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Mail clerk....

3.00 per day

allowed

until.

Sec. 4. Provided that each officer and employe herein Employes enumerated shall, commencing with the next day after double paythis act goes into effect, receive twice the amount of salary provided for in section 3 hereof until each such officer and employe shall have received an amount equal to the rate of salary herein provided for from the commencement of this session to the date this act goes into effect; Provided, however, That if any such officer or employe shall have been paid any sum or sums of money from the State treasury for the period commencing on the 6th day of January, 1915, such officer or employe shall not receive such added or extra compensation for such time; And, provided, further, That when such officers or employes shall have received money sufficient in amount so as to equal the rates of compensation provided in section 3 hereof from the day of the commencement of this session of the General Assembly, then and hereafter the rates of compensation shall be as provided in section 3 hereof. Provided that the pay of all officers and employes shall cease and determine upon final adjournment of the Legislature, except the pay of the secretary of the senate, assistant secretary of the senate, clerk and assistant clerk of the house, who shall each be allowed pay for ten days after such final adjournment for completing the records and proceedings of the session.

Pay cease journment.

on final ad

Except.

Auditor draw

Sec. 5. The State Auditor is hereby authorized to draw his warrants upon the State Treasurer for the sala- warrants. ries or compensation of said employes upon the presentation of proper vouchers, and the State Treasurer shall pay the same out of moneys appropriated for that purpose without certification from the Civil Service Commission.

Sec. 6. In the opinion of the General Assembly this act is necessary for the immediate preservation of the public peace, health and safety.

Sec. 7. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

Approved: February 9, 1915.

Safety clause.

Emergency.

CHAPTER 95.

HORTICULTURE
PESTS.

When county commissioners shall appoint pest inspector.

Salary of inspector.

(S. B. No. 265, by Senator Schermerhorn. By request.)

AN ACT

TO PROVIDE FOR THE PROTECTION OF TREES, FRUITS,
CROPS AND PASTURAGE AGAINST THE RAVAGES OF IN-
SECTS, RODENTS, WEEDS AND PLANT DISEASES; TO PRO-
VIDE FOR THE FORMATION OF PEST INSPECTION DIS-
TRICTS, TO BE UNDER THE GENERAL AUTHORITY OF
THE STATE ENTOMOLOGIST; AND TO MAKE AN APPRO-
PRIATION FOR CARRYING OUT THE PROVISIONS OF THIS
ACT.

Be It Enacted by the General Assembly of the State of Colorado:

Section 1. The boards of county commissioners, when petitioned by not less than two hundred and twenty-five resident landowners of their county to appoint a county pest inspector, may make such appointment without unnecessary delay. It shall be the duty of the county pest inspector to carry out the provisions of this act in said county as hereinafter provided, under the direction of the state entomologist. The county inspector shall not receive more than eight dollars per day, in the discretion of the board of county commissioners, in addition to his actual expenses for the time employed in carrying out the provisions of this act, said time not to exceed five months in each year, except with the consent of the board of county commissioners, or when the offices of county pest

inspector and county horticultural inspector are consolidated.

of appointee.

It shall be the duty of the state entomologist to Examination examine all persons appointed by the board of county commissioners as pest inspectors, and, if found competent and fully qualified to perform the duties of the office, he shall issue to such applicant a certificate authorizing him

must have

to act as a county pest inspector. No person shall act as Inspector inspector unless he holds such certificate which shall cer- certificate. tify to the competency of such applicant, and shall authorize him to act as county pest inspector for a period of two years from date. In case of incompetency or neglect of duty the state entomologist shall have the authority to revoke such certificate at any time.

of inspector.

Sec. 2. The county pest inspector shall hold such Term of office office for a period of two years from date of appointment, unless sooner removed; Provided, That in any county having a horticultural inspector and pest inspector the two offices may be consolidated by the board of county commissioners and held by the same person, but such person shall draw only one per diem for his services at the rate set forth herein.

The county pest inspector, with the consent of the Assistant board of county commissioners, may appoint such assist- inspectors. ants as may be necessary to carry out the provisions of this act, as hereinafter defined, and determine their salaries and expenses.

