Toliver

This is an appeal from a judgment holding valid a lien on the property of the defendants in favor of the County of Orange in the sum of $113.97, the cost of labor and materials used in the abatement of scale on the defendants’ orange trees. The county entered and sprayed the orchards under authority of the Agricultural Code. (Deering’s Supp. 1933, Act 144.) The appellant does not question that portion of the lien covering labor expense but, with respect to $53.04, for cost of materials, it is contended that the notice of lien was not filed within the time required by law. (See. 137 of the Agricultural Code.)

The Agricultural Code provides that when the owner of premises found to be infested does not himself abate the nuisance after notice has been given him to do so the county agricultural commissioner shall cause it to be abated by eradicating or controlling the pests. (Sec. 136.) Section 137 provides that the expense thereof shall be a county charge, payable from the general fund of the county; that “from the date of payment the amount thereof shall be a lien on the property from which said nuisance has been removed or abated” and that ‘‘notice of such lien shall be recorded…