the boundaries of such quarantine and the nature thereof, and the order, rules or regulations prescribed for the maintenance and enforcement of the same, and may publish said proclamation in such manner as he may deem expedient to give proper notice thereof. [Amendment approved 1911; Stats. 1911, p. 1132.]

Power of state commissioner as to quarantine: See ante, §§ 2319a, 2319b, 2319c.

Legislation § 2319e. 1. Added by Stats. 1907, p. 799. 2. Amended by Stats. 1911, p. 1132.

§ 2319f. State commissioner ex officio county commissioner. The said state commissioner shall be ex officio a county commissioner of horticulture wherever such county commissioner has been appointed or may hereafter be appointed or exist in this state pursuant to law, whenever he is present and acting with said county horticultural commissioner with such county where such commissioner has been appointed. [Amendment approved 1911; Stats. 1911, p. 1132.]

Legislation § 2319f. 1. Added by Stats. 1907, p. 800. 2. Amended by Stats. 1911, p. 1132.

§ 2319g. Printing of reports. It shall be the duty of the superintendent of state printing to print and deliver to the state commissioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, statements, reports and other printed matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this chapter, and it shall be the duty of the secretary of state to cause to be prepared and furnished to such state commissioner all stationery, paper, blank forms, envelopes, and writing material needful and convenient for use in the office of such commissioner.

Legislation § 2319g. Added by Stats. 1907, p. 800.

§ 2319h. Annual reports. It shall be the duty of the state commissioner of horticulture to report in the month of January in each evennumbered year to the governor, and in each odd-numbered year to the legislature of this state the horticultural conditions of the state with statistics regarding the same, the efficiency of the work of the county horticultural commissioners of the state and such other matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed and moneys expended under this chapter by itemized statements thereof. [Amendment approved 1911; Stats. 1911, p. 1132.]

Legislation § 2319h. 1. Added by Stats. 1907, p. 800. 2. Amended by Stats. 1911, p. 1132.

§ 23191. Misdemeanors. Any person willfully refusing to comply with orders lawfully made under and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars.

Legislation § 2319i. Added by Stats. 1907, p. 800.

§ 2319j. Payment of expenses. All moneys paid hereunder shall be paid by the state treasurer from moneys appropriated for the support of the office of state commissioner of horticulture, and expenses other

than the salary of the commissioner, the compensation of his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as allowed and provided by this chapter, must be certified by the said commissioner and be approved by the state board of examiners before being audited and paid. [Amendment approved 1911; Stats. 1911, p. 1133.]

Legislation § 2319j. 1. Added by Stats. 1907, p. 800. 2. Amended by Stats. 1911, p. 1133.

CHAPTER IVb.

County Boards of Horticulture.

§ 2322. County horticultural commissioners.

§ 2322a. Duty of commissioner.

§ 2322b. Power of commissioner. Deputy. Quarantine guardians. § 2322c. Record and report of commissioner. Diseases, scales, etc. nual meeting.

$2322d. Salary of inspectors, deputy and commissioner. § 2322e. Report to supervisors.

An

Legislation Chapter IVb. 1. Added by Stats. 1907, p. 801; the code commissioner saying, "A codification of the act of March 31, 1897 (Stats. 1897, p. 244)." 2. By Stats. 1909, p. 185, the sections composing the chapter were amended.

§ 2322. County horticultural commissioners. Whenever a petition is presented to the board of supervisors of any county, or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, stating that certain or all orchards, or nurseries or trees or plants of any variety is infested with any serious infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines, or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsoli kali var. tragus), Johnson grass (Sorgum halepense) or other noxious weeds, codlin moth or other insects that are destructive to trees or plants; and praying that a commissioner be appointed by them, whose duties shall be to supervise the destruction of said insects, diseases or Russian thistle or saltwort, Johnson grass or other noxious weeds, as herein provided, the board of supervisors shall immediately notify the state board of horticultural examiners to furnish them a list of eligibles or competent persons as hereinafter provided, and from such list the said supervisors shall appoint a commissioner in accordance with the provisions of this chapter, whose term of office shall be for four years and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thousand dollars for the faithful performance of his duties. The said term of office of any and all county commissioners heretofore or hereinafter appointed shall commence on the date of appointment, and be for a period of four years and until his successor shall be appointed and qualified, at the end of which period the said term shall terminate, and said term shall run with and be attached to said office. In any case where such petition has already been presented or submitted, or is on file at the time of the passage of this act, as the basis for the appointment of a board of horticultural commissioners under this chapter as heretofore existing, such petition

