19 



the existence of such disease in any tree or fruit owned by him to forthwith destroy 

 the same or cause it to be destroyed. 



Sec. 3. That it shall be lawful for the Western Maryland Fruit Growers' Associa- 

 tion of Washington County to appoint each year three competent members thereof 

 for each election district in said county, or for such of said election districts as said 

 association may deem fit, to act as commissioners, who shall liold said office during 

 the year following their api^ointment, or during the pleasure of said association. 



Sec. 4. That it shall be the duty of said commissioners immediately after their 

 appointment to give notice thereof in such newspaper of said county as they may 

 select, and it shall be 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 dis- 

 tricts to proceed forthwith to examine, or cause to be examined, the trees or fruit 

 supposed to be infected, and if the disease is found after such examination to exist, 

 a distinguishing mark shall be placed upon said diseased trees by said commission- 

 ers, or by someone directed by them, and the owner thereof notified j)ersonally or by 

 a written notice left at his usual place of residence, or by leaving the notice with the 

 person in charge of the trees or fruit or in whose possession the same may be, said 

 notice to contain a simple statement of the facts as found to exist, with an order to 

 effectually remove and destroy by fire or otherwise the trees so marked within five 

 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 immedi- 

 ately destroy the same or cause it to be destroyed. 



Sec. 5. That whenever any i)erson shall refuse or neglect to comply with the order 

 to destroy the trees or fruit so ordered to be destroyed it shall be the duty of said 

 commissioners to lodge a complaint before one of the justices of the jieace of said 

 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 exist- 

 ence of the said disease in the trees or fruit, as charged by said commissioners, it 

 shall be tlie duty of said justice of the peace to forthwith issue an order to said 

 commissioners, 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 com- 

 missioners 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 lire or 

 otherwise. 



Sec. 6. That it 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 sec fit, 

 not exceeding the sum of ten dollars for each offense, and all costs incident to or 

 attending such proceedings, 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 vital growth of the tree and manifested by the following symp- 

 toms or one of them: 1. A premature ripening of the fruit, which is flavorless, and 

 with the color thereof not solid, but mottled or variegated. 2. Wiry growth of 

 shoots from the trunk or branches of the tree. 



Sec. 8. That this act shall take effect from the date of its passage. 



Approved, February 18, 1890. 



AN ACT to provide for the destruction of fruit trees in the State of Maryland infected with, the dis- 

 ease known as the "yellows." ' 



Be it enacted hy the general assembly of Maryland : 



Section 1. That it shall be unlawful for any person to keep, or allow to be and 

 remain on his lands or premises, in the State of Maryland, any peach, almond, apri- 

 cot, or nectarine tree infected with the contagious disease known as the yellows, or 



•Laws of the State of Maryland, session of 1892, Chapter DCXXXIX, pp. 858-861. C. H. Baugham, 

 & Co., State printers, Annapolis, Maryland, J 892. ^ 



