44: LAWS AGAINST IXJUEIOUS IXSECTS. ^ 



Sec. 4. The board shall appoint a State horticultural inspector, whose juris- 

 diction shall extend throughout the State, and shall fix his salary at not less 

 than S900 per annum. They shall also divide the State into not more than ten 

 districts, and the State horticultural inspector shall appoint, subject to the con- 

 firmation of the board, a deputy State horticultural inspector for each district so 

 established if necessary. The persons so appointed shall be especially quali- 

 fied for their position by reason of a practical knowledge of horticulture and 

 the pests incident thereto. Their jurisdiction shall be limited to their respec- 

 tive districts. Said inspectors shall hold their office during the pleasure of said 

 board. Said board shall make an estimate of the amount of money available 

 for each district for each year, and no inspector shall incur any expense in the 

 discharge of his duties in excess of said estimate furnished him by said board. 

 The aggregate sum of all the estimates furnished to the various inspectors in 

 jiny one year must in no case exceed the amount available for carrying out this 

 act for such year. 



Sec. 5. Each inspector so appointed shall re -eive as compensation for his 

 services as »uch inspector the sum of five dollars per day for each day actually 

 and necessarily employed in the discharge of his duties as prescribed in this 

 act. Such compensation shall be paid out of the general fund of the State, upon 

 warrants duly drawn by the State auditor, only after the bills presented for 

 such services shall have been audited and approved by the secretary and a 

 majority of said board and audited as other bills against the State of Idaho. 



Sec. 6. It shall be the duty of said inspectors, or State inspector, either on 

 their own motion, or upon the complaint of interested parties, to enter and make, 

 or cause to be made, inspection of any field, rights-of-way, of any irrigation 

 canals, or railways, public highways, fields, orchards, nurseries, fruit packing 

 houses, storerooms, sales-rooms, depots, or other places where fruits are grown 

 or stored, and of fruits, trees, vines, plants, shrubs, or other articles within the 

 State, supposed to be, or liable to be, infested with pests, or with their eggs or 

 larvse, or infested with any contagious diseases injurious to fruits, plants, trees, 

 shrubs, vines, as hereinafter provided. If uik)u any inspection there be found 

 any disease, or pests, eggs, or larvie of any pests injurious to fruits, plants, 

 trees, shrubs, or vines, the inspector shall notify the owner or owners, or the 

 person or persons in charge or in possession of said places, fields, orchards, 

 nurseries, trees, plants, shrubs, vines, fruits, or other articles as aforesaid ; the in- 

 spector shall require such person or persons to eradicate or destroy said injurious 

 pests or insects, or their eggs or larvne within a reasonable time, to be specified. 

 Said notice shall be served in person or in writing on said person or persons, or 

 either of them, owning or having in charge such infested places, rights-of-way. 

 fields, orchards, nurseries, trees, shrubs, vines, plants, fruits, or other articles 

 as visited by the inspector, or it may be served in the same manner as the sum- 

 mons in a civil action. If the owner or owners, or person or persons in charge 

 or in possession, of any highway, rights-of-way of canal or railways, fields, 

 orchards or nurseries, or trees or plants, or other articles infested with anj- in- 

 sect, or their eggs or larvae, or any disease injurious to any trees, fruits, vines, 

 shrubs, plants, or any other articles infested, after having been notified, as 

 above, to eradicate and destroy the same, shall fail, neglect, or refuse so to do, 

 then any and all such places, public highways, rights-of-ways, fields, orchards, 

 nurseries, trees, plants, vines, fruit, or other articles thus infested are adjudged 

 and declared to be a public nuisance and shall be proceeded against as such ; 

 and whenever any such nuisance shall exist at any place in the State or on the 

 jn-operty of any non-resident, or on any highway, rights-of-way, or fields as 

 aforesaid, or on any property the owner or owners of which can not be found 



