Horticultural Laws. 133 



Section 7. That section 4185 of tlie Codes and Statutes of Oregon, as 

 compiled and annotated by C. B. Bellinger and William W. Cotton, be and 

 the same is hereby amended to read as follows: 



See. 4185. It shall bo the duty of the several members of the Board 

 and of the secretary or the county inspectors under their direction, when- 

 ever thoy shall deem it necessary, to cause an inspection to be made of any 

 orchards, 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 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 with;n 

 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 

 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 alj 

 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 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 sec- 

 retary 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. The expenso 

 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 foreclose 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 proceedings in such cases shall be governed by the same rules, as f:ir 

 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 ap- 

 plied 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. 



