116 Appendix. 



within their districts, and if found infested with any pests, diseases, or 

 fungous growth injurious to fruits, plants, vegetables, trees, or vines, or 

 with their eggs or larvae liable to spread to other places or localities, 

 or of such nature as to be a public danger, they shall notify the owner 

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

 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 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 sum- 

 mons 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 pubic 

 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 teen 

 served as aforesaid, and who shall have failed or refused to abate the 

 same within the time specified in such notice, or in the property of sny 

 non-resident or any property not in the possession of any person vnl 

 the owner or owners of which can not be found by the resi:lent membev 

 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 membev 

 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. 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 nuisan:e 

 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 whei'e the premises are situate, by the district attorney 

 in the name and for the benefit of the county making such payment 

 or 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 t're 

 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 nuisance to be abated in a summary manner. 



Filed in the office of the Secretary of State February 22, 1905. 



