SCALE INSECTS. 29 



infested with scale insects of any kind, injurious to fruit, fruit- trees, 

 and vines, codling-moth, or other insects that are destructive to trees, 

 and praying that a commission be appointed by them, whose duty it 

 shall be to supervise the destruction of said scale insects, as herein 

 provided, the board of supervisors shall, within 20 days thereafter, 

 appoint a board of horticultural commissioners, consisting of three 

 members, who shall be qualified for the duties of horticultural com- 

 missioner. Upon the petition of 25 resident freeholders and possess- 

 oi"s of an orchard, the board of supervisors may remove any of said 

 commissioners for cause, after a hearing of the petition. 



Sec. 2. It shall be the duty of the county board of horticultural 

 commissioners in each county, whenever it shall deem it necessary, 

 to cause an inspection to be made of any orchards, or nursery, or 

 trees, plants, vegetables, vines, or fruits, or any fruit packing-house, 

 storeroom, salesroom, or any other place or articles in their jurisdic- 

 tion, and if found infested with scale insects, or codling-moth, or other 

 pests injurious to fruit, plants, vegetables, trees, or vines, or with their 

 eggs, or larv^, they shall notify the owner or owners, or person or per- 

 sons in charge, or in possession of the said places, or orchards, or 

 nurseries, or trees, or plants, vegetables, vines, or fruit, or articles as 

 aforesaid, that the same are infested with said insects, or other pests, 

 or any of them, or their eggs or larvjB, and they shall require such per- 

 son or persons to eradicate or destroy the said insects, or other pests, 

 or their eggs or larvte within a certain time to be 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, by any commissioner, or by any person deputed 

 by the said commissioners for that purpose, or they may be served 

 in the same manner as a summons in a civil action. Any and all 

 such places, or Orchards, or nurseries, or trees, plants, shrubs, vege- 

 tables, vines, fruits, or articles thus infested, are hereby adjudged 

 and declared to be a public nuisance ; and whenever such nuisance 

 shall exist at any place within their jurisdiction, or on the property 

 of any non-resident, or on any property the owner or owners of which 

 cannot be found by the county board of horticultural commissioners, 

 after diligent search, within the county, or on the property of any 

 owner or owners upon which notice aforesaid has been served, and 

 who shall refuse or neglect to abate the same within the time speci- 

 fied, it shall be the duty of the county board of horticultural com- 

 missioners to cause said nuisance to be at once abated, by eradicating 

 or destroying said insects, or other pests, or their eggs, or larvje. The 

 expense thereof shall be a county charge, and the board of super- 

 visors shall allow and pay the same out of the general fund of the 

 county. Any and all sum or sums so paid shall be and become a 

 lien on the property and premises from which said nuisance has been 

 removed or abated, in pursuance of this act, and may be recovered 

 by an action against such property and premises. A notice of such 



