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of horticultural commissioners. The board of supervisors may fill any vacancy that 

 may occur in said commission by death, resignation, or otherwise, and appoint one 

 commissioner each year, one#mouth or thereabouts previous to the expiration of the 

 term of office of any member of said commission. The said commission shall serve for 

 a term of three years from the date of their appointment, except the commissioners 

 first appointed, one of whom shall serve for one year, and one of whom shall serve 

 for two years, and one of whom shall serve for three years from the date of a noint- 

 meut. The commissioners first appointed shall themselves decide, by lot or other- 

 wise, who shall serve for one year, who shall serve for two years, and who shall serve 

 for three years, and shall notify the board of supervisors of the result of their choice." 

 Sec. 2. Section two of said act is hereby amended so as to read as follows : 

 "Sec. 2. It shall be the duty of the county board of horticultural commissioners 

 in each county, whenever it shall deem it necessary, to cause an inspection to be 

 made of any orchard or nursery or trees or any fruit-packing house, store-room, sales- 

 room, or any other place in their jurisdiction, and if found infested with scale-bug, 

 codlin moth, or other insect pests injurious to fruit, trees and vines, they shall notify 

 the owner or owners, or person or persons in charge or possession of the said trees or 

 place, as aforesaid, that the same are infested with said insects, or any of them, or 

 their eggs or larva, and they shall require such person or persons to disinfect or de- 

 stroy the same within a certain time to be specified. If within such specified time 

 such disinfection or destruction has not been accomplished, the said person or per- 

 sons shall be required to make application of such treatment for the purpose of de- 

 stroying them as said commissioners may prescribe. Said notices may be served 

 upon the person or persons owning or having charge or possession of such infested 

 trees, or places, or articles, as aforesaid, by any commissioner, or by any person 

 deputed by the said commissioners for that purpose, or they may be served in the 

 same manner as a summons in a civil action. If the owner or owners, or the person 

 or persons, in charge or possession of any orchard, or nursery, or trees, or places, or 

 articles infested with said insects, or any of them, or their larva or eggs, after having 

 been notified as above to destroy the same, or 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 county board of horticultural commissioners to abate the nuisance. 

 The expenses thus incurred may be a lien upon the real property of the defendant." 

 Sec. 3. Section three of said act is amended so as to read as follows : 

 "Sec. 3. Said county boards of horticultural commissioners shall have power to 

 divide the county into districts, and to appoint a local inspector for each of said dis- 

 tricts. The state board of horticulture, or the quarantine officer of said board, shall 

 issue commissions as quarantine guardians to the members of said county boards of 

 horticultural commissioners and to the local inspectors thereof. The said quarantine 

 guardians, local inspectors, or members of said county boards of horticultural com- 

 missioners shall have full authority to enter into any orchard, nursery, or place or 

 places where trees or plants are kept and offered for sale or otherwise, or any house, 

 store-room, sales-room, depot, or any other such place in their jurisdiction, to inspect 

 the same or any part thereof." 



Sec. 4. Section four of said act is hereby amended so as to read as follows : 

 "Sec. 4. It shall be the duty of said county board of horticultural commissioners 

 to keep a record of their official doings, and to make a report to the State board of 

 horticulture, on or before the first day of October of each year, of the condition of 

 the fruit interests in their several districts, what is being done to eradicate the in- 

 sect pests and diseases, also as to carrying out of all laws relative to the greatest 

 good of the fruit interest. Said board shall publish said reports in bulletin form, or 

 may incorporate so much of the same in their annual reports as may be of general 

 interest." 



