17 



Sec. 12. The commissioners shall not be charged any fee for their commissions 

 hereby authorized to be issued to them. 



Sec. 13. In case the commissioners shall at any time find trees affected with 

 "yellows," and evidently undergoing a thorough course of remedial treatment with 

 indications of success, they may, in the exercise of their judgment, suspend con- 

 demnation of such trees until the next examination. 



Sec. 14. Chapter 700, vol. 18, of the laws of Delaware is hereby repealed. 



Sec. 15. This act shall take effect from and after October 1, 1891, but shall not 

 apply to Newcastle County, nor to Duck Creek or Kenton hundreds in Kent County. 



Passed at Dover May 6, 1891. 



I.AWS OF KENTUCKY. 



AN ACT to prevent the spread of a disease known as the "hlack knot" in plum, cherry, and other 



trees. 1 



Be it enacted hy the general assembly of the Commonwealth of Kentucky : 



Section 1. It shall be unlawful for any person knowingly or willfully to keep any 

 plum, cherry, or other trees infected with the contagious disease or fungus known 

 as the "black knot;" that every tree so infected is hereby declared to be a public 

 nuisance, and no damages shall bo awarded in any court in this State for entering 

 upon premises and cutting away or severing the diseased part or parts of any tree so 

 infected, and destroying the same, or cutting down or removing such infected tree 

 altogether, and destroying the same, if done in accordance with the provisions of 

 this act. 



Sec. 2. In any county of this State in which such contagious disease exists, or 

 where there is good reason to believe it exists, or danger may be justly apprehended 

 of its introduction, it shall be the duty of the county judge of any county, upon the 

 application made in writing and signed by at least three freeholders who are resi- 

 dents of said county, to appoint forthwith three competent freeholders, who are 

 residents of said county, who shall be fruit growers of said county, as commissioners, 

 who shall hold office during the pleasure of said county judge, and such order of 

 appointment and of revocation shall be entered at large on the county records. 



Sec. 3. It shall be the duty of said commissioners, within ten days after appoint- 

 ment as aforesaid, to file their acceptances of the same with the clerk of the county 

 court of said county, and said clerk shall be ex officio clerk of said board of com- 

 missioners, and he shall keep a correct record of the proceedings of said board in a 

 book to be provided for the purpose, and shall file and preserve all papers pertain- 

 ing to the duties and actions of said commissioners, or either of them, which shall 

 be a part of the records of said county. 



Sec. 4. It shall be the duty of the commissioners or any one of them, upon or with- 

 out complaint, whenever it comes to their notice that the disease known as the 

 '•'black knot" exists, or is supposed to exist, within the limits of their county to 

 proceed without delay to examine the trees supposed to be infected, and if the dis- 

 ease is found to exist a distinguishing mark or marks shall be placed upon that part 

 or those parts of every tree so infected, which, in the judgment of the commissioner 

 or commissioners, should be removed and destroyed; or if, in the judgment of such 

 commissioner or commissioners, any tree so infected should be entirely removed and 

 destroyed, then the trunk of such tree shall be thoroughly girdled, and a written 

 notice given to the owner personally or by leaving the same at his usual place of 

 residence, or if the owner be a nonresident by leaving such notice with the person in 

 charge of such trees. The notice shall contain a simple statement of the facts as 

 found to exist, with an order to effectually remove and destroy by fire the part or 



'Acts of the General Assembly of the Commonwealth of Kentucky, session of 1894, Chapter CI. 

 Capital Printing Company, Frankfort, Ky., 1894, pp. 314-317. 



1588— Ko. 11 2 



