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served upon the owner of the same, if he be a resident within the county, and if the 
owner be not a resident of such county, then the written notice may be served upon 
the person having the same in charge for the owner or agent, employee, lessee, or 
otherwise; such notice may be served personally or by copy left at the usual residence 
of any such person, and if no such person resides within such county upon whom 
service can be made, then such notice may be served by mail by being deposited in a 
post-office, postage prepaid, and addressed to the post-office address of such person 
wherever he may reside. Such notice shall contain a simple statement of the facts 
as found to exist, with an order of said board of fruit commissioners to remove and 
destroy by burning the trees so marked and designated, the whole tree, roots and 
branches, where infected with yellows, and the branches infected with black-knot, and 
the fruitso marked by placard, within 10 days from date of service of said notice, Sun- 
days excepted, andif any person whose duty it is hereby made to destroy the same fails, 
neglects, or refuses to destroy the same as mentioned in such order of said commis- 
sioners, for a period of 10 days after the service thereof, then the said commissioners 
be and are hereby authorized to enter upon the premises of any person and destroy all 
such fruitand trees so mentioned and found to be so diseased which they have marked 
or placarded, and said commissioners are hereby authorized to employ all help and 
secure all necessary means to so destroy the same, all of which shall be allowed by 
the township trustees and paid out of the township treasury. And in cases where said 
commissioners shall execute their own orders upon default of the person whose duty it 
is to execute the same, the costs shall be paid by the owner of the condemned fruit or 
trees, and in case of his failure to pay the same and all dues, after demand made by 
the trustees of such township, the said trustees shall certify the same, together with 
a penalty of 20 per cent, to the auditor of the county to be placed upon the tax dupli- 
cate, and the same shall become a lien upon the premises of such person from the time 
of filing the same with the auditor, and collected by the county treasurer as other 
taxes. Any person who may be dissatisfied with the action of the township fruit 
commission in condemning his or her fruit trees or diseased fruit, on the ground that 
said trees or fruit are not diseased, but sound and healthy, may appeal in writing, stat- 
ing their grievance in full to the township trustees, who shall immediately refer the 
case, through the township clerk, to the professor at the Ohio Experiment Station, who 
is an expert in the line of the complaint, whose duty it shall be to forthwith proceed 
to view the fruit or trees in controversy, and whose decision shall be final. All costs 
and expenses in the case shall be paid by the complainant, if defeated, and if not, by 
the trustees of the township in which the complaint is made. 
Src. 5. An act entitled ‘‘An act to prevent the spread of yellows, a contagious 
disease among peach, almond, apricot, and nectarine trees, and to prevent the spread 
of black knot, a contagious disease among cherry, prune, and plum trees, and to pro- 
vide means for the eradication of the same, and to repeal an act entitled ‘An act to 
amend section 1 of an act to eradicate the disease known as black knot on plum and 
cherry trees,’” passed April 4, 1894, is hereby repealed. 
Passed April 18, 1896. 
OREGON. 
LAWS OF 1895. 
AN Act to amend an act entitled ‘An act to create a State board of horticulture and appropriate 
money therefor,” approved February 25, 1889, and an act amendatory thereof, entitled “An act to 
amend an act entitled ‘An act to create a State board of horticulture and appropriate money there 
for,’ approved February 25, 1889,’’ approved February 21, 1891, and to protect the horticultural 
industry in Oregon. 
* * * x . . ~ 
Src. 10. It shall be the duty of the several members of the board, and of the seere- 
tary, under their direction, whenever they shall deem it necessary, to cause au 
