of such county by an order duly entered shall ratify and approve the action of the board.

3. It shall be the duty of an orchard inspector to file his acceptance with the clerk of the county court within and for which he has been appointed within five days after appointment and to at once enter upon his duties by thoroughly inspecting all orchards known or supposed to be diseased with the "yellows" and to mark such trees as are found to be so diseased for destruction, and the said orchard inspector shall not be liable to an action for trespass in carrying out the provisions of this section. It shall also be his duty to keep an accurate record of the number of trees inspected and the number condemned in each orchard, which record he shall finally transmit to the chief inspector as further provided. In case of non-acceptance, resignation, or death of any person appointed as inspector or removed under this act the place shall be filled by reappointment as provided in section two of this act.

4. On the completion of the inspection of any premises and finding trees or fruit infected with the above mentioned disease the inspector shall at once notify the owner of the fact in writing after the usual manner of legal notice, stating the number of diseased trees and designating the manner in which they are marked: provided, that in this act a notice served on a tenant shall be considered legal and sufficient. The said owner or tenant shall in fifteen days after date of the said notice dig up and destroy root and branch by burning all trees marked for destruction and specified in the above notice. Fruit condemned under this act shall also be destroyed by burning or burying.

5. If any person after due notice as provided for in this act neglect or refuse to destroy within the specified time trees or fruit properly condemned the inspector shall have power to enter upon any and all premises with such force as shall be necessary and destroy all property condemned as herein before provided for, and the cost of performing this duty shall be paid as hereinafter provided for. Any person who shall believe that his trees or fruit have been condemned without sufficient evidence may appeal from the decision of the inspector, in which event he shall serve notice of such appeal on the inspector within three days after receiving notice of condemnation of trees or fruit. The inspector on receiving such notice shall at once report the same to the county judge, who shall immediately appoint two assistant inspectors to act with the inspector, and upon their verdict the confirmation or reversal of the orchard inspector's order shall rest. This joint commission shall meet and act not later than the last day specified in the original notice of condemnation; it may extend the time for the destruction of trees or fruit.

6. In case an inspector shall at any time become derelict or neglectful of his duties or act in a manner prejudicial to the interest of any citizen he may be charged with misconduct, which charge shall specify in writing the nature of his misdemeanor or neglect of duty. On presentation of such a charge to the judge of the county court he shall cite the said inspector to appear before him on a specified day within the next thirty days, when a fair hearing shall be given, and if the charges are sustained the said inspector shall be removed from office and another person appointed in his stead. The accused shall always be furnished with a copy of the charges.

7. Any person appointed as an orchard inspector under this act shall hold his office until the expiration of the following thirtieth day of November, when the office shall lapse until such time as it is revived by request

as provided for in section two of this act. Any person appointed assistant inspector under this act shall hold his office only during the hearing of the special case for which he was appointed.

8. The pay of any inspector or assistant inspector shall be at the rate of one and a half dollars per day for the time actually engaged in the work of inspection, which sum shall be paid out of the incidental funds in the county treasury after his accounts have been examined and found correct by the county board of supervisors: provided, that no inspector shall be paid unless it be well established that the yellows disease prevails in his area of inspection. When any inspector shall be compelled to personally destroy or cause to be destroyed diseased trees or fruit as provided for in this act all necessary expenses incurred by him in so doing shall be collected by him from the owner of the premises on which the diseased trees shall be found and destroyed. The inspector shall first present a bill for said necessary expenses, which if not paid he may proceed to collect the amount of bill by proceedings before a justice of the peace and provided, further, that in no county shall the payments made out of the county funds to execute the provisions of this act exceed in any one year the sum of thirty dollars.

9. This act hereby creates the office of chief inspector of orchards for the state, which office shall be vested in the commissioner of agriculture, who shall serve without pay for duties performed under this act. It shall be the duty of this officer to prepare blank forms for the use of county inspectors and for other purposes within the scope of this act, which forms, upon the approval of the governor, shall be printed by the public printer in such number as may be necessary for the work required; further, he shall at once on the appointment of an orchard inspector furnish him with such forms and instructions as he may need for the proper prosecution of his duties, and shall at all times answer inquiries from the county inspectors or any individual interested, pass upon questions and material submitted to him for answer or examination relating to the yellows, and do all in his power to promote a correct knowledge among growers concerning this disease. He shall also keep an accurate record of the work of the inspectors in the several counties, and furnish annually on or before the first day of December of each year a condensed statement of the work done by county inspectors, the progress of the disease, the effect or noneffect of this law in checking the spread of the same, and such other matters of interest relating thereto as may be of importance.

