REPORT OF STATE BOARD OF HORTICULTURE'. 9 



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

 them, owning, liaving charge, or having possession of such 

 infested phice, article or tiling, by any member of the board, 

 or by the secretary thereof, or by any person deputed 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 destruc- 

 tion of said pests, or the eggs or larvte thereof, or the treat- 

 ment of contagious diseases or fungous growths. Any and all 

 such places, orchards, nurseries, trees, plants, shrubs, vegeta- 

 bles, 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 afore- 

 said, and who shall have failed or refused to abate the same 

 within the time specified in such notice, or on the property of 

 any nonresident, or any propert}' not in the possession of any 

 person and the owner or owners of which cannot 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 members 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 shall be and become a 

 lien on the property and premises from which said nuisance 

 shall have been removed or abated, in i^ursuance of this act, 

 and may be recovered b}' a suit in equity against such prop- 

 erty 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 proceed- 

 ings in such cases shall be governed by the same rules, as far 

 as may be applicable, as suits to foreclose mechanics' liens, 

 and the propert}' 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. 



Section 11. It shall be the duty of the secretary to attend 



