OREGON. D5 
services, and his compensation and the necessary expenses incurred in the per- 
formance of his duty shall be charged against the county where the service is 
performed, as if he had been appointed by the county court of said county. 
Sec. 5. The State district commissioner of horticulture shall hear and 
promptly decide all appeals from the county inspectors in his district, and his 
Cecision shall have full force and effect until set aside by the courts of the State. 
All appeals from county inspectors to the district commissioners shall be 
under the form and regulations as prescribed by the State board of horticulture. 
Sec. 6. That section 4178 of the Codes and Statutes of Oregon, as compiled 
and annotated by C. B. Bellinger and William W. Cotton, be, and the same is 
hereby, amended to read as follows: 
Sec. 4178. Said board shall employ without their number a secretary, who 
shall exercise the powers and discharge the duties conferred upon him by this 
act, and whose compensation shall not exceed $100 per month, to be paid in the 
same manner as other State officers. Said board shall also elect from their own 
number a treasurer. Before entering upon the discharge of his duties each 
member of the board shall make and subscribe an oath to support the Constitu- 
tion of the United States and of the State of Oregon, and to diligently, faith- 
fully, and impartially discharge the duties of his office, which said oaths shall 
be filed with the secretary. The secretary shall make and subscribe a like 
oath, which shall be filed with the treasurer of the board. 
Sec. 7. That section 4185 of the Codes and Statutes of Oregon, as compiled 
and annotated by C. B. Bellinger and William W. Cotton, be and the same is 
hereby amended to read as follows: 
Sec. 4185. It shall be the duty of the several members of the board and of 
the secretary or the county inspectors under their direction, whenever they 
shall deem it necessary, to cause an inspection to be made of any orchards, 
nurseries, trees, plants, vegetables, vines, or any fruit-packing house, storeroom, 
salesroom, or any other place within their districts, and, if found infested with 
any pests, disease, or fungous growth injurious to fruits, plants, vegetables, 
trees, or vines, or with their eggs or larve, liable to spread to other places or 
localities, or of such nature as to be a public danger, they shall notify the 
owner or owners, or persons in charge of or in possession of such articles, 
things, or places, that the same are so infested, and shall require said persons 
to eradicate or destroy said insects or pests or their eggs or larvze or to treat 
such contagious diseases within a certain time to be specified in said notice. 
Said notices may be served upon the person or persons, or any of them, owning, 
having charge, or having possession of such infested place, article, or thing, by 
any member of the board or by the secretary thereof or by any person deputed 
by the said board for that purpose, or they may be served in the same manner 
as a Summons in an action at law. Such notice shall contain directions for the 
application of some treatment approved by the commissioners for the eradication 
or destruction of said pests or the eggs or larve thereof, or the treatment of 
contagious diseases or fungous growths. Any and all such places, orchards, 
nurseries, trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested 
are hereby declared to be a public nuisance; and whenever any such nuisance 
shall exist at any place in the State on the property of any owner or owners 
upon whom or upon the person in charge or possession of whose property notice 
has been served as aforesaid, and who shall have failed or refused to abate the 
same within the time specified in such notice, or in the property of any non- 
resident or any property not in the possession of any person and the owner or 
owners of which can not be found by the resident member of the board or the 
secretary or county inspector after diligent search within the district, it 
