ing the expiration of the term of county horticultural commissioner and in the county where such term shall have expired.

[County board of horticultural commissioners superseded.] 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; 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. [Disqualification of commissioner.] Upon the petition of twenty-five resident freeholders each of whom is possessed of an orchard, greenhouse or nursery, the state board of horticultural examiners may disqualify a county horticultural commissioner for neglect of duty or malfeasance in office after a hearing of the petition.

[Hearing.] Such hearing must be held at the county seat of the county where such petition is filed, and notice in writing of the time and place of such hearing and a copy of the petition must be served on the accused horticultural commissioner at least ten days prior to the date of said hearing. At such hearing the state board of examiners shall hear such evidence as is offered and thereafter make an order, either sustaining or disqualifying the accused. In case of such disqualification the board of supervisors of the county where the county horticultural commissioner has been disqualified shall upon the request of the state board of horticultural examiners remove said commissioner of horticulture and shall immediately proceed to fill the said office for the unexpired term as in cases of vacancy as herein before provided.

1.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 801, Kerr's Stats. and Amdts. 1906-7, p. 139; amended March 6, 1909, Stats. and Amdts. 1909, p. 185; March 25, 1911, Stats. and Amdts. 1911, p. 490; May 17, 1917, Stats. and Amdts. 1917, p. 627. In effect July 27, 1917.

Construction - - Proceeding in invitum for public benefit.-The effect of this and the three following sections is to impose upon the property owner, without his consent, the burden of the expense of fumigating his orchard. It is a proceeding in

invitum for the public benefit. The statutory method of procedure must be substantially followed in order to create a valid lien against the property.-San Bernardino County v. Stewart, 173 Cal. 236, 159 Pac. 717.

§ 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 nurseries, or trees, plants, vegetables, vines or fruits, or any fruit-packing house, storeroom, salesroom, or any other place or article in his jurisdiction, and if found infected or infested with infectious diseases, scale insects, or codlin moth, or other insect or animal pests injurious to fruits, plants, vegetables, trees or vines, or with their eggs or larvæ, or if there is found growing thereon the Russian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses or other weeds or grasses detrimental to rice culture, [Notice to destroy pests.] 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 rice fields, or fields adjacent to rice fields, or canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, or fruit, or article as aforesaid, that the same are infected or infested with said diseases, insects, animals or other pests, or any of them or their eggs or larvæ, or that the Russian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses or other weeds or grasses detrimental to rice culture, is growing thereon, and require such person or persons, to eradicate, or destroy or to control, to the satisfaction of the county horticultural commissioner the said insects, animals or other pests, or their eggs or larvæ, or Russian thistle or saltwort, Johnson grass or other noxious weeds or red rice, or water-grasses, or other weeds or grasses detrimental to rice culture, within a certain time to be therein specified.

[Service of notice.] 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 or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, 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.

[When pests are on public property.] In case infectious diseases, scale. insects, codlin moth, or other insect or animal pests injurious to fruit, plants, vegetables, trees, or vines, or their eggs, or larvæ, are found to exist on trees or shrubs in public parks or along streets, highways, or other property subject to the control of a city or county government, or if there is found growing in any public park, street, highway or on other property subject to the control of a city or county government any Russian thistle, or saltwort, Johnson grass, or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, when said public park, street, highway, or other property subject to the control of the city or county government is adjacent to rice fields, or canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, then said notice in writing shall be served on the chairman of the governing body of said city or county, and in case the work of eradication, or of control, or of destruction of the said pests, diseases, or noxious weeds in the said public parks, streets, highways, or other public property shall be performed by the county horticultural commissioner, then the cost thereof shall become a city or county charge, as the case may be, and shall be paid from the general fund of said city or county;

[Nonresident owners, etc.] provided, however, that if any such infected or infested articles, property or premises as hereinabove specified belong to any person who is not a resident of the county, and there is no person in control or possession thereof, and such nonresident person has no tenant, bailee, depositary or agent upon whom service can be had;

[Notice posted.] or if the owner or owners of any such articles, property or premises can not after due diligence be found, then such notice may be served by posting the same in some conspicuous place upon such article, 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; or if not known then to the county seat of the county wherein said property is situated.

[Declared public nuisance.] Any and all such places, or orchards, or nurseries, or rice fields or fields adjacent to rice fields, or canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested or infected, or premises where the Russian thistle or saltwort or Johnson grass or other noxious weeds, or red rice, watergrasses, or other weeds or grasses detrimental to rice culture, or where any squirrels, gophers or other predatory animals shall be found 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 by controlling, or by destroying said diseases, insects, animals or other pests, or their eggs, or larvæ, or Russian thistle or saltwort, or Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice culture.