shall continue in full force and effect and the board of supervisors of any county, or city and county, with which any such petition has been filed, or in which any board of horticultural commissioners has heretofore existed, must appoint a county horticultural commissioner. The person appointed to such position must be specially qualified for his duties and must be chosen and appointed by the board of supervisors from a list of eligible persons, recommended and nominated to said board as hereinafter provided, such appointment to be made within thirty days after receipt of said list by said board of supervisors, and the said board of supervisors shall provide a suitable office for the said commissioner, and all necessary expenses in the maintenance of said office shall be paid by said board of supervisors. A state board of horticultural examiners is hereby created, consisting of the dean of the agricultural college of the University of California, the state commissioner of horticulture and the superintendent of the state insectary, who are ex officio members of said board. They shall serve without pay, and said board shall provide convenient means for the examination of candidates for appointment as horticultural commissioner. While in the performance of their duties as members of said board they shall be allowed all their necessary expenses for traveling, printing, postage and other incidental matters to be paid out of any appropriations made for the support of the office of the state commissioner of horticulture. At least thirty days before the date of the examination of candidates for the said appointments the state board of horticultural examiners shall post or cause to be posted in three public places in said county notice of the time and place at which such examination will be held, setting forth the conditions and subjects of said examination. At the time and place stated and agreed upon such examination shall be held. Said examination shall be in writing and the board of horticultural examiners may appoint one of their own number, or some other reliable, competent person to conduct the holding of such examination in each county and forward the papers of each applicant to the board for consideration. Within twenty days after the examination is held said examiners shall certify to the board of supervisors of the county, or city and county for which the examination was had, the names of such persons examined as they deem competent and qualified for the office and from the list of names so certified the supervisors shall within thirty days after the receipt of said list of names appoint a horticultural commissioner. As far as possible the board of horticultural examiners shall consult the resident horticulturists of the county in determining the responsibility and moral qualifications of candidates for appointment as commissioners and whose names they certify to the boards of supervisors of the several counties. If no person or persons present themselves for examination before said board of horticultural examiners or if after such examination no person is found qualified, the state board of horticultural examiners shall name five competent persons and certify them to the board of supervisors and from these names the board of supervisors shall within thirty days after the receipt thereof appoint a county horticultural commissioner, and in such event the commissioner so appointed shall hold office for the term of one year. In case of a vacancy in the office of horticultural commissioner, the vacancy shall be filled first from the list of eligibles certified to the board of supervisors under the provision of

this chapter, and if there be no person named on the said list of eligible persons as in this section first above provided, then said vacancy shall be filled from the list of competent persons named as in this section last above provided, and if said vacaney shall be filled from the said list of eligibles the said person so appointed shall hold for the balance of the unexpired term, but if the said vacaney be filled from the said list of competent persons, the said person shall hold for the balance of the unexpired term, if the said unexpired term be not longer than one year, but if said unexpired term be longer than one year then such person shall not by virtue of such appointment hold longer than one year from the date of his appointment. Whenever elsewhere in the laws of this state reference is made to a county board of horticultural commissioners such reference must be understood to mean or relate to the county horticultural commissioner herein provided for and said county board of horticultural commissioners and the members thereof shall cease to exist as such; provided, that all county boards of horticultural commissioners existing at the time of the passage of this act shall continue in office, with full power as heretofore existing until the election or appointment to succeed them, of a county horticultural commissioner under the provisions of this act. Upon the petition of twenty-five resident freeholders who are possessors of an orchard, greenhouse or nursery, the board of supervisors may remove said commissioner for neglect of duty or malfeasance in office after hearing of the petition. In case of such removal upon such hearing the board shall immediately proceed to fill said office for the unexpired term as in cases of vacancy as hereinbefore provided. [ [Amendment approved 1911; Stats. 1911, p. 490.]

