4736 ARTICLE 22.

tagious 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 so diseased, shall be fined a sum not exceeding ten dollars and costs, or
upon failure to pay the same, shall be confined in the county jail for a
term not exceeding thirty days.

1890, ch. 26, sec. 2.

189. The trees and fruit so infected, shall be subject to destruction as
public 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 enter-
ing upon premises and destroying such diseased trees and fruit, if done in
accordance with the provisions of this act, and it shall be the duty of every
person as soon as he becomes aware of the existence of such disease in any
tree or fruit owned by him, to forthwith destroy the same, or cause it to be
destroyed.

1890, ch. 26, sec. 3.

190. It shall bo lawful for the Western Maryland Fruit Growers
Association 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 commis-
sioners, who shall hold said office during the year following their appoint-
ment, or during the pleasure of said association.

1890, ch. 26, sec. 4.

191. 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 districts, 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 commissioners, or by some
one directed by them, and the owner thereof notified personally, 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.

1890, ch. 26, sec. 5.

192. Whenever any person shall refuse or neglect to comply with the
order to destroy the trees or fruit so ordered to be destroyed, it shall be