136 Report of State Board of Horticulture. 



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 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 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 in- 

 spector 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 dis- 

 eased 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 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 

 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 ap- 

 plied in like manner. The Board is hereby invested with the power to 

 cause such niusanceg to be abated in a summary manner. 



Filed in the office of the Secretary of State, February 19, 1907. 



