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THE HORTICULTURAL COMMISSIONER'S AUTHORITY 

 FROM THE STATE 



Section 2322a of the Political Code of the State of California is 

 as follows : 



It shall be the duty of the county horticultural commissioner in 

 each county, whenever he shall deem it necessary, to cause an in- 

 spection to be made of any premises, orchards or nursery, or trees, 

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

 room, salesroom, or any other place or article in his jurisdiction, 

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

 coddling 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 saltwort, 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 Russian 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, how- 

 ever, that if any such infected or infested articles, property or 

 premises as hereinabove specified belong to any non-resident per- 

 son 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 



