1346 INSPECTIONS. [ART. 48

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.

1892, ch. 639, sec. 6.

73. 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.

Ibid. sec. 7.

74. 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.

Ibid. sec. 8.

75. 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
two dollars 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 expenses as they shall be put to in the
discharge of the duties of this sub-title, which shall be paid by
the county commissioners; 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 premises 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. sec. 9.

76. If any person shall in anywise interfere with or hinder
and impede said tree and fruit inspectors, or any of them,.