Legislation § 2322.

1. Added by Stats. 1907, p. 801. 2. Amended

by Stats. 1909, p. 185. 3. By Stats. 1911, p. 490.

§ 2322a. Duty of commissioner. It shall be the duty of the county horticultural commissioner in each county, whenever he shall deem it necessary, to cause an inspection to be made of any premises, orchards or nursery, or trees, plants, vegetables, vines, or fruits, or any fruitpacking house, storeroom, salesroom, or any other place or article in his jurisdiction, and if found infected with infectious diseases, scale-insects, or codling-moth, or other pests injurious to fruit, plants, vegetables, trees or vines, or with their eggs, or larvae, or if there is found growing thereon the Russian thistle or saltwort, Johnson grass or other noxious weeds, he shall in writing notify the owner or owners, or person or persons in charge, or in possession of the said places or orchards or nurseries, or trees, or plants, vegetables, vines, or fruit, or article as aforesaid, that the same are infected with said diseases, insects, or other pests, or any of them, or their eggs or larvae, or that the Russian thistle or saltwort, Johnson grass or other noxious weeds is growing thereon, and require such person or persons, to eradicate or destroy the said insects, or other pests, or their eggs or larvae, or Russian thistle or saltwort, Johnson grass or other noxious weeds within a certain time to be therein specified. Said notices may be served upon the person or persons, or either of them, owning or having charge, or having possession of such infested place or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as aforesaid, or premises where the Russian thistle or saltwort, Johnson grass or other noxious weeds shall be growing, or

upon the agents of either, by any commissioner, or by any person deputed by the said commissioner for that purpose in the same manner as a summons in a civil action; provided, however, that if any such infected or infested articles, property or premises as herein above specified belong to any non-resident person and there is no person in control or possession thereof and such non-resident person has no tenant, bailee, depositary or agent upon whom service can be had; or if the owner or owners of any such articles, property or premises cannot after due diligence be found, then such notice may be served by posting the same in some conspicuous place upon such articles, property or premises, and by mailing a copy thereof to the owner thereof at his last known place of residence, if the same is known or can be ascertained. Any and all such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, or premises where the Russian thistle or saltwort or Johnson grass or other noxious weeds shall be growing,' are hereby adjudged and declared to be a public nuisance; and whenever any such nuisance shall exist at any place within his county, and the proper notice thereof shall have been served, as herein provided, and such nuisance shall not have been abated within the time specified in such notice, it shall be the duty of the county horticultural commissioner to cause said nuisance to be at once abated, by eradicating or destroying said diseases, insects, or other pests, or their eggs, or larvae, or Russian thistle or saltwort or Johnson grass or other noxious weeds. The expense thereof shall be a county charge, and the board of supervisors shall allow and pay the same out of the general fund of the county. Any and all sum or sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated in pursuance of this chapter. A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the said property and premises are situated, within thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold, enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs; and the overplus, if any there be, shall be paid to the owner of the property, if he be known, and if not, into the court for his use when ascertained. The county horticultural commissioner is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary manner. [Amendment approved 1909; Stats. 1909, p. 187.

Legislation § 2322a. 1. Added by Stats. 1907, p. 801. 2. Amended by Stats. 1909, p. 187.

§ 2322b. Powers of commissioner. Deputy. Quarantine guardians. Said county horticultural commissioner shall have power to divide the -county into districts, and to appoint a local inspector, to hold office at the pleasure of the commissioner, for each of said districts, and may, with the consent and approval of the board of supervisors, appoint a deputy horticultural commissioner from a list of qualified persons certified to the board of supervisors by the state board of horticultural