FRANK BROWN, ESQUIRE, GOVERNOR.

859

or allow to be and remain on his lands or premises, in the

Unlawful

State of Maryland, any peach, almond, apricot or nec-

to allow

tarine tree infected with the contagious disease known as

trees
having

the yellows, or to offer for sale, or shipment, or to sell or
ship to others any such trees, or the fruit thereof in any

yellows to
remain.

form ; and any person convicted before any justice 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 exceeding thirty days; provided, the pro-

visions of this act shall not apply to Washington County.

SEC. 2. And be it enacted, That the trees and fruit so

infected shall be subject to destruction as public nuisance,

Trees so

as hereinafter provided ; and no damages shall be awarded

Infected to
be

in any court of this State, or by any justice of the peace

destroyed.

thereof, against any person or persons for entering upon

lands or premises and destroying such disused 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 by burning the same, or cause it to

be destroyed by burning.

SEC. 3. And be it enacted, That it shall be the duty of the

county commissioners of the various counties, on the appli-

cation of three or more citizens of said county, to appoint

To appoint
Inspectors

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.

SEC. 4. And be it enacted, It shall be the duty of said

"Tree and Fruit Inspectors" immediately after their

Duty of

appointment to give notice thereof in such newspapers of

inspectors.

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

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 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