Formation of

pest inspec

tion districts.

formation of district.

Sec. 3. Whenever the majority of the resident landowners within a township or a contiguous territory, not to exceed thirty-six square miles in area, desire to form a pest inspection district as hereinafter defined, they may Petition for file a petition for that purpose with the board of county commissioners of the proper county. Said petition shall be addressed to the board of county commissioners of such county, and shall contain the number of the township or the boundaries of the proposed district, and a description of the land of each person signing such petition, according to government sub-divisions, and shall state that the said township or district proposed to be formed into a pest inspection district has been invaded or is in danger of

Contents.

Petition verified.

When district considered formed.

Salary of

state entomologist increased.

Duties of entomologist.

Inspection of lands for

pests.

being invaded by grasshoppers, insects, prairie dogs, ground squirrels, or other rodent pests, weeds or plant diseases injurious to agricultural crops, trees, fruits, or pasturage, naming and describing the specific pests or diseases against which said petitioners desire to be protected. Such petition shall be signed by each landowner joining in the petition, by his own proper signature, and the date of the petition shall be the date of its filing in the office of the board of county commissioners. Any petitioner may revoke and cancel his signature to such petition at any time before filing the same, but not after such filing has been made.

Such petition shall, before filing, be verified under oath by at least one of the persons signing such petition, setting forth that the said petition was signed within sixty days last preceding the making of said verification, and that all matters and things stated in said petition are true to the best of the knowledge and belief of the affiant.

A pest inspection district shall be deemed to have been formed under the provisions of this act within five days after the filing of the petition with the board of county commissioners, to continue for three years unless said board of county commissioners, within said five days, shall by order entered of record, declare that said petition does not comply with the provisions of the statute, specifying the particular requirement which has not been complied with, and that no district has been legally formed.

Sec. 4. The salary of the state enomologist shall be increased in the sum of five hundred dollars annually for his services in administering this act, and he shall directly, and through his deputies and county inspectors, carry out its provisions, and he may appoint such deputies as shall be found necessary for said purpose; such deputies shall receive not more than eight dollars per day, in addition to their actual and reasonable expenses, and for the actual time spent in carrying out the provisions of this act.

Sec. 5. It shall be the duty of the state entomologist, directly or through his deputies or county inspectors, to inspect all lands whereon he has cause to believe pests exist that are liable to spread to the serious damage of the

community, whether such lands be located without or within pest inspection districts-together with the borders of said districts, at least once each year, at proper season, for the purpose of determining whether or not any of them are infested with such pests as are named in this act or in the district petition, or any such as may be determined by the state entomologist to be injurious to the community.

Order to

owner to try

to extermi

nate pests.

On owner's

refusal intake charge.

spector shall

Sec. 6. Whenever the state entomologist, his deputy, or county inspector, has reason to believe, or has been credibly informed, that within the state there exist lands infested by pests which are liable to spread to the injury of others, it shall be his duty to make investigation of the suspected premises, and if they are found so infested, shall notify the owner or persons in charge or control of such premises, in writing, of the nature, extent and location of the infestation and demand that within a specified time certain specified work shall be done on the infested premises for the extermination of the pests, and if the occupant of the infested property refuses or fails to do effective work on the premises in accordance with the instructions of the office in charge, such officer shall take possession of the infested premises, and do the work necessary for the extermination of said pests, as provided in this act. The reasonable and necessary expenses for doing such work shall be paid by the county without unnecessary delay, upon filing with the board of county commis- Expenses of sioners of the certificate of the state entomologist showing termination. the necessity for such work, the reasonable cost and expenses thereof, and giving a description of the land or property Expenses a upon which the work was done. And, upon filing such lien on propcertificate, such charges shall become a lien on the property treated-collectible as taxes by the county treasurer upon the filing of such certificates with him, in the event the property treated is real estate, or in the event of per

work of ex

erty.

sonal property it shall be effected by levy and sale after How lien enten days' advertising, as required by law upon the deliv- forced. ery of such certificate to any officer authorized by law to make levy and sale under execution; Provided, however, That either the state entomologist or the county inspector may, where cause exists outside of any pest inspection dis

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