ART. 48] TREE AND FRUIT INSPECTORS. 1345

1892, ch. 639, sec. 3.

70i It sh.all be the duty of the county commissioners of the
various counties on the application of three or more citizens of
said county to appoint each year three competent peach
growers for each election district of the several counties or for
such of said election districts as said commissioners may deem
fit to act as Tree and Fruit Inspectors, who shall hold said
office during the year following their appointment or during
the pleasure of said county commissioners.

Ibid. sec. 4.

71. 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.

Ibid. sec. 5.

72. 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 the duty of said tree and fruit inspec-
tors 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 satis-
fied, after on 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