22

LAWS OF MARYLAND.

peace of said county, who shall forthwith summon the owner or

other person so neglecting or refusing and upon being satisfied

after an examination into the facts of the existence of the said dis-

ease in the trees or fruit as charged by said commissioners, it shall

be the duty of said justice of the peace to forthwith issue an

Proceed-
ings.

order to said commissioners, 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 commissioners 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 or otherwise.

SEC. 6. And be it enacted, That it shall be the duty of said

justice of the peace in passing the order as provided in the pre-

ceding section, to fix such fine and penalty as he may see fit, not

Penalty

exceeding the sum of ten dollars for each offense, and all costs

incident to or attending such proceedings, and upon failure to pay

said fine and costs, to commit said person to the county jail for

a term not exceeding thirty days.

SEC. 7. And be it enacted, That "Yellows" is hereby declared to

be a contagious disease affecting the constitution and vital growth

Symptoms

of the tree and manifested by the following symptoms or one of
them: 1. A premature ripening of the fruit which is flavorless

and with the color thereof not solid but mottled or variegated.

2. Wiry growth of shoots from the trunk or branches of the tree.

SEC. 8. And be it enacted, That this act shall take effect from

Effective.

the date of its passage.

Approved February 18, 1890.

CHAPTER 27.

AN ACT to refund to Caroline Sell, widow of Peter Sell, a sum

of money erroneously paid by her into the treasury of the State.

WHEREAS, Caroline Sell, widow of Peter Sell, late of Frederick

Preamble

county, deceased, erroneously paid to the register of wills of said

county the sum of thirty-three dollars and thirty-four cents

($33.34), as collateral inheritance tax; therefore,

SECTION 1. Be it enacted By the General Assembly of Maryland,

That the comptroller of the treasury be and he is hereby directed

Warrant,

to issue his warrant on the treasurer of Maryland, to pay to

Caroline Sell, the widow of Peter Sell, late or Frederick county,

deceased, the sum of thirty-three dollars and thirty- four cents

($33.34), collateral inheritance tax erroneously paid by her into

the treasury of the State.