thereof shall be paid by the owner or owners of the real estate from which said infestation has been removed in pursuance of this act. The state entomologist or his assistant or a local inspector shall serve or cause to be served upon said owner or any one in possession and in charge of such real estate, a notice stating the amount of said charge, and further stating that if said charge be not paid to the sheriff of the county wherein said real estate is located within twenty days from the date of the service of said notice, that the same shall become a lien upon the real estate. Copy of said notice, including the amount of said charge together with the proof of service, shall be at once. filed with.the sheriff, and if said amount is not paid to the sheriff within the time therein stated, said amount shall become a lien against said real estate and shall be collected as delinquent taxes are collected, and said real estate shall be sold for the non-payment of said charges the same as may now or may hereafter be provided by law for sale of real estate for delinquent taxes, and the county court shall order the sheriff to pay such charges out of the general fund of said county; and when said amount is collected by the sheriff it shall be paid back into the general fund of said county. The sheriff shall forward to the state treasurer on the first of each month all amounts thus received. These amounts shall be paid into the general fund of the state crop pest commission.

Sec. 7. The said crop pest commission, its agents or employes, are hereby empowered with authority to enter upon any public or private premises for the purpose of inspecting, destroying or treating insects or plant diseases determined and published by the state crop pest commission to be dangerously injurious, or such trees, vines, shrubs, plants or parts of plants as may harbor such injurious insect pests or plant diseases as prescribed in section one of this act. Any person, persons, firm or corporation who shall obstruct or hinder it or its agents in the discharge of their duties shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty dollars nor more than fifty dollars for each such

offense.

Sec. 8. It shall be unlawful to deliver or give away within the boundaries of this state plants or parts of plants commonly known. as nursery stock which have not been duly inspected in accordance with the provisions of this act and do not carry plainly attached to each car load, box, bale or package a copy of a certificate as herein. provided, except that in case of nursery stock shipped into the state from without, the state crop pest commission shall provide by regu

lation for the acceptance of proper certificates from other states, and when so accepted it shall issue an official tag designating the fact, which tag must be attached to all such shipments; but no nursery stock shall be sold or shipped under the certificate issued as provided herein that was not raised in the nursery for or to which the said certificate was issued until such stock has been duly examined as provided herein and found to be apparently free from any dangerously injurious insect pest or plant disease.

All transportation companies bringing nursery stock into this state shall immediately, upon receiving such consignment, notify the state entomologist of the fact that such consignment is in their possession or is enroute to some point within the state and give the names of the consignor and consignee, the point of shipment and the destination of such consignment, and the name of the transportation company bringing such stock, and shall make such further report relative to such shipment as the state crop pest commission may from time to time require.

Each and every violation of this section shall constitute a misdemeanor and upon conviction thereof any person, persons, firm or corporation so convicted shall be fined in a sum not less than twentyfive dollars nor more than fifty dollars. This section shall not be so construed as to affect the action of common carriers in the transportation of nursery stock under the provision of interstate commerce.

Sec. 9. Upon a petition signed by ten freeholders of any city, county or magisterial district, it shall be the duty of the state entomologist, in person or by an assistant, to make a preliminary investigation of the locality from which the petition is received, to ascertain if any trees or plants be infested with or harbor the insect known as the San Jose scale or any other dangerously injurious insects or plant diseases as determined by the state crop pest commission under section one of this act. If, upon such preliminary investigation, it shall appear that the San Jose scale or such other dangerously injurious insects or plant diseases as above mentioned are present in the territory examined, the state entomologist may appoint a local inspector, and order a full inspection of such city, county or magisterial district to discover and locate all infested premises; and the local inspector shall report the result of such further inspection. to the owners of all infested premises and shall give notice to destroy or treat the same as provided in section six of this act.

Sec. 10. The county court of any county or the city council of any city in which a local inspector has been appointed shall fix the com

pensation of such local inspector, whose pay, however, shall not in any case be less than two dollars for each day's work, and said local inspector shall file before the said county court or city council from time to time an itemized account of the expenses and costs incurred in the performance of his duties, and a statement of the days actually occupied in the performance of the duties hereinbefore prescribed, and the same shall be allowed him and paid as other claims against the county or city, not to exceed two hundred and fifty dollars in any one year; but the county court of any county or the council of any city may pay any sum in excess of two hundred and fifty dollars which it may deem proper.

