8 Report of State Board of Horticulture. 



places, that the same are so infested, and shall require said persons to eradi- 

 cate or destroy said insects or pests, or their eggs or larvte, 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 

 deputied 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 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, fruit or articles thus infested are hereby declared to be a public nui- 

 sance ; 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 on the property of any nonresident, or any prop- 

 erty 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, 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 

 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, upon the property and premises from which said 

 nuisance shall have been removed or abated, in pursuance of this act, and 

 maybe 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 situated by the district attorney, in the 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 appli- 

 cable, 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 doc- 

 uments, containing valuable information relating to horticulture, and to 

 preserve the same ; to collect statistics and general information showing 

 the actual condition and jorogress of horticulture in this state and elsewhere ; 

 to correspond v/ith agricultural and horticultural societies, colleges and 

 schools of agriculture and horticulture, and such other persons and bodies 

 as may be directed by the board, and prepare, as required by the board, re- 

 ports for publication. 



