The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER 639.

CHAPTER 639.
AN ACT to provide for the destruction
of fruit trees in the State Of Maryland
inflicted with the disease known as the
''Yellows."
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That it shall
be unlawful for any person to keep or allow
TO be and remain on his land or premises,
in the State of Maryland, ANY peach, almond,
apricot or nectarine tree infected with the
contagious disease known as the Yellows,
or to offer for sale or shipment, or to sell
or ship to others any such trees, or the
fruit thereof in any form; and any person
convicted before any justice of the peace
of selling or shipping said trees or the fruit
thereof in any form, knowing the same to
be so diseased, shall be fined sum not ex-
ceeding ten dollars and costs, or upon fail
ure to pay the same shall be confined in
the county Jail for term not exceeding
thirty days, provided the provisions Of this
act shall not apply to Washington county.
SEC ,. And be it enacted, That the
trees and fruit 50 infected shall be subject
to destruction as public nuisance as here
after 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 dis
eased trees and fruit if done in accordance
with the provisions of this act, and it shall
be the duty of every person as soon as he
becomes aware of the existence Of such
disease in any tree OF fruit owned by him
to forthwith destroy by burning the same,
or cause it to be destroyed by burning.
SEC. ,. And be it enacted, That ii
shall be the duty Of the county commits
sioners of the various counties, On the appli-
cation of three or more citizens of said
county, to appoint each year three comPc
tent peach growers for each election dis
trict of the several counties, or for such of
said election districts as said commissioner
may deem fit to act as ''tree and fruit In
spectors," who shall hold said office durin:
the year following their appointment, o.
during the pleasure of said county commits
siOners
SEC. 1. And be it enacted, 1t shal
be the duty of said stree and fruit inspect
0rs Immediately after their appointment
10 give notice thereof in such newspaper
of their county as they may select, and
shall be their dnty whenever it comes t
their notice that the disease known as tn,
"Yellows' exists in any trees or fruit il
their respective election districts to procee
forthwith to examine or cause to be exam
ined the trees or fruit supposed to be in
fected. and if the disease is found afte
such examination to exist Distinguishing
mark shall be placed upon said disease
trees by said stree and frnit inspectors,
or by some one directed by them. and tn
owner thereof notified personally or by
written notice left at his usual place of res
jdenee, or by leaving the notice with tn
person in charge of the trees or fruit, o
in whose possession the same may be, sal
notice to contain simple statement of tn
facts as found to exist, with an order t
e6ectually remove and destroy by fire tn
trees so marked within thirty days from
the date of the service of said notice, ant
in ease of fruit so infected such notice shall
require the person in whose possession o.
control it is found to Immediately DESTROY
the same or cause it to be destroyed b.
fire.
SEC. 5. And be it enacted, Wheneve
ANY person shall refuse or neglect to com
ply with the order to destroy the trees Oh
fruit so ordered TO be destroyed it shall BE-
the duty of said stree and fruit inspectors
to lodge complaint before one of the jus
tees of the peace of the county, who shall
forthwith summon the owner, or Other
person so neglecting or refusing, and upon
being satisfied after an examination into
the facts Of the existence of the said disease
in the trees or fruit as charged by said
i'tree and fruit inspectors" it shall be the
duty of said justices of the peace to forth.
with issue an order to said stree and fruit
inspectors, or one of them, or to coDsta-
Bile of said county to destroy said trees OF
fruit, and for the purpose of destroying
the same it shall be lawful for said stree
and fruit inspectors or constable to enter
upon any premises in said county and seize
said diseased trees or fruit wherever found
and have the same destroyed by fire.
SEC. 6. And be it enacted, That il
shall be the duty Of said justice Of the
peace, in passing the order as provided in
the preceding section, to fix such fine and
penalty as he may see fit. not exceeding
the sum of ten dollars for each offense, and
all costs incident to and attending such
proceedings, and upon failure to pay said
fine and costs to commit said person to the
county Jail for term not exceeding thirty
days.
SIC. Z. And be it enacted, "Yellows'
is hereby declared to be contagious dis
ease affecting the constitution and vital
growth Of the tree, and manifested by the
following symptoms, or one of them: LIST.
4 premature ripening Of the fruit, which
is aavorless. and with the color thereof not