NEW MEXICO. 99 



of ten tax-paying citizens of said county, to select three competent persons, fruit 

 growers or owners of orchards, residents of such county, who shall be known 

 as the county board of horticultural commissioners. The board of county com- 

 missioners shall fill any vacancy that may occur in said board by death, resigna- 

 tion, or otherwise, and appoint one horticultural commissioner each year, or 

 thereabouts, one month, or thereabouts, previous to the expiration of the term of 

 office of any member of the said county board of horticultural commissioners. 

 Said county board of horticultural commissioners shall serve for a term of three 

 years from date of appointment, except the commissioners first appointed, one 

 of whom shall serve for one year, one of whom for two years, and one of whom 

 for three years, from date of appointment. The commissioners first appointed 

 shall themselves decide by lot or otherwise who shall serve for one year, who 

 shall serve for two years, and who shall serve for three years, and shall notify 

 the board of county commissioners of the result of their choice. 



Sec, 2. It shall be the duty of the county board of horticultural commissioners 

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

 be made of any orchard, or nursery, or trees, or any fruit packing house, store- 

 room, sales-room, or any other place in their jurisdiction, and if found infested 

 with scale bug, codlin moth, or other insect pest injurious to fruit, trees, and 

 vines, they shall notify the owner or owners, or person or persons in charge or 

 possession of said trees or place aforesaid that the same are infested with said 

 insects, or any of them, or their eggs or larvae, and they shall require such per- 

 son or persons to disinfect or destroy the same within a certain time, to be speci- 

 fied : Provided, That no spraying of trees while in bloom shall be required to 

 be done. If within such time such disinfection or destruction has not been 

 accomplished, the said person or persons shall be required to make application 

 of such treatment, for the purpose of destroying them, as said commissioners 

 may prescribe. Said notices may be served upon the person or persons owning 

 or having charge or possession of such infested trees, or places, or articles as 

 aforesaid, by anj- commissioner or by any person deputed by the said commis- 

 sioners for that purpose, or they may be served in the same manner as a sum- 

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

 sion of any orchard, or nursery, or trees, or places, or articles infested with 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 maintain- 

 ing a public nuisance, and any such orchards, nurseries, trees, or places, or arti- 

 cles thus infested shall be adjudged and the same is hereby declared a public 

 nuisance, and may be proceeded against as such. If found guilty, the court 

 shall direct the aforesaid county board of horticultural commissioners to 

 abate the nuisance. The expenses thus incurred shall be a lien upon the real 

 property of the defendant. 



Sec. 3. The said county board of horticultural commissioners shall have power 

 to divide the county into districts and to appoint a local inspector for each of 

 said districts. The board of county commissioners of each county shall issue 

 commissions as quarantine guardians to the members of said county board of 

 horticultural, commissioners, and to the local inspectors thereof. The said 

 quarantine guardians, local inspectors, or members of said county boards of 

 horticultural commissioners, and to the local inspectors thereof. The said 

 chard, nursery, or place or places where trees or plants are kept and offered 

 for sale, or otherwise, or any house, storeroom, sales room, depot, or any other 

 such place in their jurisdiction, to inspect the same, or any part thereof. 



Sec. 4. It shall be the duty of said county board of horticultural commis- 



