Horticultural Law. 79 



law in regard to quarautiniug, disinfection, and destruction of pests. The salary 

 of quarantine guardians shall be fixed by the Board at not to exceed §;2.00 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 quarantined locality is wholly or in part located ; Imt in no 

 case shall they liave 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 af- 

 fected, consistent with the safety and welfare of the fruit interests of the whole 

 State. 



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

 of the secretary, under tlieir 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, cr such nature as to be a public dan- 

 ger, they shall notify the owner or owners, or person in cliarge of or in pos- 

 session 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 sucli contagious diseases within a certain time, to be speci- 

 fied in said notice. Said notices may be serv*ed upon the person or persons, or 

 any of them, owning, having charge, or liaving possession of such infested place, 

 article, or thing, by any member of the Board, or by tlie secretary tliereof, or by 

 any person deputized by the the said Board for that purpose, or they may be 

 served in the same manner as a summons in an action at law. Sucli notice shall 

 contain directions for the application of some treatment approved by the commis- 

 sioners 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 thus infested are hereby declared to be a public nuisance : and wlienever 

 any such nuisance shall exist at any place in tlie 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 wlio 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 property 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 secre- 

 tary, 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 un- 

 der 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 disinfect- 

 ing 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 tlie general fund of the 

 county. Any and all sums so paid shall be and become a lien upon 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 sucli liens shall be brought in tlie 

 circuit court of the county where tlie premises are situated, by the district at- 

 torney, in tlie name and for the benefit of the county making such 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 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 all meetings of 

 the Board, and to preserve records of the proceedings, correspondence and actions 

 of the Board, to collect books, pamphlets, periodicals, and other documents, contain- 



