Milford chronicle., 1889-02-15

peach, almond, apricot or nectarine tree
infected with the disease known as the
Yellows, in this State south of a line be-
ginning in the village Of Whiteleysburg,
and at the dividing line between Della
ware and Maryland, and running thence
in about an easterly course and following
the most direct public yoad, to the village
Of Hollandsville, thence in about the same
course and following the most direct pub
lie road to the town of FELTON,, thence iii
the same course through said town of
FELTON,, following the main street thereof
thence still in about an easterly course
and following the most direct public
road to the town of Frederica, thence con
tinuing through the said town Of Freder-
ica in about the same course, but follow
ing the street that leads past the Metho-
dist Church of said town, until it reaches
Murderkill Greek, and thence following
the course of said Murderkill creek until
it reaches the Delaware bay; and it shall
also be unlawful to offer for sale or ship
ment, or to sell, ship or consign to others
any of the fruit Of said trees infected with
said disease; that all of said trees so in
feoted shall be subject to destruction as
common nuisances, as hereinafter pro
vided, and no damages shall be awarded
in any court in this State,for entering
upon premises and destroying such dis
eased trees if done in accordance with the
provisions Of this act, and it shall be the
duty Of every person, as soon as he be-
comes aware of the existence of such dis
ease in any tree owned by him, to effect
ually destroy or cause the same to be de-
stroyed.
SECTION 2.-In any hundred in this
State south or partly south of the line
mentioned in Section I Of this act, in |
which such disease exists, or in which |
there is good reason to believe it exists. |
or danger may justly be apprehended Of
its introduction, as soon as such informa-
ton is communicated to the Governor of
this State by notice signed by FIVE or
more freeholders of said hundred, 1t shall
become the duty of the Governor to ap-
point forthwith three competent freehol-
ders of said hundred as Commissioners.
who shall hold Office for the period Of six
months from the date of their appoint
ment.
SECTION SIT shall be the duty Of the
Commissioners within five DAYS after
their appointment to notify the Governor
of their acceptance of their appointment,
and in case of the non-acceptance of one
or more Of said commissioners within the
said five days, or i'll case of a vacancy or
vacancies i'll the said board on account
Of the refusal of one or more of the Com
missioners to act, or from any other cause,
the Governor shall Immediately fill such
vacancy or vacancies by the appointment
of other Commissioner or Commissioners,
who shall likewise be freeholders of the
irssdred.
SECTION At shall be the duty Of the
said Commissioners upon or without com
plaint, wherever it comes to their notice
hat the disease known as Yellows exists,
or is supposed to exist, within the limits
IF their hundred, to proceed withoUflli uJ
ay to examine the trees supposed to be
Infected, and if the disease is found TO
sxist distinguishing mark shall be
placed upon the said disease tree.,sad the
owner notified by a written notice given
to him in person, or left at his usual place
Of residence, or if the owner be a non-res-
ident Of said hundred, by leaving no {
tice with the holder or tenant of the prem
ises on which said diseased trees are found, / {
or with the person in whose charge or
possession the said trees may be; or if
there be no holder or tenant of said prem c
Ises, or person in charge or possession of
said trees then said notice may be sent
TO the postofice address of the said owner,
if it is known to the commissioners, or it 7
may be affixed to any part of the prem /
ses; the said notice shall contain a sim {
pie statement Of the facts as found to ex-
st, with an order to efectually remove a
or destroy, by fire or otherwise, the trees I
20 marked aud designated, within ten /
lays, Sundays excepted, from the date of {
he service of said notice. !
SECTION S. - Whenever any person
hall refuse or neglect to comply with S
he order to remove and destroy the trees
marked by the Commissioners as afore-
aid, it shall become the duty of the Com Il
nissioners to cause said trees to be re al
moved and destroyed without delay, en- 3
'loying all necessary aid for that purpose L
nd for the purpose of said removal and ia
destruction the said Commissioners. their u
gents and workmen, shall have the right N
nd power to enter upon any and all a. q.
renises within their hundred N
SECTION Off any owner neglects to tn
emove and destroy, or cause to be re-
loved and destroyed as aforesaid, such
iseased trees, after such examination and 90
otihcation, within the time hereinbefore H
pecifed, such person shall be deemed a:
uily of common nuisance, and upon Il,
onviction thereof shall be fined not ex si
seding fifty dollars; and any Justice Of ~ ~
le Peace of the county in which the said
undred is located shall have jurisdiction an
lereof. ID ~
SECTION IF any owner of fruit in SC
cted as aforesaid with the disease known
Yellows, and south Of the line men, NJ
oned in Section I of this act, shall offer H
r sale or shipment,or shall ship or con- g
gn to any person or persons any of the hu
nit so infected, he shall be deemed
lilty of a common nuisance, and upon
thereof shall be fined not ex- Gu
eding twenty-five dollars; and any JUS s''
e of the Peace of the county in which