ART. 48] TREE AND FRUIT INSPECTORS—THE YELLOWS. 383

1892, ch. 639.

71. It shall be the duty of said justice of the peace, in pass-
ing 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.

Ibid.

72. "Yellows" is hereby declared to be a contagions disease
affecting the constitution and vital growth of the tree, and mani-
fested by the following symptoms or one of them: 1st, a prema-
ture 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.

Ibid.

73. Said "Tree and Fruit Inspectors, " together or any two or
one of them may discharge the duties imposed by this sub-title,
and they shall receive for each day of actual service a per diem
of $2. 00 and in the same ratio for a fraction of a day, to be paid
by the county commissioners of the county, as well as such other
charges and expense as they shall be put to in the discharge of
the duties of this sub-title, which shall be paid by the county com-
missioners; all expenses, however, arising out of the failure or
refusal of the owner or occupant of any lands or premises to
obey the order of the "Tree and Fruit Inspectors, " and that they
shall be put to in the removal and destruction of any tree or fruit,
shall be and constitute a lien and charge on the lands and prem-
ises where said trees and fruit were found, recoverable by the
county commissioners of the county for county purposes through
the agency of the tax collector as taxes are collected.

Ibid

74. If any person shall in anywise interfere with or hinder
and impede said "Tree and Fruit Inspectors, " or any of them,
their agents or workmen, or the constable and his assistants in
the performance of their duties, under this sub-title, such persons
shall be guilty of a misdemeanor and shall be punished by fine