32 



aforesaid by any member of the board 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 a ciTil 

 action. If the owner or the owners, or the person or persons in charge or possession 

 of any orchard or nursery, or trees or places or articles infested with the said insects, 

 or any of them, or their larvaj or eggs, after having been notified as above to 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 aforesaid board of horticulture to abate the 

 nuisance. The expenses thus incurred shall be a lien upon the real property of the 

 defendant. 



Sec. 9. It shall be the duty of the secretary to attend all meetings of the board 

 and to procure records of the proceedings and correspondence, to collect books, 

 pamphlets, periodicals, and other documents containing valuable information relat- 

 ing to horticulture, and to preserve the same; to collect statistics and other informa- 

 tion showing the actual condition and progress of horticulture in this State and 

 elsewhere; to correspond with agricultural and horticultural societies, colleges and 

 schools of agriculture and horticulture, and other persons and bodies as he may be 

 directed by the board, and prepare, as required by the board, reports for publica- 

 tion ; he shall also act as assistant to and obey the directions of the inspector of fruit 

 pests, under the direction of the board, in the exercise of the duties of his office, 

 and shall be paid for his services as said secretary and assistant inspector a salary of 

 not to exceed one hundred dollars per month. 



Sec. 10. The inspector of fruit pests shall receive as compensation for his services, 

 when actually engaged in the duties of his office, a sum not to exceed live dollars 

 per day, and his actual traveling expenses shall be allowed when so engaged. 



Sec. 15. Inasmuch as there is great danger to the fruit and horticultural interests 

 of the State from pests and other causes, and no means exist whereby they can be 

 remedied, this act shall take effect from and after its approval by the governor. 



Approved, February 25, 1889, 



In 1891 sections 6 and 8 were amended as follows:^ 



Sec. 6. For the purpose of preventing the spread of contagious diseases among 

 fruit and fruit trees, and for the prevention, treatment, cure, and extirpation of 

 fruit pests and the diseases of fruit and fruit trees, and for the disinfection of grafts, 

 scions, or orchard debris, empty fruit boxes or packages, or other suspected material 

 or transportable articles dangerous to orchards, fruits, and fruit trees, said board 

 may suggest regulations for the inspection and disinfection thereof, which regula- 

 tions shall be circulated in printed form by the board among the fruit growers and 

 fruit dealers of the State, and it shall be the right and duty of any member or 

 officer or appointee of said board to inspect any fruit or fruit packages, or any 

 trees, plants, cuttings, grafts, or scions that are untrue to name or are imported or 

 brought into this State, known or believed to be infested by any insect or insects, or 

 the germs thereof, or by eggs, larvie, or pupge thereof, or with any contagious dis- 

 ease injurious to fruit or fruit trees; and any person who shall sell, give away, dis- 

 tribute, or transport, or offer to sell, give away, distribute, or transport any such 

 fruit, fruit packages, trees, plants, cuttings, grafts, or scions, found upon such 

 inspection or known to be infested as aforesaid, before the same are disinfected, 

 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- 

 ished as provided for in section 8 of this act ; and any person shipping any fruit 

 trees, scions, cuttings, or plants from any orchard, nursery, or other place where 

 they were grown or produced, shall place upon or securely attach to each box, pack- 

 age, or parcel containing such fruit trees, scions, cuttings or plants, a distinct mark 



1 The Laws of Oregon and the Resolutions and Memorials of the Sixteenth Regular Session of the 

 Ijegislative Assembly thereof, 1891, pp. 175, 176. 



