98 LAWS AGAIXST IXJUEIOrS IXSECTS. 



affirmation may be made upon information and belief by any member of said 

 committee of appeal and the complaint shall be based upon a report from the 

 State entomologist certifying the character of the offense committed and the 

 proof supporting the charge : said process shall be in the nature of a summons, 

 returnable in not less than one nor more than ten entire days, and shall state 

 what section of the law is alleged to have been violated by the defendant or 

 defendants : at the return of said summons or at any time to which the trial 

 shall hare been adjourned the said district court, justice of the peace, police 

 justice, or rec-order, shall proceed summarily to hear the testimony and to 

 determine and give judgment in the matter without the filing of any pleadings, 

 either for the prosecutor for the recovery of the fine or penalty incurred, with 

 costs, or for the defendant or defendants : if such judgment be for the prosecutor 

 as aforesaid it shall state the character of the complaint, the section of this act 

 under which the proceedings were taken, the date of the trial, the names of the 

 witnesses who testified for the prosecutor, the names of the witnesses who 

 testified for the defendant, the amount of the fine or penalty for which judgment 

 is given, which shall be the sum specified in the section of this act under which 

 the proceedings were taken and the judgment obtained, the amount of costs 

 assessed against the defendant which shall be the c-osts allowed by the provisions 

 of the act entitled "An act concerning district courts," approved June fourteenth, 

 in the year one thousand eight hundred and ninety-eight ; such other or further 

 orders to the officer authorized by law to enforce such judgment as are pro- 

 vided for in section fourteen of this act. and that execution do issue against the 

 goods and chattels of said defendant for the amount of said fine or penalty and 

 costs : said judgment shall be signed by the judge of the district court, justic-e 

 of the peace, police justice, or recorder giving the same : the officers to serve any 

 process or execution issued as aforesaid shall be the c-ounty constables, and 

 vrithin the jurisdiction of any district court shall include the sergeant-at-arms 

 thereof, which service and execution shall in all cases be made in the same man- 

 ner and under the same liabilities that other processes and executions issued 

 out of the district courts of this State are served and executed under and by 

 virtue of the act concerning district courts cited above: all fines or penalties and 

 costs shall be paid by the officer collecting the same to the treasurer of the State 

 board of agriculture who shall, after deducting therefrom the necessary costs of 

 prosecution, pay the balance into the treasury of the State, acc-ompanied by a 

 statement showing the amount c-ollected and the cost of collecting the same ; said 

 officer executing the judgment shall also, if it contains an order to seize and 

 destroy trees, shrubs, or other plants, make return to the court from which the 

 execution issued, stating that the order has been carried out. or if it has not 

 been carried out. the reasons why the judgment of the court could not be 

 enforced. 



2. This act shall take effect immediately. 



Approved March 22, 1904. 



XEW MEXICO. 



Chaptek 107. Laws of 1903. 



Ax Act to create county boards of horticultural commissioners in the Territory of New 

 Mexico, and to promote the horticultural interests in said Territory. 



Be it enacted by the legislative assembly of the Territory of Xeic Mexico: 

 Sectio:?; 1. Within twenty days after the passage of this act it shall be incum- 

 bent upon the county commissioners of each county of New Mexico, on petition 



