of horticulture of such counties as are affected or liable to be affected by the disease, insect or pest, together with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same, and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring and of applying any preparation or treatment so recommended therefor, and the time and duration for such treatment, and if chemicals or articles be required other than those usually obtainable in any town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any quarantine guardian, county horticul tural commissioner or county board of horticulture, or any member thereof it shall be the duty of such quarantine guardian, county horti cultural commissioner or county board of horticulture to distribute such statement in written or printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or article of horticulture within their county, where there may be or be likely to be any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plants, fruits or other articles of horticulture, referred to, provided for, and required to be served in and by section 2 of chapter 183 of the laws of 1897 or any amendments which have been or may be made thereto. [Amendment approved April 26, 1911; Stats. 1911, p. 1131.]

State commissioner to co-operate with United States authorities. To notify governor of quarantine lines.

§ 23190. Whenever it shall be necessary to establish quarantine under this chapter, if there be any authorities or officers of the United States having authority to act in such matter, or any part thereof, the said state commissioner of horticulture shall notify such authorities or officers of the United States, seeking their co-operation as far as possible wheresoever the jurisdiction of the United States extends and is being exercised. The said commissioner shall at once notify the governor of all quarantine lines established under or pursuant to this chapter, and if the governor approve or shall have approved of the same or any portion thereof the same shall be in effect and the governor may issue his procla mation proclaiming the boundaries of such quarantine and the nature thereof, and the order, rule 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 April 26, 1911; Stats. 1911, p. 1132.]

State commissioner ex officio county commissioner.

§ 2319f. The said state commissioner shall be ex officio a county com missioner 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 within such county where such commissioner has been appointed. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.]

Annual reports.

§ 2319h. It shall be the duty of the state commissioner of horticulture to report in the month of January in each even-numbered 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 statement thereof. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.]

Payment of expenses.

§ 2319j. 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 April 26, 1911; Stats. 1911, p. 1133.]

County horticultural commissioners.

§ 2322. 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 are 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 (Sorghum 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 go 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 horti culturists 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 qualified 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 quaran tine guardians, local inspectors, deputies or the said county horticul tural commissioner, have full authority to enter into any orchard, nurs ery, 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 necessary traveling expenses incurred in the discharge of his regular duties