15 



the commissioners to act, or from any other cause, the governor shall immediately fill 

 such vacancy or vacancies by the appointment of other commissioner or commissioners, 

 who shall likewise be freeholders and peach growers of the hundred. 



Sec. 4. It shall be the duty of the said commissioners, upon or without complaint, 

 wherever it comes to their knowledge that the disease known as yellows exists or is 

 supposed to exist, within the limits of their hundred, to proceed without delay to 

 examine the trees supposed to be infected, and if the disease is found to exist a dis- 

 tinguishing mark shall be placed upon the said diseased trees and the owner notified 

 by a written notice given to him in person or left at his usual place of residence, or 

 if the owner be a nonresident of said hundred, by leaving a notice with the holder 

 or tenant of the premises on which said diseased trees are found, or with the person 

 in whose charge or possession the said trees may be; or if there be no holder or 

 tenant of said premises, or person in charge or possession of said trees, then said 

 notice may be sent to the post-office address of the said owner, if it is known to the 

 commissioners, or it may be affixed to any part of the premises ; the said notice shall 

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

 remove or destroy, by fire or otherwise, the trees so marked and designated, within 

 twenty days, Sundays excepted, from the date of the service of said notice. 



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

 remove and destroy the trees marked by the commissioners as aforesaid it shall 

 become the duty of the commissioners to cause said trees to be removed and destroyed 

 without delay, employing all necessary aid for that purpose, and for the purpose of 

 said removal and destruction the said commissioners, their agents and workmen, shall 

 have the right and power to enter upon any and all premises within their hundred. 



Sec. 6. If any owner neglects to remove and destroy, or cause to be removed and 

 destroyed as aforesaid, such diseased trees, after such examination and notification, 

 within the time hereinbefore specified, such person shall be deemed guilty of a com- 

 mon nuisance, and upon conviction thereof shall be fined not exceeding fifty dollars, 

 and any justice of the peace of the county in which the said hundred is located shall 

 have jurisdiction thereof. 



Sec. 7. The said commissioners shall be allowed for their services under this act 

 two dollars for each full day and one dollar for each fraction of a day in which 

 they are actually employed, and their other charges and disbursements, including the 

 costs and expenses incurred in the removal and destruction of said diseased trees, as 

 well as any other charges and disbursements incurred under this act, to be audited 

 by the levy court of their county and paid as other bills against the county are paid. 

 But the counties shall not be required to pay any State tax on account of the com- 

 missioners appointed under this act. 



Sec. 8. This act shall be deemed and taken to be a public act. 



In 1891 the general assembly of Delaware passed another yellows 

 law, which is as follows : 



AN ACT concerning peach yellows. 



Be it enacted hy the senate and house of representatives of the State of Delaware in 

 general assembly met : 



Section 1. Within twenty days after the passage of this act the governor shall 

 appoint in each hundred in Kent and Sussex counties, except Duck Creek and 

 Kenton hundreds in Kent County, three judicious, intelligent, and substantial free- 

 holders and peach growers as ''peach commissioners" for their respective hundreds. 

 One of said commissioners shall be appointed for one year from the first of May, 

 A. D. 1891; one for two years from the first of May, 1891; and one for three years 

 from the first of May, 1891; and until his successor shall be duly apjiointed. Upon 

 a vacancy occurring by any cause it shall be filled by a new appointment for the 

 unexpired term. AVhen a full term expires by its own limitation it shall be filled by 

 an appointment for three years, and so on, successively. 



