20 



to offer for sale or shipment, or to sell or ship to others any such trees, or the fruit 

 thereof iu any form; and any person convicted hefore any justice of the peace of 

 selling or shipping said trees or the fruit thereof in any form, knowing the same 

 to he so diseased, shall he hned a sum not exceeding ten dollars and costs, or upon 

 failure to pay the same shall he confined in the county jail for a term not exceeding 

 thirty days: Provided. The provisions of the act shall not apply to Washington 

 County. 



Sec. 2. That the trees and fruit so infected shall he suhject to destruction as puh- 

 lic nuisance as hereinafter provided; and no damages shall he awarded in any 

 court of this State, or hy any justice of the peace thereof, against any person or per- 

 sons for entering upon lands or premises and destroying such diseased trees and 

 fruit if done in accordance with the provisions of this act; and it shall he the duty 

 of every person as soon as he hecomes aware of the existence of such disease in any 

 tree or fruit owned hy him to forthwith destroy hy hnrning the same, or cause it to 

 he destroyed hy hurning. 



Sec. 3. That it shall he the duty of the county commissioners of the various coun- 

 ties, on the application of three or more citizens of said county, to appoint each year 

 three competent peach growers for each election district of the several counties, or 

 for such of said election districts as such commissioners may deem lit, to act as "tree 

 aud fruit inspectors,*" who shall hold said office during the year following their 

 appointment, or during the pleasure of said county commissioners. 



Sec. 4, That it shall he the duty of said "tree and fruit inspectors" immediately 

 after their appointment to give notice thereof in such newspapers of their county as 

 they may select: and it shall he their duty whenever it comes to their notice that 

 the disease known as the ''yellows" exists in any trees or fruit in their respective 

 election districts to proceed forthwith to examine, or cause to he examined, the trees 

 or fruit supposed to he infected, and if the disease is found after such examination 

 to exist, a distinguishing mark shall he placed upon said diseased trees hy said "tree 

 and fruit inspectors," or by some one directed hy them, and the owner thereof noti- 

 fied personally or hy a written notice left at his usual place of residence, or by leav- 

 ing the notice with the person in charge of the trees or fruit, or iu whose possession 

 they may be, said notice to contain a simple statement of the facts as found to exist, 

 with an order to effectually remove and destroy hy fire the trees so marked within 

 fifteen days from the date of the service of said notice, and in case of fruit so infected 

 such notice shall require the person in whose possession or control it is found to 

 immediately destroy the same or cause it to he destroyed by fire. 



Sec. 5. That whenever any person shall refuse or neglect to comply with the order 

 to destroy the trees or fruit so ordered to he destroyed it 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, Avho 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 " tree and 

 fruit inspectors,'" it shall be the duty of said justice of the peace to forthwith issue 

 an order to said "tree or fruit inspectors," or one of them, or to a constable of said 

 county, to destroy said trees or fruit; and for the purpose of destroying the same it 

 shall be lawful for said "tree 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. That it shall be the duty of said justice of the peace, iu 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 proceeding, and upon failure to pay said fine and costs to commit 

 said person to the county jail for a term not exceeding thirty days. 



Sec. 7. That "yellows" is hereby declared to be a contagious disease affecting the 

 constitution and vitalgrowthof the tree, and manifested by the following symptoms 

 or one of them: 1st, a premature ripening of the fruit, which is flavorless^ aud with 