10. Any person who shall fail or refuse to obey the order of an inspector to destroy trees or fruit as provided for in this act shall be guilty of a misdemeanor, and on conviction thereof in a justice's court shall be fined five dollars for each day which has elapsed since the expiration of the order of condemnation: provided, that no fine shall exceed twenty-five dollars for a first offence or fifty dollars for a second offence. In all cases where a term of days is specified in this act Sunday shall not be reckoned in the

count.

11. It shall be unlawful for any person, firm, association of persons, or corporation, or their agents, to bring, ship, or consign into this state for the purpose of selling or for any other purpose any peach trees infected with a disease known as peach yellows, or to sell the same so infected in this state.

12. Any person, association of persons, firm, or agent violating any provision of section eleven of this act shall be fined for each offence fifty dollars.

Sec. 1790 g. To eradicate the san jose, or pernicious scale, a disease As Amended affecting fruit trees, and to prevent its spread.-Whereas the fruit in- 1897-8, p. 592. Original Act dustry of Virginia is threatened with serious and irreparable damage by an 1895-6, p. 906. insect known as the san jose, or pernicious scale, now present in some parts of the state: therefore,

1. Be it enacted by the general assembly of Virginia, That the board of control of the state agricultural experiment station be and is hereby empowered and directed to take immediate action to suppress and eradicate this insect.

2. The said board is hereby authorized and required to designate a member of the scientific staff of the agricultural experiment station to act as inspector under the provisions of this act; and it shall be the duty of said board to promulgate rules and regulations in accordance with this act for the government of said inspector in the duties devolving upon him in the execution of the provisions of this act; and the said board may further appoint assistants as may be necessary for the purpose of aiding the inspector in the enforcement of this act.

3. The inspector shall have power under the regulations of said board to determine whether any infested plants are worthy of remedial treatment or shall be destroyed; and he shall report his findings in writing, giving reasons therefor, to the owner of the infested plants, his agent or tenants, and a copy of such report shall also be submitted to said board. In case of objection to the findings of the inspector an appeal shall be to the said board, whose decision shall be final; an appeal must be taken within three days, and shall act as a stay of proceedings until it is heard and decided.

4. Upon the findings of the inspector in any case of infested plants the treatment prescribed by him shall be executed at once (unless an appeal be taken) under his supervision, cost of material and labor to be borne by the owner, except when the county supervisors or town or city corporations shall have provided for the expense of the same as authorized in section eight of this act.

5. In case any person or persons fail or refuse to execute the directions of the inspector or of the said board after an appeal the county judge shall, upon complaint filed by the inspector or any freeholder, cite the person or persons to appear before him at the first regular session of the county court, and upon satisfactory evidence of such failure or refusal shall cause the prescribed treatment or destruction to be executed, and the expense thereof and cost of court shall be collected by execution from the owner or owners of the infested plants.

6. It shall be unlawful to offer for sale, sell, give away, or transport within the bounds of this state plants, scions, trees, shrubs, or vines infested with the san jose scale. Any person or persons violating this section shall upon conviction thereof be fined not less than fifty dollars nor more than one hundred dollars. This section shall not be construed as affecting the action of common carriers in the transportation in the article above mentioned in interstate commerce.

7. The said board of control of the agricultural experiment station, its agents or employees, are hereby empowered with authority to enter upon any premises and examine all plants whatsoever in discharge of the duties herein prescribed. Any person or persons who shall obstruct or hinder them or their 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.

1897-8, p. 80.

8. The board of supervisors of any county and the town council or city council of any incorporated town or city of this state are hereby authorized, upon the petition of ten freeholders, to appropriate from the county, town, or city treasury such funds as may be necessary for use in the said county, town, or city for the treatment and eradication of the above cited insect pest: provided, that it shall be distinctly stated in any such appropriation the specific objects for which the same is to be expended and that such treatment shall be done in accordance with the directions and under the authority of the inspector herein before provided for.

