The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-10-28

Be it enacted by the Legislative rs
sembly of the Territory of New
Mexico:
Section Within twenty days af-
ter h passage of this Act it shall be
incumbent upon the county commits
sioners of each county of New Mexi-
co, On petition of ten taxpaying cltI-
m of said county, to select three
competent persons, fruit growers, or
owners of orchards, residents of such
county, who shall be known as the
County Board of horticultural Com
missioners. The Board of County
Commissioners shall fill any vacancy
that may occur in said board by
death, resignation or otherwise, and
appoint one Horticultural Commits
sioner each year, or whereabouts, one
month, or thereabouts, previous TO
the expiration of the term of Office
of any memebr of the said County
Board of Horticultural Commission
ers. Said County Board of Horticul-
tural Commissioners shall serve for
a term of three years from date of
appointment, except the Commission
ers first appointed, one of whom shall
serve for one year., one of whom for
two years. and II of whom for three
years from date of appointment. The
Commissioners first appointed shall
themselves decide by lot OIL otherwise,
who shall serve for one year, VINO
shall serve for two years. and who
shall serve for three years, and shall
notify the Board of County Commis-
sioners of the result of their choice.
Section 2.-It shall be the duty of
the County Board of Horticultural
Commissioners in each county, when
ever it shall deem it necessary, to
cause an inspection to be made OF
any orchard, or nursery, or tree. or
any fruit packing house, store room,
salesroom. or any other place in their
Jurisdiction. and if ound infested
with scale bug, collin moth, or other
insect pest, Injurious to fruit, trees,
and vines, they shall notify the OWL
or owners, or person or persons
in charge or possession of said trees
place, aforesaid, that the same are
with said insects, or any of
them, or their eggs or larvae, a1d
they shall require sue person or per-
sons to disinfect or destroy the same
within a certain time, to be specified
Provided, that no spraying OF trees
while in bloom shall be required 10
done. If within such time such
d~isinfection or destruction has not
been accomplished, the said person
Or persons shall be required to make
application of such treatment for the
purpose of destroying them as said
commissioners may prescribe. Said
may be served pon the per
charge or possession of such infested
trees, or places, or articles as afore-
said, by any Commissioner, or by any
person deputed by the said Commits
for that purpose, or they nay
be served in the same name as a
SuI1IIIOIlS III d civil dCIIoh IL ~
owner or owners or persons in charge
or possession of any orchard, or nuT-
sery, or trees or places, or articles in
'ested with said insects, or any any
# them, or their. larvae or eggs, after
having been notified as above to des-
roy the same. or make application OF
treatment as directed, shall fail, neg
ect. or refuse to do so, he or they
shall be deemed guilty of maintain
ng a public nuisance, and any such
richard, nursery, trees, or places, or
thus infected shall be adj
judged and the same is hereby declar-
d a public nuisance, and may be pro-
against as such. If found
,uilty. tn court shall direct the afore-
aid County Board of Horticultural
commissioners to abate the nuisance
rhe expenses thus incurred shall be
lien upon the e a property of the
defendant.
Section 3.-The said County Board
# Horticultural Commissioners shall
ave power to divide the county in
o districts and to appoint a local in
pector for each of said districts Ire
3oard of County Commissioners of
.ach county shall issue commissions
s quarantine guardians to the neEl
,ers of said County Board of Horticul
ural Commissioners, and 20 the local
thereof. The said quaran
guardians, local inspectors, or
members of said county boards of
Horticultural Commissioners shall
the authority to enter into any