18 LAWS AGAINST IXJUKIOUS INSECTS. 



Section 1. Whenever a petition is presented to the board of supervisors of any 

 countr, and signed by twenty-five or more persons, each of whom is a resident 

 freeholder and possessor of an orchard, stating that certain or all orchards, or 

 nurseries, or trees or plants of any variety are infested with any serious infec- 

 tious diseases, or scale insects of any kind, injurious to fruit, fruit trees, vines, 

 or other plants or vegetables, or that there is growing therein the Russian this- 

 tle or salt wort {SalsoU kali, variety tragus), or other noxious weeds, codlin 

 moth, or other insects that are destructive to trees, and praying that a commis- 

 sion appointed by them, whose duty it shall be to supervise the destruction of 

 said scale insects, diseases or Russian thistle or salt wort, or other noxious 

 weeds as herein provided, the board of supervisors shall, within twenty days 

 thereafter, appoint a board of horticultural commissioners, consisting of three 

 members, who shall be qualified for the duties of horticultural commissioner. 

 Upon the petition of twenty-five resident freeholders and possessors 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 commis- 

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

 tion to be made of any premises, orchards, or nursery, or trees, plants, vegeta- 

 bles, vines, or fruits, or any fruit-packing house, storeroom, salesroom, or any 

 other place or articles in their jurisdiction, and if found infested 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, or other noxious weeds, they 

 shall 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 infested with said diseases, 

 insects, or other pests, or any of them, or their eggs or larvae, or that the Rus- 

 sian thistle or salt wort or other noxious weeds is growing thereon, and they 

 shall require such person or persons to eradicate or destroy the said insects, or 

 other pests, or their eggs or larvae, or Russian thistle or salt wort, or other nox 

 ious weeds 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, vegeta- 

 bles, vines, or fruit, or articles, as aforesaid, or premises where the Russian this- 

 tle or salt wort or other noxious weeds shall be growing, 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, vegetables, vines, 

 fruit, or articles thus infested, or premises where the Russian thistle or salt 

 wort or other noxious weeds shall be growing, are hereby adjudged and de- 

 clared to be a public nuisance ; and whenever any such nuisance shall exist at 

 any place within their jurisdiction, or on the property of any nonresident, or on 

 any property the owner or owners of which can not 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 commissioners to 

 cause said nuisance to be at once abated, by eradicating or destroying said dis- 

 eases, insects, or other pests, or their eggs or larv£e, or Russian thistle or salt 

 wort or other noxious weeds. The expense thereof shall be a county charge, 

 and the board of supervisors shall allow and pay the same out of the general 



