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destroying them, as said commissioner 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 the commissioner or 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 (in) of any orchard, or nursery, or trees, or places, or articles infested 

 with said insects, or any of them, or their larv;e or eggs, after having been notified 

 as above to de-troy the same, or make application of treatment as directed, shall 

 fail, neglect, or refuse so to do, 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 hereby declared a public nuisance, and 

 may be proceeded against as such. If found guilty, the court shall direct the afore- 

 said county horticultural commissioner to abate the nuisance. The expenses thus 

 incurred shall or may be a lieu upon the real property of the defendant or property 

 proceeded against. 



Sec. 3. Said horticultural commissioner shall have power to divide the county into 

 districts and to appoint a local inspector for each of said districts. The horticul- 

 tural commissioner or his local inspectors shall have full 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, sales room, depot, or any other such place 

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



Sec. 4. The county horticultural commissioner and each local inspector shall be 

 paid for each day actually engaged in the performance of his duty under this act, 

 payable out of the county treasury of his county, such compensation as shall be 

 determined by resolution of the board of county commissioners before entering into 

 the discharge of his or their duties. 



Sec. 5. The said horticultural commissioner shall have power to remove or dis- 

 pense with any local inspector at any time. 



Sec. 6. If the horticultural commissioner of any county shall fail to perform the 

 duties of his office as required by this act, he may be removed; or, in case of 

 vacancy by death, resignation, or other cause, the county commissioners shall rill 

 such vacancy thus formed by appointment. 



Sec 7. It shall be the duty of the county horticultural commissioner to keep a 

 record of his and local inspectors' official doings, and to make a quarterly report to 

 the board of county commissioners, or they may withhold warrant for salary of said 

 commissioner or local inspectors until such time as said report is made. 



Sec. 8. This act shall take effect and be in force from and after its passage. 



Approved March 13, 1891. 



[Xote. — Up to January G, 1895, but two counties in Idaho had taken 

 advantage of this law and appointed commissioners. These counties 

 were Nez Percez (M. J. Wessels, commissioner) and Latah (H. A. Rus- 

 sel, commissioner). — L. O. H.] 



NEW JERSEY. 



An act to prevent depredations by inserts injurious to the agricultural and horticultural interests of 



this State. 



PREAMBLE. 



Whereas, serious injury is annually caused by the depredations of insects to the 

 agricultural and horticultural interests of this State, which injury may be lessened 

 or entirely avoided by the use of methods published from time to time in the reports 

 and bulletins of tiie agricultural experiment stations in New Jersey; and such 

 methods are quite commonly adopted in this State by progressive agriculturists, 

 farmers, and fruit growers, and have proved effective and most useful ; and the refusal 

 or neglect of certaiu other agriculturists, farmers, and fruit growers to adopt and 



