340 THE MONTHLY BULLETIN. 



§ 2319?. Any person wilfully refusing to comply with orders lawfully made under 

 and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction 

 shall be fined not to exceed five hundred dollars. 



§ 2319i. All moneys paid hereunder shall be paid by the State Treasurer from 

 moneys appropriated for the support of the office of State Commissioner of Horticul- 

 ture, and expenses other than the salary of the Commissioner, the compensation of 

 his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as 

 allowed and provided by this chapter, must be certified by the said Commissioner and 

 be approved by the state board of examiners before being audited and paid. 



AN ACT RELATING TO THE COUNTY COMMISSIONER OF 



HORTICULTURE. 



[Approved March 25, 1911.] 



The peoiJle of the State of California, represented in Senate and Assemblij, do enact 



as follows: 



§ 2322, Political Code. Whenever a petition is presented to the board of super- 

 visors of any county, or city and county, and signed by twenty-five or more persons 

 each of whom is a resident freeholder and possessor of an orchard, or greenhouse or 

 nursery, stating that certain or all orchards, or nurseries or trees or plants of any 

 variety ' are infested with any serious infectious diseases, or insects of any kind 

 injurious to fruit, fruit trees, vines, or other plants or vegetables, or that there is 

 growing therein the Russian thistle or saltwort ( Salsoli kali var. tragus), Johnson 

 grass (^ Sorghum halepense) or other noxious weeds, codlin moth or other insects that 

 are destructive to trees and plants ; and praying that a commissioner be appointed 

 by them, whose duties shall be to supervise the destruction of said insects, diseases 

 or Russian thistle or saltwort, Johnson grass or other noxious weeds, as herein pro- 

 vided, the board of supervisors shall immediately notify the state board of horticul- 

 tural' examiners to furnish them a list of eligibles or competent persons as herein- 

 after provided, and from such list the said supervisors shall appoint a Commissioner 

 in accordance with the provisions of this chapter, whose term of ofRce shall be for 

 four years and until his successor shall be appointed and qualified and who shall 

 give a bond in the sum of one thousand dollars for the faithful performance of his 

 duties. The said term of office of any and all county commissioners heretofore or 

 hereinafter appointed shall commence on the date of appointment, and be for a 

 period of four years and until his successor shall be appointed and qualified, at the 

 end of which period the said term shall terminate, and said term shall run with and 

 be attached to said office. In any case where such petition has already been pre- 

 sented or submitted, or is on file at the time of the passage of this act, as the basis 

 for the appointment of a board of horticultural commissioners under this chapter as 

 heretofore existing, such petition shall continue in full force and effect and the board 

 of supervisors of any county, or city and county with which any such petition has 

 been filed, or in which any board of horticultural commissioners has heretofore ex- 

 isted, must appoint a county horticultural commissioner. The person appointed to 

 such position must be specially qualified for his duties and must be chosen and 

 appointed by the board of supervisors from a list of eligible persons recommended 

 and nominated to said board as hereinafter provided, such appointment to be made 

 within thirty days after receipt of said list by said board of supervisors, and the said 

 board of supervisors shall provide a suitable office for the said commissioner and all 

 necessary expenses in the maintenance of said office shall be paid by said board of 

 supervisors. A state board of horticultural examiners is hereby created consisting 

 of the Dean of the Agricultural College of the University of California, the State 

 Commissioner of Horticulture and the superintendent of the State Insectary, who are 

 ex officio members of said board. They shall serve without pay and said board shall 

 provide convenient means for the examination of candidates for appointment as hor- 

 ticultural commissioner. While in the performance of their duties as members of 

 said board they shall be allowed all their necessary expenses for traveling, printing, 

 postage and other incidental matters to be paid out of any appropriations made for 

 the support of the office of the State Commissioner of Horticulture. At least thirty 

 days before the date of the examination of candidates for the said appointments the 

 state board of horticultural examiners shall post or cause to be posted in three pub- 

 lic places in said county notice of the time and place at which such examination will 

 be held, setting forth the conditions and subjects of said examination. At the time 

 and place stated and agreed upon such examination shall be held. Said examination 

 shall be in writing and the board of horticultural examiners may appoint one of 

 their own number, or some other reliable, competent person to conduct the holding 

 of such examination in each county and forward the papers of each applicant to the 

 board for consideration. Within twenty days after the examination is held said 

 examiners shall certify to the board of supervisors of the county, or city and county 



