128 Report of State Board of Horticulture. 



the fact to the Board, who may confirm such action or may re-establish 

 the said quarantine, in which case it shall not be again suspended but by 

 action of the Board. 



Section 8. The Board, and, in case of necessity during the recess of 

 the Board, tlie member residing in a quarantined district, or the secre- 

 tary, may appoint such quarantine guardian as may be needed to carry out 

 the provisions of this act, whose duty it shall be to see that the regulations 

 of the Board and the instructions of the secretary are enforced and carried 

 out. They shall also report to the Board all infractions or violations of 

 said regulations or the law in regard to quarantining, disinfection, and 

 destruction of pests. The salary of quarantine guardians shall be fixed by 

 the Board at not to exceed $2 per day, and shall be paid by the owners of 

 orchards or other places under quarantine, and they may maintain an action 

 therefor before any justice of the peace in any district in which any quar- 

 antined locality is wholly or in jiart located; but in no case shall they have 

 any claim upon the State for such services. 



Section 9. The powers conferred in the two preceding sections of this 

 act shall be exercised only in great and imminent danger to the fruit 

 interests of the State, and with the utmost caution and regard for the 

 rights of individuals affected, consistent with the safety and welfare of 

 the fruit interests of the whole State. 



Section 10. It shall be the duty of the several members of the Board, 

 and of the secretary, under their direction, whenever they shall deem it 

 necessary, to cause an inspection to be made of any orchard, nurseries, 

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

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

 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 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 notices 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 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 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, fruits or articles 

 thug 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 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 secretary 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 

 treating or disinfecting 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 



