16 



Sec. 2. It shall be the duty of said commissioners, on the application of five peact 

 growers of the hundred, to make two careful and searching examinations and inspec- 

 tions of all peach trees within the respective hundreds during each year. The firsi 

 shall he made between the fifteenth of April and the fifteenth of May; and the sec- 

 ond between the fifteenth of July and the fifteenth of August in each year, provided 

 that the first examination and inspection may be made any time prior to the first ol 

 June, A. D. 1891. 



Sec. 3. The said commissioners shall mark or cause to be marked every tree, where- 

 ever found, having the disease known as ''the yellows," and immediately notify the 

 owner thereof in writing. The notices shall give the number of trees so diseased 

 and their location with reasonable certainty. If the owner resides in the hundred 

 the notice shall be delivered to the owner himself if at home; but if not it shall be 

 sufficient to fasten to the front door of the mansion house or dwelling. But when 

 the owner does not reside in the hundred and there is a tenant in occupancy, the 

 notice may be served upon him in the same manner and with like eflect as if he were 

 the owner ; and where there is neither owner nor tenant in possession the notice shall 

 be fastened to the front door, as above required, and a copy shall also be mailed to his 

 address. 



Sec. 4. Every owner shall, as soon as practicable after such notice has been given, 

 as aforesaid, pull up, remove, and destroy every tree so diseased, so that not a ves- 

 tige thereof shall remain. If the notice be given on or before the first of June the 

 trees shall be pulled up and destroyed prior to the fifteenth of July following; and 

 if after the first of June and prior to the fifteenth of August, they shall be pulled up 

 and destroyed not later than the fifteenth of October following. 



Sec. 5. Trees so ordered to be pulled up and destroyed may be used for firewood. 

 Sec. 6. That any owner who after being notified as aforesaid shall neglect or 

 refuse to pull up and destroy such diseased trees within the time specified, shall be 

 guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten 

 nor more than fifty dollars; and besides shall be liable in damages to any adjacent 

 owner who may suffer loss on account of such neglect or refusal. 



Sec. 7. Immediately after the fifteenth of J'uly and the fifteenth of October in 

 each year, the said commissioners shall again visit each and every orchard in which 

 they had found diseased trees, to see whether or not they have been pulled up and 

 destroyed; and if they have not the said commissioners shall forthwith hire men 

 and teams to have it done, and as soon as done they shall prosecute all delinquents 

 for their neglect or refusal to comply with the law. 



Sec. 8. The expenses which may be incurred by the commissioners in pulling up 

 and destroying diseased trees as aforesaid, as well as the pay of the commissioners 

 themselves, shall be paid out of the State treasury on warrants drawn thereon by 

 the commissioners, and accompanied by a certificate of the clerk of the peace of the ' 

 proper county that a full and itemized account of such expenses and of their time 

 has been tiled in his office. 



Sec. 9. For every day necessarily and properly employed in the discharge of the 

 duties imposed by this act each commissioner shall be paid the sum of two dollars, ' 

 and for a half day so employed one dollar, to be paid as provided in section 8, imme- 

 diately preceding : Provided, That before drawing their warrants for their pay they 

 shall also file with the clerk of the peace a report of their inspection and work. This 

 report shall state the number of orchards visited, the whole number of trees, and 

 the number of those diseased and destroyed. 



Sec. 10. Without excluding other symptoms or evidence of ''the yellows,"' the 

 presence of the small, willowy twigs or water shoots and premature fruit shall be 

 conclusive proof of the existence of the disease. 



Sec. 11. For anything lawfully done by the said commissioners, or any other per- 

 son authorized by them, this act shall be a complete protection, and maybe pleaded 

 in bar in any action brought against them. 



