Mar. 24.] THE NEW ZEALAND GAZETTE. 909

mental purposes, shall be allowed to be landed in this Territory. If any vessel comes to this Territory with soil, sand, rocks or stones having soil adhering thereto, on board as ballast or in bulk, and it is desired to remove the same, it shall, except as aforesaid, be dumped at sea.

No soil or sand brought to this Territory in connection with or around the roots of plants, trees, or other vegetation, or rocks or stones with soil or sand adhering to them, shall be allowed to be imported into this Territory until the same shall have been removed to a suitable place for inspection and quarantine, and there held for such length of time as, in the discretion of the Board or its officers or agents, shall be necessary to prove that it is not infected with insects, blights, scales, or diseases injurious to trees, plants, or other vegetation of value. (Sec. 14, Act 44.)

Penalty.

13. Any person violating any of the provisions of this Act, and any master of any vessel which shall bring into this Territory any article which the Board shall at any time prohibit from being imported into this Territory, and the master of any vessel from which shall be landed any article in this Act required to be inspected, until he shall have received a permit to land the said article from the Board or its officer or Inspector, as herein provided, shall be guilty of a misdemeanour, and shall be punished by a fine not to exceed $500, or by imprisonment, in the discretion of the Court. (Section 16, Act 44.)

Appeal.

14. Any person may at any time appeal from any Inspector to the Board of Commissioners, whose decision shall be final. (Section 17, Act 44.)

N.B.—See paragraph 9, section 5, Act 44, relating to Superintendent of Entomology, who shall have charge, direction, and control of all matters relating to the exclusion or eradication of insects, blights, &c., and inspection, disinfection, exclusion, or destruction of plants, fruits, vegetables, &c.

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NOTICE TO IMPORTERS.

The following sections of Act 44 of the Session Laws of 1903 have been printed for your information.

Importation of Plants, Fruit, &c.

SECTION 13. No soil, nursery stock, tree, sugar-cane, shrub, plant, flower, vine, cutting, graft, scion, bud, seed, root, fruit-pit, fruit, vegetable, leaf, nut, or moss shall be imported into the Territory of Hawaii except in the manner and upon the terms and conditions hereinafter set forth, viz.:

(1.) Labels.—A label shall be affixed to the article desired to be imported, or, if it is enclosed, to the box, barrel, case, package, or other container in which it is enclosed, which label shall set forth—

(a.) The name, number or amount, and description of the said article or articles.

(b.) The locality where the same was produced.

(c.) The port from which the same was last shipped.

(d.) The name of the shipper of said article or articles.

(e.) The name of the consignee of said article or articles.

(2.) Request for Inspection.—In addition to any requirements of the Customs authorities concerning invoices or other formalities incident to importations into the Territory, the importer shall file a written statement with the Board, signed by himself or his agent or attorney, which shall set forth his desire to import certain articles into the Territory, which articles shall be described as follows, viz.:

(a.) The name, number or amount, and description of the said article or articles.

(b.) The locality where the same was produced.

(c.) The port from which the same was last shipped.

(d.) The name of the shipper thereof.

(e.) The name of the consignee thereof.

The said statement shall also contain a request that the Board examine, or cause to be examined, the articles described as aforesaid, and agreeing to be and become responsible for all costs, charges, and expenses incident to the inspection, examination, fumigation, disinfection, quarantine, and care of said articles desired to be imported.

(3.) Blanks.—Suitable blanks shall be furnished by the Board upon which to make such requests, which blanks may provide for the insertion of other statements, and may contain other requirements which the Board, in its discretion and under the authority herein contained to make rules and regulations, may direct.

(4.) Inspection.—Immediately upon receipt of a request for inspection, in accordance with the provisions hereinabove set forth, or as soon thereafter as reasonably practicable, an Inspector of the Board shall inspect the said articles desired to be imported.

(5.) Place of Inspection.—The said inspection may, in the discretion of the said Inspector, be made on the vessel importing the same, on the wharf adjacent thereto, or any other convenient place or places which he may indicate; but said article or articles shall in no case be removed from the vessel importing the same except upon a written permit signed by said Inspector.