9. There is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of one thousand dollars per annum for the purpose of defraying the expenses of the execution of this act, and the auditor of the commonwealth is hereby directed to draw his warrant upon the treasurer of the same for this sum, or such parts thereof as may be necessary, until the said sum of one thousand dollars per annum be expended upon the filing with him of properly itemized vouchers certified by the chairman of said board. The said board shall make a biennial report to the governor of the state giving in detail its operations and expenditures under this act.

Sec. 1790 h. Size of barrels used for shipment of agricultural products commonly called truck.-On and after August tenth, eighteen hundred and ninety-eight, it shall not be lawful for any person in the state of Virginia to use in the shipment of those agricultural products commonly called truck a barrel of less size and dimensions than as follows, to-wit: The heads or ends shall not be less than seventeen inches; the staves shall not be less than twenty-seven and one-half inches; inside measurements at bilge not less than eighteen and one-half inches, and the height of barrel from the bottom head to the top end of the stave shall not be less than twenty-six inches; single head or double head from head up, twenty-four and one-half inches. Any person violating this section shall be fined not less than one nor more than five dollars for each offence, and the use of each barrel so prohibited used shall constitute a separate offence.

2. All barrels manufactured or offered for sale by any railroad company, agent, or transportation company, or any person in this state after the tenth day of August, eighteen hundred and ninety-eight, used or to be used in the shipment of truck shall be of not less dimensions and shall be of not less capacity than the barrels prescribed in section one. Any person or any railroad company, steamboat company, or agent of any transportation company violating this section shall be fined not less than one nor more than five dollars for each offence, and the manufacture and offering for sale of each barrel so prohibited shall constitute a separate offence. 3. Nothing contained in sections one and two shall apply to or prohibit the use or sale of ordinary flour barrels or of half-barrels, boxes, or crates. 4. The fines and penalties prescribed by this act shall be recoverable before a justice of the peace in the same manner as other fines are recoverable by law, and any justice, upon the oath of a creditable person, shall issue a warrant for any one charged with the violation of this act or any part thereof, and the amount recovered there from shall be paid into the treasury of the state: provided, that the provisions of this act shall not apply to barrels used for the shipment of apples,

CHAPTER LXXXI A.

BUREAU OF LABOR.

Sec. 1791 a. Bureau of labor and industrial statistics and for defin- 1897-8, p. 894. ing the duties of said bureau.-1. A bureau of labor and industrial sta

tistics of the state of Virginia is hereby established.

2. It shall be the duty of said bureau to collect, assort, systematize, and present in annual reports to the governor, to be by him biennially transmitted to the legislature, statistical details relating to all departments of labor, penal institutions, and industrial pursuits in the state, especially in their relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes and to the permanent prosperity of the productive industries of the state.

3. The governor shall appoint, by and with the consent of the senate, As Amended 1897-8, p. 1032. some suitable person who is identified with the labor interests of the state who shall be designated commissioner of labor statistics, and who shall upon the request of the governor furnish such information as he may require. The term of office for said commissioner shall be two years from date of his appointment, with power of removal by the governor for cause.

4. The commissioner shall have power to take and preserve testimony, As Amended examine witnesses under oath and administer the same; and in the dis- 1897-8, p. 1032. charge of his duties may under proper restrictions enter any public institution of the state and any factory, workshop, or mine. The commissioner may also furnish and deliver a written or printed list of interrogations to any person, company, or the proper officer of any corporation and require full and complete answers to be made thereto and returned under oath within thirty days of receipt of said list of questions; and if any person who may be sworn to give testimony shall wilfully fail or refuse to answer any legal and proper question propounded to him concerning the subject of such examination as indicated in the second section of this act, or if any person to whom a written or printed list of such interrogations has been furnished by said commissioner shall neglect or refuse to fully answer and return the same under oath, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be fined in a sum not exceeding one hundred dollars nor less than twenty-five dollars, or by imprisonment in the county jail not exceeding ninety days, or by both fine and imprisonment: provided, however, that nothing in this act shall be construed as permitting the commissioner or any employee of this bureau to make use of any information or statistics gathered from any person, company, or corporation for any other than the purposes of this act.

5. All state, county, township, and city officers are hereby directed to furnish said commissioner upon his request all statistical information in reference to labor which shall be in their possession as such officers.

6. The sum of two thousand dollars per annum is hereby appropriated out of any funds in the state treasury not otherwise appropriated, eight hundred dollars of which is to be used as salary of the said commissioner and the balance to be used to meet contingent expenses, and so forth.