Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1891-08-28
The Peach YeIlows Law.


The following is the full text Of the
peach yellows law passed by the last
Legislature.
Be IL enacted b. me Senate and Horse Of
Rebyeeniahves ofhhe STATE of D1anafe,
ia general Assembtr, met.
Section :. Within twenty days after the
passage ofthis act the Governor snail ap-
point in each hundred in Kent and SUSSEX
counties, except Duck Greek and Keniou
hundreds IN Kent county, three judicious,
intelligent aud substantial freeholders and
peach growers as "Peach Commissioners
for their respective hundreds. One Of said
commissioners shall be appointed for one
year from the FIRST Of May, A. d. 1891; one
for two years from the first of May, A, D.
1861, and one for three years from Tie FIRST
of Aiay, 1901 and until his successor shall
be duly appointed. Upon vacancy occur
ring by any cause it shall be filed by new
appointment for the unexpired term. Wien
a full term expires by its own limitation 1t
shall be flied by an appointment for three
years and so successfully.
Section O. tshall be The duty Of said com
missiouers on the application Of i've peach
growers OF the hundred TO make two careful
and searching examinations aud inspections
of all peach trees within the respective hun
dreds during each year. The first shall be
made between the fifteenth Of April and the
fifteenth Of May, and the second between
the fifteenth Of July and the fifteenth Of Au-
gus, in each year; provided that the first e~-
animation and inspection may be made any
time prior to the first Of June. A. D IS}1
Section The said commissioners shall
mark, or cause TO be marked every tree
wherever found, having the disease known
as tile yellows," and Immediately notify
the owner thereof in writing. The notices
shall give the number of trees so diseased
and their location with reasonable certainty.
If the owner resides in the hundred, the
notice shall be delivered to the owner him
self fiat home; but if not, it shall be suf-
hcient to fasteu it to the front door Of the
mansion house or dwelling But where the
owner does not reside in the hundred and
there is tenant in occupancy, the notice
NAV be served upon him in the same man
ner and with like effect as if he were the
owner; and where there is neither owner nor
tenant in possession, the notice shall be
fastened to the front door as above required
and a copy shall also be mailed to his adj
dress.
Section 4 Every owner shall, as soon as
practicable, after such notice has been given
as aforesaid, pull up, remove and destroy
every tree so diseased, so that not vestige
thereof shall remain. If the notice be given
on or before the first day of June the trees
shall be pulled up and destroyed prior to
fifteenth of July following; aud if after the
frst of June and prior to the fifteenth Of
August they shall be pulled up and de-
stroved not later than the Goeenth Of Ooto-
Der following.
Section :. Trees so ordered to be pulled
up and destroyed may be used for irewood
Section o. That any owner who, after
being uotih fed as Aforesaid, shall neglect or
refuse to pull up and destroy such diseased
trees within the time specified. shall be
guilty OF a misdemeanor. and upon couvie-
ton thereof shall be fined not less than ten
nor more than fifty dollars; and besides
shall be liable in damages to any adjacent
owner who may suffer loss on account OF
such neg ect or refusal.
Section +. immediately after the fifteenth
of Tulv and the fifteenth Of October in each
wear. the said commissioners shall again
visit each and every orchard in which they
had found diseased trees, 20 see wheter OF
not they have been pulled up and destroyed
and If they have not, the said comm issioners
shall forthwith kire men and teams to have
it done. and as soon as done they shall pros
ecute all deliuqueuts for their neglect OF
refusal to comply with the law.
Section s. The expenses |hich may be
incurred by the commissioners in pulling NJ
and destroying diseased trees as aforesaid,
as well as the Fay Of the commissioner
themselves, shall be paid out Of the Staff
Treasury on warrants drawn thereon by tn
commissioners, and accompanied by Ger
tifcate of the clerk of the peace Of th
proper county, that a full and itemize'
account ofsuch expenses and Of their tim
has been fled in his Office.
Section Q. For every day necessarily am
properly employed in the discharge Of tn
duties imposed by this act, each commits
sionorshall be paid the sum Of two dollars
and for halliday so employed one dollar
to be paid as provided III Section eight imme
diately preceding. Pro4ded, That beior
drawing their warrants for their pay the
shall also file with the clerS Of the peace
report Of their inspection and work Thi
shall state the number OF orchards visited
the whole number oftrees. and the nualbei
of those diseased and destroyed
Section 10 Without excluding other symp
toms or evidence Of "the yellows," the
presence Of the small willowy twigs or water
shoots and premature fruit shall be conclu
sive proof Of the existence ofthe disease.
Section II. For anything lawfully done by
the said commissioners, or any other person
authorized by them this act shall be a con-
plete protection, and may be pleaded ii
bar in any action brought against them.
Section u. The commissioners shall mo-
} be charged any fee for their commissions
hereby authorized to be issued to them.
Section IS. In case TIE commissioner
shall at any time fud trees affected with
"yeilows," and evidently undergoing {
thorough course Of remedial treatment
with indie atoms to success, they may, ii
the exercise OF their judgment suspend the
cona emuation Of such trees until the mex
examination.
Section "a Chapter seven hundred Vol
ume eighteen OF the Laws Of Delaware is
! hereby repealed.
Section IS. This act shall take effect from
! aud afLar OcLnher Isl 1901. but snail no