NEVADA. 91 



Or destruction of such insect pests, scale bug, or codlin moth, as may be pre- 

 scribed by such commissioner. 



Sec. 3. The notice provided for in section 2 shall be a written notice and may 

 be served upon the person or persons owning and having charge or possession 

 of such infested trees or places or articles as aforesaid by the commissioner or 

 by any person deputed by him for that purpose ; or they may be served in the 

 same manner as a summons in a civil action. If the owner or owners, or any 

 person or persons in charge or possession of any orchard or nursery or trees 

 or places or articles infested with the said insects, or any of them, or their 

 larvae or eggs, after having been notified as above to destroy the same or make 

 application of treatment as directed, shall fail, neglect, or refuse to do so, he 

 or they shall be deemed guilty- of maintaining a public nuisance, and any such 

 orchards, nurseries, trees, or places, or articles thus infested shall be adjudged 

 and the same is herebj'- declared to be a public nuisance, and may be proceeded 

 against as such. If the owner or owners, person or persons aforesaid be found 

 guilty, the court shall direct the aforesaid county horticultural commissioner 

 to abate the nuisance. All the expenses or liabilities incurred in such pro- 

 ceeding, together with the costs, shall or may be a lien upon the real property 

 of the defendant or property proceeded against. 



Sec. 4. Said horticultural commissioner shall have power to divide the county 

 into districts and to appoint a local inspector for each of said districts, who shall 

 be known as " district horticultural inspectors," who shall serve without com- 

 pensation, and who shall be subject to the supervision and control of the county 

 horticultural commissioner, and whose authority may at any time be revoked. 

 The county horticultural commissioner or his local inspectors shall have full 

 power and authority to enter into any orchard, nursery, or place or places 

 where trees or plants are kept and offered for sale or otherwise, or any house, 

 storeroom, salesroom, depot, or any such place in their jurisdiction to inspect 

 the same or any part thereof. 



Sec. 5. The county horticultural commissioner shall be paid for each day 

 actually engaged in the performance of his duty under this act, which amount 

 or amounts shall be payable out of the county treasury of his county. The 

 amount of compensation shall be fixed and determined by resolution of the 

 board of county commissioners prior to the time of appointing such county hor- 

 ticultural commissioner. 



Sec. 6. Before the person appointed as countj- horticultural commissioner en- 

 ters upon the discharge of his duties, or at any time thereafter, the board of 

 county commissioners may require a bond of such appointee, which bond shall 

 be conditioned for the true and faithful performance of the duties of such 

 appointee hereunder and which bond shall be in an amount, with sureties, to be 

 fixed and approved by said board of county commissioners. 



Sec 7. If the countj^ horticultural commissioner of any county shall fail or 

 neglect to perform the duties of his office as required by this act he may be re- 

 moved, and the district attorney of such county may institute a civil action to 

 recover from the sureties on such bond all damages occasioned by such failure 

 or neglect, or any person aggrieved thereby shall have a right of action upon 

 such bond against the sureties thereon. In case of removal of such county 

 horticultural commissioner or of vacai^y, occasioned by death, resignation, or 

 otherwise, the county commissioners may fill such vacancy thus formed by 

 appointment. 



Sec 8. It shall be the duty of the county horticultural commissioner to keep a 

 true and accurate record of his and his local inspectors' official acts hereunder 

 and to make a quarterly report to the boari of county commissioners, and they 



