Law of j905. 349 



anc of his duty shall be charged against the county where the service is performed, 

 as if he had been appointed by the county court of said county. 



Section 5. The State District Commissioner of Horticulture shall hear and 

 promptly decide all appeals from the County Inspectors in his district, and his de- 

 cision shall have full force and eflfect until set aside by the courts of the State. 



All appeals from County Inspectors to the District Commissioners shall be 

 under the form and regulations as prescribed by the State Board of Horticulture. 



Section 6. That section 4178 of the 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 : 



Section 4178. Said Board shall employ without their number a Secretary, wlio 

 shall exercise the powers and discharge the duties conferred upon him by 

 this act, and whose compensation shall not exceed ,$100 per month, to be paid 

 in the same manner as other State officers. Said Board shall also elect from 

 their own number a Treasurer. Before entering upon the discharge of his duties, 

 each member of the Board shall make and subscribe an oath to support the Con- 

 stitution of the United States and of the State of Oregon, and to diligently, 

 faithfully and impartially discharge the duties of his office, which said oaths shall 

 be filed with the Secretary. The Secretary shall make and subscribe a like 

 oath, which shall be filed with the Treasurer of the Board. 



Section 7. That section 4185 of the 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 : 



Section 4185. It shall be the duty of the several members of the Board and 

 of the Secretary or the County Inspectors under their direction, whenever they 

 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, disease, 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, 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 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 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 member 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 said 

 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 destroy- 

 ing said insects or pests, or their eggs or larvae, or by treating or disinfecting 

 or destroying 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 