[Expense of abating nuisance.] 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;

[Lien on property.] 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 said 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.

[Copy of notice filed.] Whenever a notice of eradication, or of control, or of destruction is served on any person or persons, the county horticultural commissioner may, at his option, cause a copy thereof to be filed for record in the office of the county recorder within which the said property is situated, and if the said property is encumbered with a mortgage, lien, contract, option, bond, or other encumbrance, the said county horticultural commissioner may, at his option, cause a copy thereof to be served on the person or persons holding such encumbrance.

[Lien takes precedence.] Whenever a lien is filed on a piece of property for the purpose of collection of such sums as have been expended in the eradication, or in the control, or in the destruction of insects, diseases, weeds, or animals found upon such property and a copy of a notice of the eradication, or of the control, or of the destruction shall have been filed in the office of the county recorder of the county wherein such property is situated, and served on the person or persons holding any such encumbrance, as hereinabove provided, then such lien shall take precedence over and be paramount to all other liens upon the said land excepting only the lien of taxes. [Power to abate.] 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.

[Fumigators and sprayers.] The county horticultural commissioner shall have power and authority to prescribe and enforce rules for the examination and qualification of fumigators or sprayers who desire to engage in such business for hire, and to issue certificates to all persons whom he shall find by examination or otherwise to be duly qualified for engaging in such work.

[Certificate.] Such certificate shall be revocable whenever the county horticultural commissioner shall deem such revocation necessary. No person shall be permitted to engage in the business of fumigating or spraying for hire within the State of California for the purpose of controlling or eradicating plant pests or diseases, who has not first secured a certificate in the manner herein provided.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 801, Kerr's Stats. and Amdts. 1906-7, p. 140; amended March 6, 1909, Stats. and Amdts. 1909, p. 187; May 17, 1917, Stats. and Amdts. 1917, p. 631. In effect July 27, 1917.

1. Notice, necessity for.-The horticulture commissioner must give the notice to the owner to destroy the pests in his orchard. No valid lien can be acquired upon the property unless the notice is given to the owner, and that the same be served like a sum

or

mons in a civil action, on the owner person in charge of the infested orchard, by the commissioner or a person deputized by him.-San Bernardino County v. Stewart, 173 Cal. 236, 159 Pac. 717.

§ 2322c. RECORD AND REPORT OF COMMISSIONER. It is the duty

of the said county horticultural commissioner to keep a record of his official doings, and to make a report to the state commissioner of horticulture on or before the first day of October of each year of the condition of the horticultural interests in their several districts, what is being done to eradicate, or to control, or to destroy insect pests, also as to disinfecting and as to quarantine against insect and other pests and diseases, and as to the carrying out of all laws relative to the greatest good of the horticultural interests, and to furnish from time to time to the state commissioner of horticulture such other information as he may require. Said state commissioner of horticulture may publish such reports in bulletin form or may incorporate so much of the same

in his annual report as may be of general interest. It is also made the duty of the county horticultural commissioner to advise himself with reference to all infectious diseases, scale insects or codlin moth or other pests injurious to fruit, plants, vegetables, trees or vines, and with their eggs or larvæ and all noxious weeds or grasses or animal pests that may exist in his county or be likely to exist therein and for the purpose of so advising himself and of eradicating and preventing injury from such causes, and for the purpose of advising himself on the best and most efficacious methods of performing his duties and conducting his office he shall attend the annual meeting of the state association of county horticultural commissioners, and such other meetings as the state commissioner of horticulture shall require, and he shall be paid his per diem compensation and traveling expenses while so engaged, or while on any service that requires him to go outside the county when the performance of such service has been authorized by the board of supervisors, or the state commissioner of horticulture.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 803, Kerr's Stats. and Amdts. 1906-7, p. 141; amended March 6, 1909, Stats. and Amdts. 1909, p. 189; March 25, 1911, Stats. and Amdts. 1911, p. 493; May 17, 1917, Stats. and Amdts. 1917, p. 634. In effect July 27, 1917.

