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 vacancy 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 vacancy 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 March 25, 1911; Stats. 1911, p. 490.]

Powers of commissioner. Deputy. Quarantine guardians.

§ 2322b. 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 distriets, and may, with the consent and approval of the board of supervisors, appoint a deputy horticultural commissioner from a list of quali fied persons certified to the board of supervisors by the state board of

horticultural examiners, such deputy to hold office at the pleasure of the commissioner. The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioner, the deputy and inspectors appointed by him. The said quarantine guardians, local inspectors, deputies or the said county hortieultural commissioner, have full authority to enter into any orchard, nursery, place or places where trees or plants or fruit are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. [Amendment approved March 25, 1911; Stats. 1911, p. 493.]

Record and report of commissioner. Diseases, scales, etc. Annual meeting.

§ 2322c. 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 insect pests, also as to disinfecting, and as to quarantine against insect 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 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 may require, and he shall be paid his per diem compensation and traveling expenses while so engaged. [Amendment approved March 25, 1911; Stats. 1911, p. 493.]

Salary of inspectors, deputy and commissioner.

§ 2322d. The salary of all inspectors working under the county horticultural commissioner is three dollars and fifty cents per day. 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 six dollars per day when actually engaged in the performance of his duties, and the neces sary traveling expenses incurred in the discharge of his regular duties

as prescribed in this chapter. [Amendment approved March 25, 1911; Stats. 1911, p. 493.]

Report to supervisors.

§ 2322e. It is the duty of the county horticultural commissioner to keep a record of his official acts, and make a monthly report to the board of supervisors; and the board of supervisors may withhold warrants for salary of said commissioner, deputy and inspectors until such time as such report is made. [Amendment approved March 25, 1911; Stats. 1911, p. 494.]

§ 2463.

Citations. App. 11/417.

§ 2501.

Citations. App. 9/784.

Board of state harbor commissioners.

§ 2520. A board of state harbor commissioners, to consist of three persons is hereby created, with such powers and duties as are prescribed by law. On the passage of this act the governor must nomibate, and, by and with the consent of the senate, appoint three state harbor commissioners. Any and all harbor commissioners heretofore or hereafter appointed shall hold office at the pleasure of the governor. When any appointment of any successor to any commissioner is made by the governor, such appointment shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session, and, until such time, the person so appointed shall have as full and ample power and authority as though confirmed by the senate. In case the senate, during its session, fail to act on or refuse its consent to any nomination the governor may make of any person or persons to constitute the board herein provided for, he must, after the adjournment of the senate, grant a commission or commissions to such person or persons as he may desire to appoint, which appointment or appointments shall be valid to all intents and purposes, subject, however, to the consent of the senate at its next regular session, and until such time the person or persons so appointed shall have as full and ample power and authority as though confirmed by the senate. The board of state harbor commissioners hereby created shall. be the legal successor to any and all previous boards. When the board herein provided for is appointed; it shall organize and elect a president and executive officer of the board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officers and employees, especially in the collection, custody and disbursements of the revenues, and to require that all the books, papers and accounts be accurately kept and in proper form, and all the provisions of law and the regulations of the board be enforced and observed. He may administer official oaths to the officers and employees of the board, except the other commissioners, and to all other persons in relation to the business of the board. [Amendment approved March 8, 1911; Stats. 1911, p. 313.]

§ 2606,

Citations. App. 8/481.

§ 2620.

Citations. Cal. 158/432.

§ 2621.

Citations. Cal. 155/401.

Naming of highways.

§ 2636. The owners of land along any road, highway, avenue, or other public way may petition the board of supervisors of the county in which said road, highway, avenue, or other public way is located, to have a name adopted and applied to the same. The name and a description of the road, highway, or avenue to be named shall be set forth in the petition, which petition shall be signed by three-fourths of the owners of land on said road, highway or avenue. The supervisors to whom such petition is presented shall examine the same, and if it conforms to the provisions of this act shall make an order in the minutes of the board granting the petition, and thereafter the said described road, highway or avenue, shall be known by said name. [New section approved April 27, 1911; Stats. 1911, p. 1145.]

Powers of supervisors over roads.

§ 2643. The boards of supervisors of the several counties of the state shall have general supervision over the roads within their respective counties. They must by proper order:

1. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary to public convenience, as in this chapter provided.

2. Cause to be recorded as highways all highways which have become such by usage, dedication or abandonment to the public, or by any other means provided by law, and to prepare and record proper deeds and titles thereto.

3. Abolish or abandon such as are not necessary.

4. Acquire the right of way over private property for the use of public highways, and for that purpose require the district attorney to institute proceedings, under title VII, part III, of the Code of Civil Procedure, and to pay therefor from the general road fund or the district road fund of the county.

5. Levy a property tax for road purposes.

6. Cause to be erected and maintained, at the intersections and crossings of highways, guide posts, properly inscribed.

7. Cause the road tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the county treasurer in separate funds.

8. Audit all claims on the funds set apart for highway purposes, and specify the fund, or funds, from which the whole or any part of any claim, or claims, must be paid.