35 



may be recovered by tbe township, borough, or city, in the name of the sui^ervisor 

 or highway or street commissioner, from the owner of tlie diseased fruit or trees on 

 account of which such fees, charges, and disbursements became payable or were 

 incurred. 



Sec. 8. This act shall take effect immediately upon its approval by the governor. 



Approved, the 26th day of May, A. D. 1891. 



liAIVS OF VIRCtlJVIA. 



AIST ACT making it unlawful for any person to own, keep, or sell any peach, almond, apricot, or nec- 

 tarine tree known to be infected with tbe disease commonly designated as tlie yellows, and to pro- 

 vide for the appointment of inspectors of orchards.' 



Be it enacted hij the general assembly of Virginia: 



Section 1. That it shall hereafter be unlawful within this State for any person to 

 own, keep, or sell any peach, almond, apricot, or nectarine tree, or the fruit thereof, 

 known to be infected with the communicable disease commonly designated as the 

 ''yellows;" that both trees and fruit so infected are hereby declared to be public 

 nuisance, and shall be destroyed as hereinafter provided without compensation to 

 the owner or owners of the same; and it shall be the duty of the owner or owners of 

 any such infected trees or fruit to destroy the same as soon, as they become aware 

 of the fact that they are so diseased. 



Sec. 2. In any county of this State where the above-mentioned disease exists, or 

 there is reason to believe that it exists, it shall be the duty of the county judge, on 

 the request of ten reputable freeholders, made in writing, to apjpoint a discreet 

 person of proper experience and qualifications to act as an inspector of orchards, 

 and the said person shall be known as an orchard inspector for that area within the 

 limits prescribed by the county judge; in the same manner the county judge may 

 appoint additional inspectors in different parts of the county, prescribing the area 

 to be inspected by each. All x^apers relating to the appointment of the above- 

 mentioned inspector and copies of all his official acts shall be placed on a file by the 

 clerk of the county court of said county ; and it shall be the duty of said inspector 

 to transmit copies of all his acts, when proceeding under the several sections of this 

 act, to the said county clerk and to the chief inspector hereinafter provided for within 

 ten days after the same are completed ; but this act shall not be in force in any county 

 until the board of supervisors thereof shall by a recorded vote accept and ado^it the 

 same; and such acceptance and adoption shall not make this act operative unless the 

 county court of such county by an order duly entered, shall ratify and approve the 

 action of the board. 



Sec, 3. It shall be the duty of an orchard insjiector to file his acceptance Avith the 

 clerk of the county court within and for which he has been appointed within five 

 days after ax)]) ointment, and to at once enter upon his duties by thoroughly inspect- 

 ing all orchards known or supposed to be diseased with the "yellows," and to mark 

 such trees as are found to be so diseased for destruction ; and the said orchard 

 inspector shall not be liable to an action for trespass in carrying out the provisions 

 of this section. It shall also be his duty to keep an accurate record of the number of 

 trees inspected and the number condemned in each orchard, which record he shall 

 finally transmit to the chief inspector as further jirovided. In case of nonacceptance, 

 resignation, or death of any person appointed as inspector or removed under this act 

 the place shall be filled by reappointment as provided in section 2 of this act. 



Sec. 4. On the completion of the inspection of any premises, and finding trees or 

 fruit infected with the above-mentioned disease, the inspector shall at once notify 

 the owner of the fact in writing, after the usual manner of legal notice, stating the 

 number of dioeased trees, and designating the manner in Avhich they are marked: 

 Provided, That in this act a notice served on a tenant shall bo considered legal and 



' Public Acts and Joint Resolutions, session of 1889-90, Chapter 189, pp. 145-148. 



