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Session Laws, 1890
Volume 396, Page 21   View pdf image (33K)
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ELIHU E. JACKSON, ESQUIRE, GOVERNOR. 21

the contagious disease known as the "Yellows," or to offer for sale


or shipment, or to sell or ship io others any such trees or the fruit


thereof in any form, and any person convicted before any justice

Yellows.

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 ex-


ceeding thirty days.


SEC. 2. And be it enacted, That 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 entering upon

Nuisance.

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.


SEC. 3. And be it enacted, That it shall be lawful for the Wes-


tern 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 dis-

Associa-

tricts as said association may deem fit, to act as commissioners,

tion.

who shall hold said office during the year following their appoint-


ment, or during the pleasure of said association.


SEC. 4. And be it enacted, That 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 dis-


tinguishing mark shall be placed upon said diseased trees by said


commissioners, or by some one directed by them, and the owner

Notice.

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 immediately destroy the same or cause it to be destroyed.


SEC. 5. And be it enacted, That whenever any person shall re-


fuse 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 com-


missioners to lodge a complaint before one of the justices of the




 

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Session Laws, 1890
Volume 396, Page 21   View pdf image (33K)
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