142 Report of State Board of Horticulture. 



or owners or persons in charge of or in possession of such articles, 

 things or places, that the same are so infested, or in case such fruit 

 trees or nursery stock, although apparently sound and not infested by 

 any pest, shall have been from an infested district beyond the limits 

 of this State, they shall also so notify the owner or owners or persons 

 in charge of or in possession of the same, and shall require said persons 

 to eradicate or destroy said insects or pests or their eggs or larvae, or 

 such imported fruit trees or nursery stock of infestecT districts without 

 the limits of the State, or to treat such contagious diseases within a cer- 

 tain time to be specified in said notice. Said notice may be served upon 

 the person or persons, or any of them, owning, having charge or having 

 possession of such infested place, article, or thing, by any member 

 of the board, or by the secretary thereof, or by any person deputed by 

 said board for that purpose, or they may be served in the same manner 

 as a summons in an action at law. Such notice shall contain directions 

 for the application of some treatment approved by the commissioners 

 for the eradication or destruction of said pests, or the eggs or larvae 

 thereof, or the treatment of contagious diseases or fungous growths. 

 Any and all such places, orchards, nurseries, trees, plants, shrubs, 

 vegetables, vines, fruit, or articles thus infested are hereby declared to be 

 a public nuisance; and whenever any such nuisance shall exist at any 

 place in the State on the property of any owner or owners upon whom 

 or upon the person in charge or possession of whose property notice 

 has been served as aforesaid, and who shall have failed or refused to 

 abate the same within the time specified in such notice, or in the prop- 

 erty of any nonresident or any property not in the possession of any 

 person and the owner or owners of which cannot be found by the resi- 

 dent members of the board or the secretary or county inspector after 

 diligent search within the district, it shall be the duty of the board 

 or the member thereof in whose district the nuisance shall exist, or the 

 secretary or county inspector under his or their directions, to cause 

 such nuisance to be at once abated by eradicating or destroying said 

 insects or pests or their eggs or larvae, or by treating or disinfecting or 

 destroying the infested or diseased articles, or imported fruit trees or 

 nursery stock imported from an infested district without the limits 

 of this State. The expense thereof shall be a county charge and the 

 county court shall allow and pay the same out of the general fund of 

 the county. Any and all sums so paid shall be and become a lien on 

 the property and premises from which said nuisance shall have been 

 removed or abated, in pursuance of this act, and may be recovered by a 

 suit in equity against such property or premises, which suit to fore- 

 close such liens shall be brought in the circuit court of the county where 

 the premises are situate, by the district attorney in the name and for the 

 benefit of the county making such payment or payments. The pro- 

 ceedings in such cases shall be governed by the same rules, as far as 

 may be applicable, as suits to foreclose mechanics' liens, and the prop- 

 erty shall be sold under the order of the court and the proceeds applied 

 in like manner. The board is hereby invested with the power to cause 

 such nuisances to be abated in a summarv manner. [L. 1895, p. 37, § 8; 

 B. & C. § 4186; L. 1907, c. 58, p. 110, § 2.] 



§ 5488. Duties of Secretary. 



It shall be the duty of the secretary to attend all meetings of the 

 board, and to preserve records of the proceedings, correspondence, and 

 actions of the board, to collect books, pamphlets, periodicals, and other 

 documents containing- valuable information relating to horticulture, 

 and to preserve the same; to collect statistics and general information 



