110 Appendix. 



trees, plants, vegetables, vines, or any fruit packing house, storeroom, 

 salesroom, or any other place within their districts, and if found in- 

 fested with any pests, diseases or fungous growths injurious to fruits, 

 plants, vegetables, trees, or vines, or with their eggs or larvae, liable to 

 spread to other places or localities, or such nature as to be a public 

 danger, they shall notify the owner or owners, or person in charge of 

 or in possession of such ai'ticles, things or places, that the same are so 

 infested, and shall require said persons to eradicate or destroy said 

 insects or pests, or their eggs or larvae, or to treat such contagious 

 diseases within a certain time, to be specified in said notice. Said 

 notices may be served upon the person or persons, or any of them, own- 

 ing, '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 deputized by the 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 treat- 

 ment approved by the commissioners for the eradication or destruction 

 of said pests, or the eggs or larvae thereof, or the treatment of contagi- 

 ous diseases or fungous growths. Any and all such places, orchards, 

 nurseries, trees, plants, shrubs, vegetables, vines, fruits 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 chai'ge 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 on the property of any non-resident or any 

 property not in the possession of any person, and the owner or owners 

 of which can not be found by the resident member of the Board or the 

 secretary, after diligent search within the district, it shall be the duty 

 of the Board, or the member thereof in whose district said nuisance 

 shall exist, or the seci-etary under his or their direction, to cause such 

 nuisance to be at once abated, by eradicating or destroying said insects 

 or pests, or their eggs or larvae, or by ti'eating or disinfecting the in- 

 fested, or diseased articles. 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 be- 

 come a lien upon 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 foreclose such liens shall be brought in the circuit court 

 of the county where the premises are situated, by the district attorney, 

 in the name and for the benefit of the county making such payments. 

 The proceedings in such cases shall be governed by the same rules, as 

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

 property 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 summary manner. 



