upon the receipt of the report of the state entomologist, an assistant, or local inspector, the treatment prescribed shall be executed at once, unless appeal is taken, under the supervision of the state entomologist, an assistant, or local inspector, the cost of material and labor to be borne by the owner of the premises.

Sec. 6. Should any of the officers aforesaid, through their assistants or employes, or by any notification whatsoever, find any trees, vines, shrubs, plants or parts of plants infested or diseased with, or harboring, insects or diseases published by the state crop pest commission as dangerously injurious, the aforesaid officers shall mark or tag in some conspicuous way all trees, vines, shrubs, plants or parts of plants infested with or harboring the aforesaid insects or diseases, and shall give notice in writing to the owner or owners, tenant or persons in charge of such premises of the conditions thereof; and thereupon, if such person or persons so notified, shall not within ten days after notification destroy or treat the same in accordance with the rules and regulations of the state crop pest commission, which regulations shall accompany said notice, a copy of which rules and regulations shall be sent upon application to any person, then the state crop pest commission shall, through its officers, assistants or employes destroy or treat all such trees, vines, shrubs, plants or parts of plants. Whenever any such infestation shall exist at any place, within or on the property of any non-resident, or on any property the owner or owners of which cannot be found within the county after diligent search by the state entomologist or his assistants or a local inspector, or on the property of any owner or owners upon whom the notice aforesaid has been served, and who shall refuse or neglect to eradicate the same within the time specified, it shall be the duty of the state entomologist to cause said infestation to be at once. removed by eradicating or destroying said plant diseases or injurious insects, their eggs or larvae, or by destroying any trees, vines, shrubs, plants or parts of plants harboring the same. The necessary expense