2062 ARTICLE 48

An. Code, 1924, sec. 75. 1912, sec. 69. 1904, sec. 71. 1892, ch. 639, sec. 4.

83. It shall be the duty of said tree and fruit inspectors immediately
after their appointment to give notice thereof in such newspapers of their
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 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 tree and fruit inspectors, 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 the trees
so marked within fifteen 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 immediately destroy the same or cause
it to be destroyed by fire.

An. Code, 1924, sec. 76. 1912, sec. 70. 1904, sec. 72. 1892, ch. 639, sec. 5.

84. Whenever any person shall refuse or neglect to comply with the
order to destroy the trees or fruit so order to be destroyed, it shall be the
duty of said tree and fruit inspectors to lodge a complaint before one of the
justices of the peace of the county, who shall forthwith summon the owner,
or other person so neglecting or refusing, and upon being satisfied, after an
examination into the facts, of the existence of the said disease in the trees
or fruit as charged by said tree and fruit inspectors, it shall be the duty
of said justice of the peace to forthwith issue an order to said tree and fruit
inspectors, or one of them, or to a constable of said county to destroy
said trees or fruit; and for the purpose of destroying the same it shall be
lawful for said tree and fruit inspectors or constable to enter upon any
premises in said county and seize said diseased trees or fruit wherever
found, and have the same destroyed by fire.

An. Code, 1924, sec. 77. 1912, sec. 71. 1904, sec. 73. 1892, ch. 639, sec. 6.

85. It shall be the duty of said justice of the peace, in passing the order,
as provided in the preceding section, to fix such fine and penalty as he may
see fit, not exceeding the sum of ten dollars for each offense, and all costs
incident to and attending such proceeding, and upon failure to pay said
fine and costs to commit said person to the county jail for a term not
exceeding thirty days.

An. Code, 1924, sec. 78. 1912, sec. 72. 1904, sec. 74. 1892, ch. 639, sec. 7.

86. Yellows is hereby declared to be a contagious disease affecting the
constitution and vital growth of the tree and manifested by the following
symptoms or one of them: 1st, a premature ripening of the fruit, which
is flavorless and with the color thereof not solid, but mottled or variegated;
2d, wiry growth of shoots from the trunk or branches of the tree.

An. Code, 1924, sec. 79. 1912, sec. 73. 1904, sec. 75. 1892, ch. 639, sec. 8.

87. Said tree and fruit inspectors together or any two of them may
discharge the duties imposed by this sub-title, and they shall receive for