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thereof shall he a county charge, and the county court of the county wherein such 

 property is found shall allow and pay the same out of the general fund of the 

 county, when presented with the proper vouchers and a sworn statement thereof, 

 by such commissioner or commissioners; aud any and all sums so paid shall be and 

 become a lien on the property and premises from which said nuisance has been 

 abated, in pursuance of this act, and may be recovered by a suit against such prop- 

 erty and premises; which suit to foreclose all such liens shall be brought in the 

 proper court by the district attorney of such county, in the name of and for the 

 benefit of said county ; and in case the property is sold enough of the proceeds shall 

 he paid into the county treasury to satisfy the liens and costs, and the overplus, if 

 any there be, shall be paid to the owner of the property, if he be known, and if not 

 into the court for his use when ascertained. The State board of horticulture or any 

 member thereof is hereby vested with power to cause any and all such nuisances to 

 be at once abated in a summary manner; and the members of said board and 

 inspectors of fruit pests commissioned by said board shall have full authority to enter 

 iuto any orchard, nursery, place, or places where trees or plants are kept or offered 

 for sale or otherwise, or any house, storeroom, salesroom, depot, or other such place 

 within the State, to inspect the same or any part thereof. 



Sec. 4. That the State board of horticulture or any member thereof be, and the same 

 are hereby, vested with all necessary power to enforce quarantine against any 

 infected orchard, nursery, trees, plants, shrubs, vegetables, vines, fruits, or any 

 place or articles within the State, when the same are liable to sprend. contagious 

 diseases injurious to fruit or trees of any kind within the State, and to provide nec- 

 essary rules and regulations to govern the sa ne. 



Sec. 5. The members of the State board of horticulture, and the inspectors of 

 fruit pests commissioned by said board, shall receive compensation for their services, 

 when actually engaged in the duties of their offices, a sum not to exceed five dollars 

 per day, and their actual traveling expenses shall be allowed when so engaged; and 

 whenever it shall become necessary for any of the board to abate a nuisance, as pro- 

 vided for by this act, compensation for their time and traveling expenses while so 

 employed shall be paid as a part of the county charge provided for in section 3 of 

 this act. 



Sec. 6. That section 13 of an act entitled "An act to create a State board of hor- 

 ticulture, and to appropriate money therefor," approved February 25, 1889, be, and 

 the same is hereby, amended to read as follows: 



" Sec. 13. There is hereby appropriated for the use of the State board of horticul- 

 ture, out of the moneys in the State treasury not otherwise appropriated, the sum 

 or $6,000 for the year commencing January 1, 1893, and $6,000 for each succeeding 

 year thereafter; and the .secretary of state shall draw his warrant upon the State 

 treasurer in favor of the treasurer of said board for said sums or any part thereof 

 when they have become available, upon proper demand being t made for the same." 



Sec. 7. That sections 6, 7, 8, and 10 of said act be, and the same are hereby, repealed. 



Sec. 8. This act shall take eifect from and after its approval by the governor. 



An art to prevent the sale, gift, distribution, planting, and transportation of infected fruit, or trees, 

 plants, cuttings, grafts, buds, scions, or other material, and to prescribe penalties therefor. 



Be it enacted by the legislative assembly of the State of Oregon: 



Section 1. All peach, nectarine, apricot, plum, prune, almond, or other trees, 

 budded or grafted, upon peach or other stocks or roots, and all peach or other pits, 

 cuttings, buds. ; or scions, raised or grown in a district where the peach yellows or 

 the peach rosette are known to exist, and all fruits grown thereon, are hereby pro- 

 hibited from being offered for sale, gift, distribution, transportation, or planting 

 within the State of Oregon ; and any person or persons, dealers, shippers, transporta- 

 tion companies, and agents thereof who shall be in possession of any such property 

 for any purpose, shall, when required by any member of the State board of horti- 

 culture or an inspector of fruit pests, burn the same without delay. 



