Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1892-05-06
CHAPTER CSC.

AN ACT to provide for the destruction Of
fruit trees In the State OF Maryland infected
with the disease known as the "Yelows.n
SECTION l. Be II enacted by the General
Assembly of Maryland, That 1t shall be
unlawful for any person to keep or allow 10
be and remain on his land or premises, In tho
State of Maryland, any peach, almond, april
cot or nectarine tree infected with the con.
tageous disease know 40 the Yellows, or to
offer Tor sale, or shipment or to sell or ship to
others any such trees, or the fruit thereof In
any torn; and any person convicted before
any Justice of the Peace of selling or shipp.
ing said trees or the fruit thereof in any form
knowing the same To be so diseased shall be
fined q sum not exceeding ten dollars and
costs, or upon failure to pay tho same. shall
be confined In the county jail for term not
exceeding thirty days. provided the pro-
visions Of this act shall not apply to
Washington County.
trees and fruit 80 Infected shall be subject 10
destruction rs a public nuisance as hereafter
provided, and no damages shall be awarded
In any Court Of this State. or by any Justice
Of the Peace thereof against any person or
persons for entering upon land or premises
and Destroying such diseased trees and fruit
II done Ia accordance with the provisions of
this Act, and 1t shall be the duty OF every
person a. soon as he becomes aware Of the
existence OF such disease In any tree or fruit
owed BIZ him to forthwith destroy by burn
lug the same, o. ean,e Il 10 b. destroyed BY
burning.
Section 8. And be Il enacted. That II shall
be the duty Of The County Commissioners OF
tbs various Counties on the application, OF
three or more Citizens Of said County 10 hp.
point each year three competent peach grow
srs for each election district Of the several
Counties. or for such OF said election districts
as said Commissioners may deem fit to act AZ
free and Fruit Inspectors. who shall hold
said office during the year following their sp.
pointment, or during the pleasure Of said
County Commissioners.
Section a. And be II enacted, II shall be
the duty OF said Tree and Fruit Inspectors
immediately alter their appointment to give
notice thereo I In such newspapers Of their
County as they may select and II shall be
their duty whenever 1t comes TO their notice
that the disease known as the "ieilows" ex-
lists In any trees. or fruit in their respective
election districts, to proceed forthwith to ex.
anime or cause to b5 examined the trees or
fruit supposed 10 be infected, and ifthc disease
Is found alter such examination to exist,
distinguishing mark shall be placed upon
said diseased trees by said Tree and Frui.
Inspectors" or by some Que directed BY them,
and the owner thereof notified personally or
by q written notice left at his usual place Of
residence, or by leaving the notice with the
person Ia charge Of the trees or fruit, or Ia
whose p5sssssloi the same may be. said notice
10 contain a simple statement OF the facts as
found TO exist. with an order 10 efectuaily re.
move and destroy by ire the trees so marked
within thirty days from the date of the SER
vice Of said notice. and In case OF fruit 40 In
fected, such notice shall require the person In
whose possession or control It is found to i'm
mediateiy destroy the same or cause II 70 be
destroyed by lire.
Section 8. And be 1t enacted, Whenever
m N M ah n rafttaa mr. nooIaet IN
with the order to destroy the trees or iruit 80
ordered TO be destroyed II shall be the duty Of
said Tree and Fruit Inspectors" to lodge a
complaint before one OF the Justices Of the
Peace Of the County, who shall forthwith
summon the owner, or other person so neglect.
ing or refusing. and upon being satisfied after
an examination into the facts OF the exis ence
OF the said disease In the trees or fruit as
charged by said Tree and Fruit inspectors"
u shall be the duty Of said Justices OF the
Peace 10 forthwith issuean order TO said Tree
and Fruit Inspectors" or one Of them, or TO
Constable OF said County TO destroy said trees
or fruit and for the purpose OF destroying the
same It shall be lawful tor said Tree and
Fruit Inspectors" or Constable 10 enter upon
any premises in said County, and seize said
diseased trees or fruit wherever found. aud
have the same destroyed by fire.
Section q. And BE- II enacted, And II shall
be the duty Of said Justice Of the Peace, 10
ing section to tx such fine and penalty a. he
may see hf, not exceeding the sum Of ten dol.
lars for eacn ohsnse and all costs incident 10
and attending such proceedings, and upon
failure TO pay said 6ne. and costs, to commit
said person to tbs County jail Tor term not
exceeding thirty days
Section 7. Aud DO II enacted, "Yeliows"is
hereby declared to DO q contagious disease
affecting the constitution and vital growth Of
the tree. and manifested by the following
symptoms or one Of them, LIST premature
ripening Of the fruit, which 10 havorless, and
with the color thereof not solid, but mottled
or varisgated; 2nd Why growth Of shoots
from the trunk, or branches Of the tres.
Section s. Aud be II enacted, That said
Tree and Fruit inspectors" together or any
two or one OF them may discharge the duties
imposed BY this Actand that they shall receive
tor each day Of actual service per diam Of
800, and in the same ratio for fraction of
day, TO be paid by the County Commissioner
o the County, a. we'll as such other charges
and expenses as they shall be put 10 In the
discharge OF the duties OF this Act shall be
paid By the County Commissioners. All ex'
penses however, arising out Of the failure or
refusal Of tho owners or occupant Of any
lands or premises TO obey the order Of tho
Tree aud Fruit inspectors and that they shall
be put to In the removal and destruction Of