Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1891-09-04
No. panoh YelIows Law.

The following is the full text of the
beach yellows law passed by the last
Legislature. i
Re- il enacted BY The Senate and House 81
Re6e9nfafives off6e STATE Of DeiawaFe'
in General Assembly, met
Section 1. Within twenty days after the
,assaee ofthis act the Governor snal aP
ppo;rt IN each hundred in Kent and SUISSE
fro,,rt;es except Duck Greek ana kentoh
hundreds iu Kent county, three luole'ouss
Intelligent aud substantial lreehoiusis az
neach growers as Peach Conn issiou ia
~ tJ'ai1 resnective hundreds One OF saiu
~, ,'1,jssioners shall be appointed for one
S,esr from the first Of May, A. u. 1891 one
sor two wears from the FIRST OF May, A. " |
81 and one for three years from the nls me,
~ Nav T8oI. and until his successor snali
~. 5,,iv amounted. Upon a vacancy occur
-;,,o- ~ arv cause It shall be filled by new
anpointment for the unexpned Term. !.
a fliii term expires by its own limitati on
shall be filled by an appointment lol 'nie
years and SO successiYeiy' ri, 80,
,,,iesioners on the application OF nve peaeh
Growers Of the hundred to make two eareiul
and searching examinations and inspections
~ ali neaeh trees within the respective hun'
drsds duriug each year. The first shall pc
made between the fifteenth Of April and me
fifteenth of May, and the second DetWSsn
The fifteenth of July and the htteentn OF a ~.
gust in each year; provided mat tue Ms -
animation and inspection may De pei mag eeN, any
time prior to the first OF June, a. y. 9si,a,
cectiOn The said commissioners shall
,,srJ ar cause to be marked, every tree
,yherever found. having the disease known
as stha veiIows." and Immediately nouiY
a.. ,,-,,,ey thereof in writing The notices
shall give the number Of trees so diseased
and their location with reasonable certainty.
Tfthe owner resides IN the hundred .he
rotice shall be delivered TO the owner hiui-
| seif II at home; but il not, It shall be SUI
e.;a,,t N fasten Il to the front door OF the
,,,susion house or dwelling. But where the
gunner does not reside in the hundred ana
there is a tenant IN occupancy, the notice
1 ,,s,, he served upon him IN the same man
rer and with like effect as if he were the
/ o,v,,er. and where there is neither owner nor
tenant in possession, the notice shall De
/ fastened TO the front door as above required
and a copy shall also be mailed to his aa-
dress. -, 49,. 90
ryarticable after such notice has been given
as aforesaid. pull up, remove and destroy
| every tree so diseased, so that not vestlge
thereof shall remain. If the notice be given
~, or before the first day of June, the trees
shall be pulled up and destroyed prior 10
6ffeeuth Of Iuly following; and If after the
6rst of June and prior to the hiteenLn OF
August, they shall be pulled up and de-
stroyed not later than the fifteenth Of Oc'o'
Der following. IT.,
m and destroyed may be used for hrewood.
Section 6. That any owner who, after
being notified as aforesaid, shall neglect OF
refuse to pull up and destroy such diseased
trees within the time specified, shall be
Ouiltv of a misdemeanoT. and upon convie-
tion 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 o.
such neglect or refusal.
Section ?. Immediately after the fifteenth
of Tulv and the fifteenth Of October IN eaeh
wear. the said commissioners shall again
visit each aud every orchard in which they
. had found diseased trees, to see wheter Of
not thew have been pulled up and destroyed
and if they have not, the said commissioner
shall forthwith hire men and teams to have
il done, and as soon as done they shall pros
ecute all delinqueuts for their neglect Of
refusal to comply with the law.
; section 5. The expenses which may b
incurred by the commissioners in pulling VI
and DESTROYING diseased trees as aforesaid
} as we'll as the Fay Of the commissioner
, themselves. shall be paid out Of the Stat'
Treasury on warrants drawn thereon by thu
+ commissioners, aud accompanied by a Ger
tifcate Of the clerk Of the peace OF thu
proper county, that a full and itemizec
account of such expenses and OF their tint
has been filed in his Office.
f Section O. For every day necessarily an'
properly employed in the discharge Of tn
duties imposed by this act, each commits
= siouorshall be paid the sum of two dollars
= and for a halliday so employed, one dollar
to be paid as provided IN Section eight imue
2 diately preceding. PyOVided, That befor
. drawing their warrants for their pay the.
shall also file with the clerE of the peace
report of their inspection and work. Ihl
shall state the number or orchards visited
the whole number of trees, and the humble
of those diseased and destroyed.
T Section 10 Without excluding other symI
! toms or evidence of ''the yellows," til
presence of the small willowy twigs or waite
e Shoots aud premature fruit shall be conclu
e siye proof Of the existence ofthe disease.
S Section II. For anything lawfully done b
s the said commissioners, or any other Perso
= authorized by them this act shall be CON
T plete protection, and may be pleaded /
I. bar in any action brought against them
a Section u. The commissioners shall nc
be charged any fee for their commission
hereby authorized to be issued to them.
e Section Il. In case the commissioner
r shall at any time find trees affected wit
e ''yellows," and evidently undergoing
S thorough course Of remedial treatmen
P with indications to success, they may,
7 the exercise OF their Judgment, suspend til
=. condemnation Of such trees until the nez
0 examination.
( Section "a Chapter seven hundred Vo
d ume eighteen OF the Laws Of Delaware
D hereby repealed.
. Section IS. This act shall take effect froi
] and after October Ist 1891, but shall nj
] apply to New Castle county nor to Due
J Creek or Kenton hundreds in Kent county
, Passed at Dover, May 9th 1891.