ELIHU E. JACKSON, ESQUIRE, GOVERNOR. 21
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the contagious disease known as the "Yellows," or to offer for sale
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or shipment, or to sell or ship io others any such trees or the fruit
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thereof in any form, and any person convicted before any justice
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Yellows.
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of the peace, of selling or shipping said trees or the fruit thereof
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in any form, knowing the same to be so diseased, shall be fined a
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sum not exceeding ten dollars and costs, or upon failure to pay
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the same, shall be confined in the county jail for a term not ex-
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ceeding thirty days.
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SEC. 2. And be it enacted, That the trees and fruit so infected,
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shall be subject to destruction as public nuisances as hereinafter
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provided, and no damages shall be awarded in any court in the
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State, or by any justice of the peace thereof, for entering upon
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Nuisance.
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premises and destroying such diseased trees and fruit, if done in
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accordance with the provisions of this act, and it shall be the
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duty of every person as soon as he becomes aware of the existence
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of such disease in any tree or fruit owned by him, to forthwith
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destroy the same, or cause it to be destroyed.
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SEC. 3. And be it enacted, That it shall be lawful for the Wes-
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tern Maryland Fruit Growers association of Washington County,
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to appoint each year three competent members thereof, for each
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election district in said county, or for such of said election dis-
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Associa-
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tricts as said association may deem fit, to act as commissioners,
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tion.
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who shall hold said office during the year following their appoint-
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ment, or during the pleasure of said association.
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SEC. 4. And be it enacted, That it shall be the duty of said
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commissioners immediately after their appointment to give notice
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thereof in such newspaper of said county as they may select, and
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it shall be their duty whenever it comes to their notice that the
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disease known as the " Yellows," exists in any trees or fruit in
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their respective election districts, to proceed forthwith to examine
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or cause to be examined, the trees or fruit supposed to be infected,
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and if the disease is found after such examination to exist, a dis-
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tinguishing mark shall be placed upon said diseased trees by said
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commissioners, or by some one directed by them, and the owner
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Notice.
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thereof notified personally, or by a written notice left at his usual
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place of residence, or by leaving the notice with the person in
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charge of the trees or fruit or in whose possession the same may
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be, said notice to contain a simple statement of the facts as found
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to exist, with an order to effectually remove and destroy by fire or
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otherwise, the trees so marked within five days from the date of
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the service of said notice, and in case of fruit so infected such
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notice shall require the person in whose possession or control it is
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found, to immediately destroy the same or cause it to be destroyed.
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SEC. 5. And be it enacted, That whenever any person shall re-
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fuse or neglect to comply with the order to destroy the trees or
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fruit so ordered to be destroyed, it shall be the duty of said com-
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missioners to lodge a complaint before one of the justices of the
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