THE MONTHLY BULLETIN, 341 



for which the examination was liad, the names of such persons examined as tliey 

 deem competent and qualified for the office and from the list of names so certified 

 the supervisors shall within thirty days after the receipt of said list of names appoint 

 a horticultural commissioner. As far as possible the board of horticultural exam- 

 iners shall consult the resident horticulturists of the county in determining the 

 responsibility and moral qualifications of candidates for appointment as commis- 

 sioners and whose names they certify to the boards of supervisors of the several 

 counties. If no person or persons present themselves for examination before said 

 board of horticultural examiners or if after such examination no person is found 

 qualified, the state board of horticultural examiners shall name five competent per- 

 sons and certify them to the board of supervisors and fi'om these names the board 

 of supervisors shall within thirty days after the receipt thereof appoint a county 

 horticultural commissioner, and in such event the commissioner so appointed shall 

 hold office for the term of one year. In case of a vacancy in the office of horticul- 

 tural commissioner, the vacancy shall be filled first from the list of eligibles 

 certified to the board of supervisors under the provision of this chapter, and if 

 there be no person named on the said list of eligible persons as in this section first 

 above provided, then said vacancy shall be filled from the list of competent persons 

 named as in this section last above provided, and if said vacancy shall be filled from 

 the said list of eligibles the said person so appointed shall hold for the balance of the 

 unexpired term, but if the said vacancy be filled from the said list of competent 

 persons, the said person shall hold for the balance of the unexpired term, if the said 

 unexpired term be not longer than one year, but if said unexpired term be longer than 

 one year then such person shall not by virtue of such appointment hold longer than 

 one year from the date of his appoinLment. Whenever elsewhere in the laws of this 

 State reference is made to a county board of horticultural commissioners such 

 reference must be understood to mean or relate to the county horticultural com- 

 missioner herein provided for and said county board of horticultural commissioners 

 and the members thereof shall cease to exist as such ; provided, that all county 

 boards of horticultural commissioners existing at the time of the passage of this 

 act shall continue in office, with full power as heretofore existing until the election 

 or appointment to succeed them, of a county horticultural commissioner under the 

 provisions of this act. Upon the petition of twenty-five resident freeholders who 

 are possessors of an orchard, greenhouse or nursery the board of supervisors may 

 remove said commissioner for neglect of duty or malfeasanse in office after hearing 

 of the petition. In case of such removal upon such hearing, the board shall 

 immediately proceed to fill said office for the unexpired term as in cases of vacancy 

 as hereinbefore provided. 



§ 2322a. It shall be the duty of the county horticultural commissioner in each 

 county, whenever he shall deem it necessary, to cause an inspection to be made of 

 any premises, orchards or nursery, or trees, plants, vegetables, vines, or fruits, or 

 any fruit-packing house, storeroom, salesroom, or any other place or article in his 

 jurisdiction, and if found infected with infectious diseases, scale insects, or codlin 

 moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with 

 their eggs, or larvae, or if there is found growing thereon the Russian thistle or salt- 

 wort, Johnson grass or other noxious weeds, he shall in writing notify the owner or 

 owners, or person or persons in charge, or in possession of the said places or orchards 

 or nurseries, or trees, or plants, vegetables, vines, or fruit, or article as aforesaid, 

 that the same are infected with said diseases, insects, or other pests, or any of 

 them, or their eggs or larvae, or that the Russian thistle or saltwort, Johnson grass 

 or other noxious weeds is growing thereon, and require such person or persons, to 

 eradicate or destroy the said insects, or other pests, or their eggs or larvae, or Rus- 

 sian thistle or saltwort, Johnson grass or other noxious weeds within a certain time 

 to be therein specified. Said notices may be served upon the person or persons, or 

 either of them, owning or having charge, or having possession of such infested place 

 or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as 

 aforesaid, or premises where the Russian thistle or saltwort, Johnson grass or other 

 noxious weeds shall be growing, or upon the agents of either, by any commissioner, 

 or by any person deputed by the said commissioner for that purpose in the same 

 manner as a summons in a civil action ; provided, however, that if any such infected 

 or infested articles, property or premises as hereinabove specified belong to any non- 

 resident person and there is no person in control or possession thereof and such 

 non-resident person has no tenant, bailee, depositary or agent upon whom service 

 can be had ; or if the owner or owners of any such articles, property or premises can 

 not after due diligence be found, then such notice may be served by posting the 

 same in some conspicuous place upon such articles, property or premises, and by 

 mailing a copy thereof to the owner thereof at his last known place of residence, if 

 the same is known or can be ascertained. Any and all such places, or orchards, or 

 nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, 

 or premises where the Russian thistle or saltwort or Johnson grass or other noxious 

 weeds shall be growing, are hereby adjudged and declared to be a public nuisance ; 

 and whenever anv such nuisance shall exist at any place within his county, and the 

 proper notice thereof shall have been served, as herein provided, and such nuisance 



