INJURIOUS INSECTS OF 1903. 21 



situate in the vicinity of the tract or parcel so infested as to threaten 

 the destruction of a great part of any of such grasses, grains or other 

 crops, shall from and after the date when it becomes the duty of the 

 owner or lessee thereof to plow the same as provided in this act, and 

 so long as the same remains unplowed and so infested, be deemed a 

 public nuisance. 



Sec. 2. The Board of County Commissioners in any county in this 

 state is hereby authorized at any regular or special session thereof to 

 hear and consider complaints relative to any tract or parcel of land 

 claimed to be infested with the eggs of grasshoppers, and to fully 

 investigate the facts in any such case. The certificate of the state ento- 

 mologist to the effect that he had made examination of any such infested 

 tract or parcel, or any portion thereof, described by him, and that in 

 his opinion such tract or parcel, or any portion thereof so described, is 

 or is not so infested with the eggs of grasshoppers as to be greatly 

 dangerous to grasses, grains or other crops growing, or to grow, on 

 lands situate in the vicinity of the tract or parcel so infested as to 

 threaten the destruction of a great part of any thereof, shall be prima 

 facie evidence of the facts therein stated at any such hearing of said board, 

 or in any civil action authorized by, or arising from anything done pur- 

 suant to, this act. The person complaining shall cause notice to be 

 served upon the owner of such tract, or his lessee, at least 10 days prior 

 to the day of such hearing, describing therein the tract complained of, 

 the nature of the complaint, and the session of the board when applica- 

 tion will be made for such hearing, naming the first day of such session, 

 whereupon the hearing may be had on said day, or upon such future 

 day as the board shall then appoint therefor. Such notice may be served 

 in the manner as provided in section 3 of this act for the service of a 

 copy of the order therein authorized. 



Sec. 3. If the Board of County Commissioners shall, after the hearing 

 and investigation authorized by the preceding section, be of the opinion 

 that any tract or parcel of land, or any portion thereof, is so infested 

 with the eggs of grasshoppers to the extent contemplated by section 

 one (i) of this act, it shall make and file its order to that effect, directing 

 therein that the owner or lessee of such tract or parcel plow the same 

 within the time therein stated, and cause a copy of such order to be 

 served upon such owner, or his agent, or lessee, within such time as the 

 board shall direct, not less than 20 days from the date of said order. 

 Such copy shall be served upon such owner or lessee, if he be a resident 

 of the county, in the same manner that a smnmons is served in a civil 

 action; and, if such owner or lessee resides in another county, service 

 thereof may be made upon the agent of such owner, or lessee, if any, 

 residing in the county; and. if the owner is not a resident of this state, 

 or his residence is unknown, and he has no known agent or lessee in the 

 county, then service may be made by publication for two consecutive 

 weeks in a legal newspaper printed at the county seat of such county, 

 the last of which publications shall be made not less than 10 days prior 



