18 



parts of every tree so marked and designated or every such tree entire whicli shall 

 Tbe so girdled, as the case may he, vrithin ten days from the date of the notice ^hove 

 required. Such notice and order to be signed hy the three commissioners or any two 

 of them. 



Sec. 5. Whenever any person shall refuse or neglect to comply with the order men- 

 tioned in the last section, it shall become the duty of the commissioners to carry out 

 the direction of said order, and forthwith to remove and destroy by fire every tree, or 

 part of tree so girdled or marked as aforesaid, employing all necessary aid for that 

 purjiose, the expenses for such removal and destruction to be a charge against the 

 county; and for the purpose of such removal aud destruction, the said commis- 

 sioners, their agents and employees, shall have the right and authority to enter upon 

 any and all premises within their countj^. 



Sec. 6. If any owner, or if such owner be a nonresident, then if any person in 

 charge of such trees neglects to remove and destroy by fire every tree or part of tree 

 so found to be infected, and marked or girdled as aforesaid, after notification and 

 within the time hereinbefore j)rescribed, such person shall be guilty of a misde- 

 meanor and punished by a fine not esceeding twenty-five dollars, or hy imprison- 

 ment in the county jail not exceeding ten days, or both, in the discretion of the 

 court ; and any justice of the peace of the county in which such offense shall he com- 

 mitted shall have jurisdiction thereof, and all such fines so collected shall be turned 

 over to the treasurer of said county, or other proper olhcer, to be designated by said 

 county judge, to be held by him subject to the order of said court. 



Sec. 7. The commissioners shall be allowed for services under this act two dollars 

 each for each full day and one dollar each for one half day, and other reasonable 

 charges and disbursements hereunder, to be audited as well as any other charges 

 and disbursements under this act by said county judge, to be paid to such commis- 

 sioners as other county claims are paid. Such fees and all reasonable charges aud 

 disbursements of said commissioners in each case may be recovered by the county 

 in its own name from the owner of the diseased trees on account of which such fees, 

 charges, and disbursements became payable or were incurred. 



Sec. 8. In counties where there are cities of the first and second classes, the mayor 

 shall discharge the duties, and the cities make the X)ayments provided for in this 

 act, so far as said disease exists in any of said cities. 



Approved, March 19, 1894. 



LAl^S OF MARYI.AND.1 



AX ACT TO provide for the destruction of fruit trees in "Washington County infected witli the disease 



known as the " yellows."' 



Be it enacted hy the general asseniMy of Ifaryland : 



Section 1. That it shall be unlawful for any person to keep in Washington County 

 any peach, almond, apricot, or nectarine tree infected Avith 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 diseased, shall be fined a sum not exceeding ten dollars and 

 costs, or ujion failure to pay the same, shall be confined in the county jail for a term 

 not exceeding thirty days. 



Sec. 2. That the trees and fruit so infected shall be subject to destruction as pub- 

 lic nuisances as hereinafter provided, and no damages shall be awarded.in any court 

 in the State or by any justice of the peace thereof, for entering upon premises and 

 destroying such diseased trees and fruit if done in accordance with the provisions 

 of this act, and it shall be the dutj^ of every person as soon as he becomes aAvare of 



iLaws of Maryland, Chapter XXYI, 1890, pp. 20-22. 