§ 2322d. SALARIES OF INSPECTORS, DEPUTY AND COMMISSIONER. The salary of inspectors working under the county horticultural commissioner is three dollars and fifty cents per day, and the necessary traveling expenses. The salary of the deputy shall be five dollars per day when in the actual performance of his duties, and the necessary traveling expenses. In the case of the commissioner himself his compensation shall be fixed by the board of supervisors, either at not less than one thousand eight hundred dollars per year, or at not less than six dollars per day when actually engaged in the performance of his duties. He shall also be allowed the necessary traveling expenses incurred in the discharge of his regular duties as prescribed in this chapter.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 803, Kerr's Stats. and Amdts. 1906-7, p. 142; amended March 6, 1909, Stats. and Amdts. 1909, p. 190; March 25, 1911, Stats. and Amdts. 1911, p. 493; May 17, 1917, Stats. and Amdts. 1917, p. 635. In effect July 27, 1917.

§ 2322f. NOTICE OF ARRIVAL OF IMPORTED NURSERY STOCK, ETC. Any person, persons, firm or corporation, who shall receive, bring, or cause to be brought into any county or locality of the State of California from another county or locality within said state any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed, for the purpose of planting or propagating the same, or any or all such shipments of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed or containers thereof or other orchard appliances, which the county horticultural commissioner or the state commissioner of horticulture may consider liable to be infested or infected with dangerous insect pests or plant diseases or noxious weed seeds and which if so infested or infected would constitute a dangerous menace to the orchards, farms and gardens of the county or state, shall immediately after the arrival thereof notify the county commissioner of horticulture, his deputy, or nearest inspector of the county in which such nursery stock, or fruit or vegetables, or seed, are received, of their arrival, and hold the same without unnecessarily moving or placing such articles where they may be harmful, for immediate inspection by such county commissioner of horticulture, his deputy, inspector, or deputy quarantine officer or guardian. History: Enactment approved May 17, 1917, Stats. and Amdts. 1917, p. 635. In effect July 27, 1917.

§ 2322g. MARKING OF SHIPMENTS. Each carload, case, package, crate, bale, or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, or fruit or vegetables, or seed, imported or brought into any county of the State of California from another county within said state for planting or propagation purposes, shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the shipper, owner or owners, or person forwarding or shipping same, and also the name of the person, firm or corporation to whom the same is forwarded or shipped, or his or its responsible agents.

[Statement.] A manifest showing the contents of each shipment, also the name of the locality where the contents were grown and a statement of the contents therein shall be made to the county horticultural commissioner having jurisdiction at the point of destination when shipment is made.

History: Enactment approved May 17, 1917, Stats. and Amdts. 1917,

p. 636. In effect July 27, 1917.

§ 2322h.

INFECTED SHIPMENTS PUBLIC NUISANCE. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruitpits, or fruit or vegetables, or seed, imported or brought into any county or locality of the State of California from another county or locality within such state, is found to be infested or infected with any species of injurious insects, or their eggs, larvæ or pupæ, or other animal or plant diseases or noxious weed seeds which would cause damage or be liable to cause damage to the orchards, vineyards, gardens or farms of any county of the State of California, all material in shipment found to be so infested or infected shall be deemed a public nuisance, shall be refused delivery, and shall be immediately returned to the point of shipment or destroyed, at the option and expense of the owner or owners, or his or their responsible agents.

[Shipment disinfected.] The remainder of such shipment shall be disinfected under the directions of the county horticultural commissioner making such inspection and in a manner as provided for in section two thousand three hundred twenty-two i of this act;

[When returned or destroyed.] provided, however, that when any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed or their containers or orchard appliances imported or brought into any county or locality of the State of California from another county or locality within said state, is found to be infested or infected with any species of injurious insects, or their eggs, larvæ, or pupæ, or other injurious animal or plant diseases or noxious weed seeds not known to exist in the county or locality in which said shipment is delivered, or if there is reasonable cause to presume it may be so infested or infected the entire shipment shall be refused admittance and shall be immediately returned to point of shipment or destroyed at the option and expense of the owner or owners, or his or their responsible agents;

[When disinfected.] provided, further, that when any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed, imported or brought into any county or locality of the State of California from another county or locality within said state, is found to be infested or infected with any species of injurious insects or their eggs, larvæ or pupæ, or plant diseases or noxious weed seeds which are of common occurrence in the county or locality into which it is shipped or transported, and which may be exterminated by such treatment as may be prescribed in section two thousand three hundred twenty-two i of this act and under the direction of the county horticultural commissioner of the county in which it is received, the same may be disinfected or cleaned at the expense of the owner or owners or his or their responsible agents, in a manner satisfactory to the county horticultural commissioner making the inspection, and after such treatment the shipment may be delivered to the consignee. Any and every provision of this act relating to shipment or transportation of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit, or vegetables, or seed from one county of the State of California to another county of said state, shall apply equally 1917 Sup.-8

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