Sec. 11. It shall be the duty of the state entomologist, either in person or by an assistant or local inspector to supervise and direct the execution of any recommendations made under the provisions of this act, and all expenses of treatment, control and eradication of any infested trees or plants shall be borne by the owner of the premises upon which the same are located as provided for in sections four, five and six of this act.

Sec. 12. From and after the first day of July, one thousand nine hundred and thirteen, it shall be unlawful for any person, persons, firm or corporation either for himself or as agent for another to offer for sale, sell, deliver or give away within the bounds of this state, any plants or parts of plants commonly known as nursery stock unless such person, persons, firm or corporation shall have first procured from the state auditor a certificate of registration, which certificate shall contain such rules and regulations concerning the sale of nursery stock as the state crop pest commission may prescribe, and be approved and countersigned by the state entomologist, who shall have full power, and is hereby authorized and required to cancel and withdraw any certificate upon satisfactory evidence that any rules and regulations governing the sale of nursery stock within this state have been violated by the holder of the same. The state auditor shall not issue any certificate of registration except upon the payment of the sum of five dollars, and shall forward all certificates to the state entomologist for his approval before allowing the same to the party making application therefor, and all such certificates as may be granted shall expire and become null and void one year from the date of issue thereof, and any person, persons, firm or corporation either for himself or as an agent for another who shall sell, offer for sale, deliver or give away any plants or parts of plants commonly

known as nursery stock without exhibiting a copy of the certificate of registration as herein provided for, to each and every person to whom he shall sell, offer for sale, deliver or give away any such plants or parts of plants shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense. It shall be the duty of the prosecuting attorney of the county wherein the offense is committed to prosecute all violations of this act, and all amounts recovered as fines for violations of this act shall be paid over to the state treasury.

Sec. 13. The state auditor shall set aside and reserve all moneys coming into his hands in pursuance of the provisions of this act, and shall from time to time draw his warrant for the same in favor of the crop pest commission in payment of services and expenses incurred in the inspection of the various nurseries of the state, and the inspection of nursery plants sold by agents representing nurseries from without this state.

Sec. 14. All charges against any appropriations for or funds of the state crop pest commission shall be upon properly itemized vouchers, as may be prescribed by the state board of control, and shall be certified by the director of the West Virginia agricultural experiment station, who shall be chairman of the state crop pest commission, and by the state board of control. The said commission shall cause to be made a biennial report to the governor of the state, giving in detail its operations and expenditures under this act, on or before December first of each year, and it shall be the duty of the state printer to print the same in such numbers as the governor may direct, and the cost of such printing shall be paid out of the general printing fund of the state.

Sec. 15. Chapter seventy-two of the acts of one thousand nine hundred and seven, known as the San Jose scale law and all other acts or parts of acts inconsistent with this act are hereby repealed.

(Senate Bill No. 13.)

CHAPTER 15.

AN ACT to regulate and provide for the supervision of investment companies, and prevent the sale of worthless securities.

Be it enacted by the Legislature of West Virginia:

Sec. 1. Every corporation, every co-partnership, every company, every individual and every association, (other than state and national banks, surety or guaranty companies, trust companies, and duly authorized insurance companies, real estate mortgage companies, dealing exclusively in real estate mortgage notes, building and loan associations, and corporations not organized for profit), organized or which shall be organized in this state, whether incorporated or unincorporated, which sell or negotiate for the sale of any stocks, bonds, debentures, or other securities of any kind or character other than bonds of the United States, or of some county, district or municipality of the state of West Virginia, and notes secured by mortgages on real estate located in this state, to any person or persons in the state of West Virginia, shall be known for the purpose of this act as a domestic investment company. Every such investment company organized in any other state, territory or government shall be known for the purpose of this act as a foreign investment company. In all respects, other than those covered by this act, such foreign investment companies shall be governed by the law of this state applicable to non-resident corporations.

Sec. 2. Before offering or attempting to sell any stocks, bonds, debentures, or other securities of any kind or character, other than those specifically exempted in section one of this act, to any person or persons, or transacting any business whatever in this state, except that of preparing the documents hereinafter required, every such investment company, domestic or foreign, shall file in the office of the auditor of this state, together with a filing fee of two dollars and