The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-04-09

consisting OF three members, VINO SHi1l
be qualified for the duties of Horticult-
ural Commissioner. Upon the petition
OF twenty-five resident freeholders and
possessors of an orchard, the Board
of Supervisors may remove any of said
Commissioners for cause, after a hear
ing OF the petition.
Section :. 1t shall be the duty of the
County Board of Horticultural Com
n1issioners in each county, whenever it
shall deem it necessary, to cause an
inspection TO be made Of any orchards,
or nursery, or trees, plants, vegetables
vines, or fruits, or any fruit packing
house, storeroom, salesrocm, or any
other place or article in their jurisdic-
ton, and if found infested with scale
insects, or Goblin moth, or other pests
injurious to fruit, plants, vegetables
trees, Or vines, or with their eggs, or
larvae, they shall notify the owner or
owners, or person or persons in charge
or in possession of the said places, or
orchards, or nurseries, or trees, or
plants, vegetables, vines, or fruit, or
articles as aforesaid, that the same are
infested with said insects, or other
pests, or any of them, or their eggs Or
larvae and they shall require such per-
son or persons, to eradicate or destroy
the said insects, or other pests, or their
eggs or larvae within a certain time to
be specified. Said notices may be
served upon the person or persons, or
either Of them owning, or having
charge. or having possession of such
infested place, or orchard, or nursery,
or trees, plants, vegetables, vines, or
fruit, or articles, as aforesaid, by any
Commissioner or by any person dep
uted by the said Commissioners for
that purpose, or they may be served
in the same manner as a summons in
a civil action. Any and all such places,
or orchards, or nurseries, or trees,
plants, shrubs, vegetables vines fruit
or articles thus infested, are hereby
adjudged and declared to be a public
nuisance; and whenever any such nui-
Sance shall exist at any place, within
their jurisdiction, or on the property
Of any nonresident, or on any property
the owner or owners of which cannot
be found by the County Board Of
Horticultural Commissioners after dill
gent search, within the county or on
the property of any owner or owners
upon which notice aforesaid has been
served, and who shall refuse or neg
lect to abate the same within the time
specified, it shall be the duty of the
County Board Of Horticultural Com
missionerS to cause said nuisance to
be at once abated, by graduating or
destroying said insects, or other pests,
or their eggs, or larvae. The expense
thereof shall be a county charge, and
the Board of Supervisors shall allow
or na Of 10 ,-,I
fund of the county Any and all sum
or sums so paid shall be and become
a lien on the property and premises
from which said nuisance has been
removed or abated, in pursuance of this
Act, and may be recovered by an action
against such property and premises. A
notice of such lien shall be filed and
recorded in the office Of the County
Recorder Of the county in which said
property and premises are situated
within thirty days after the right to
the said lien has accrued An action
to foreclose such a lien shall be COM
menced within ninety days after the
filing and recording of said notice of
lien, which action shall be brought in
the proper court by the District Attor-
ney of the county, in the name and for
the benefit Of the county making such
payment or payments, and when the
property is sold enough Of the proceeds
shall be paid into the County Treasury
of such county to satisfy the lien and
costs; and the overplus, if any there
be, shall be paid to the owner of the
property, if he be known, and, if not
into the court for his use when ascer-
tanned. The County Board of Horti-
cultural Commissioners is hereby vest
ed with the power to cause any and all
such nuisances to be at once abated in
a summary manner.
Section ,. Said County Boards of
Horticultural Commissioners shall have
power to divide the county into dis
tricts to appoint IL local inspector, to
hold office at the pleasure of the Com
missiOners, for each of said districts.
The State Board of Horticulture may
issue commissions as quarantine guar
dams to the members of said County
Board of Horticultural Commissioners
and to the local inspectors thereof.
The said quarantine guardians, local in
SpectorS, or members Of said County
Boards of Horticultural Commissioners
shall havefull authority to enter into any
orchard, nursery, place or places where
trees or plants are kept and offered for
sale or otherwise or any house. store
room, salesroom, depot or any other such
place in their jurisdiction. to inspect the
same, or any part thereof.
Section 4. It shall be the duty Of said
County Board of Horticultural Com
missioners to keep a record of their Off
cial doings, and to make a report to the
State Board of Horticulture on or be-
fore the first day of October of each
year, of the condition of the fruit inter-
ests in their several districts, what is
being done to eradicate insect pests,
also as to disinfecting, and as to quar-
antine against insect pests and diseases
and as to carrying out all laws relative
to the greatest good Of the fruit in
terest. Said board may publish said
reports in bulletin form, or may incor-
porate so much of the same in their
annual reports as may be of general
interest.
Section ). The salary of all inspectors
working under the County Board of
Horticultural Commissioners shall be
81 so per day. IN the case of the
Commissioners themselves, their com
pensation shall be 81 per day. when ac-
tually engaged in the performance of
their duties. and itemized necessary
travelling expenses incurred in the dis
charge of their regular duties as pre-
scribed in this Act.
Section 6. IT shall be the duty Of the
County Board of Horticultural Commits
sioners to keep a record of their Off
cih doings and make a monthly report