(6.) Unpacking or Removing.—If, in the discretion of said Inspector, it is necessary, advisable, or proper, in order to more fully inspect the said articles, to unpack the said articles or any of them, or to remove them or any of them, to any other place or places, he shall have authority so to do, at the expense of the importer.

(7.) Permit to Import.—If, upon inspection as aforesaid, or at any time thereafter, if the said article or articles are held for further examination, the said Inspector shall be satisfied that the said articles desired to be imported, or certain of them, are free from insects, blight, scale, and diseases injurious, or liable to become injurious, to trees, plants, or other vegetation of value, he shall give the importer a certificate of inspection, setting forth the date of the inspection or inspections, a description of the articles inspected, and permitting them to be imported into this Territory.

(8.) Disinfection or Quarantine.—If, in the opinion of said Inspector, it shall be necessary or proper for the better securing of the objects of this Act to fumigate, disinfect, or quarantine said article or articles, or any of them, he shall have authority so to do, at the expense of the importer.

If, in the opinion of said Inspector, it shall be necessary or proper to hold said article for continued observation or treatment, in order to be certain that no infection as aforesaid exists, or that any infection which exists or may exist therein may be eradicated, the said Inspector may so hold said article or articles in quarantine for said purpose or purposes.

(9.) Destruction of Plants, &c.—If said Inspector shall at any time, either upon said first inspection or at any time thereafter while the said article or articles are being held as aforesaid, find that the same or any of them are infected with or contain any insect, blight, scale, or disease injurious, or liable to become injurious, to trees, plants, or other vegetation of value, he shall, in his discretion, destroy the same or hold the same for further treatment.

(10.) What constitutes Importation.—The landing of any article as aforesaid for the purpose of inspection or quarantine shall not be, nor be construed to be, an importation for the purpose of giving to the article or articles so landed any status, or the owner thereof any rights or privileges incident to the articles which have been imported into the Territory; but in legal effect the articles so landed for purposes of inspection shall be construed to still be without the Territory, seeking entry into the Territory, and shall not, in whole or in part, be entitled to be imported into this Territory until a permit so to do, as aforesaid, shall have been issued by the Board, or officer or Inspector thereof.

(11.) Exceptions to Right to Import.—Nothing in this Act contained shall permit the importation of any article, or class of articles, or any article or class of articles from any particular place, if the same or any of them have, by special rule or regulation of the Board, as hereinbefore provided, been prohibited from importation into this Territory.

(12.) Port of Importation of Plants.—No nursery stock, soil, tree, sugar-cane, shrub, plant, flower, vine, cutting, graft, scion, bud, seed, root, leaf, nut, moss, or other vegetable growth (except hay, grain, fruit, vegetables, and nuts for immediate consumption) shall be imported into the Territory of Hawaii, saving and excepting through the Port of Honolulu only.

Soils.

SECTION 14. No soil, sand, or rocks or stone having soil adhering thereto, brought to this Territory as ballast, or separate from the roots of plants, trees, or other vegetation, except such as are suitable for and intended to be used as or in the manufacture of fertiliser, or for building, mechanical, or monumental purposes, shall be allowed to be landed in this Territory. If any vessel comes to this Territory with soil, sand, rocks or stones having soil adhering thereto, on board as ballast or in bulk, and it is desired to remove the same, it shall, except as aforesaid, be dumped at sea.

No soil or sand brought to this Territory in connection with or around the roots of plants, trees, or other vegetation, or rocks or stones with soil or sand adhering to them, shall be allowed to be imported into this Territory until the same shall have been removed to a suitable place for inspection and quarantine, and there held for such length of time as, in the discretion of the Board, or its officers or agents, shall be necessary to prove that it is not infected with insects, blights, scales, or diseases injurious to trees, plants, or other vegetation of value.

Fees for Inspection, Quarantine, &c.

SECTION 15. The Board shall, with the approval of the Governor, adopt a reasonable scale of charges, which may be