98 LAWS AGAINST INJURIOUS INSECTS. 
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 ke 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 . 
sball have been adjourned the said district court, justice of the peace, police 
justice, or recorders’,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 costs 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, justice 
of the peace, police justice, or recorder giving the same; the officers to serve any 
process or execution issued as aforesaid shall be the county constables, and 
within the jurisdiction of any district court shall include the sergeant-at-arms 
thereof, which service and execution shall in ali 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, accompanied by a 
statement showing the amount collected 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. 
NEW MEXICO. 
CHAPTER 107, LAwS oF 1903. 
AN 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 New Mexico: 
SECTION 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 
