860

LAWS OF MARYLAND.

to contain a simple statement of the facts as found to exist,

with an order to effectually remove and destroy by fire

the trees so marked within fifteen 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 by fire.

SEC. 5. And be it enacted, Whenever any person shall

Neglecting

refuse or neglect to comply with the order to destroy the

stroy— pro-

trees or fruit so ordered to be destroyed, it shall be the duty

ceedings.

of said "Tree and Fruit Inspectors " to lodge a complaint

before one of the justices of the peace of the 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

disease in the trees or fruit as charged by said " Tree and

Fruit Inspectors," it shall be the duty of said justice of the

peace to forthwith issue an order to said "Tree and Fruit

Inspectors," or oue of them, or to a constable of said county,

to destroy said trees or fruit ; aud for the purpose of destroy-

ing 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.

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

Fine

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 aud 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.

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

Yellows

to be a contagious disease affecting the constitution and

defined

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 ; 2nd, wiry growth of

shoots from the trunk or branches of the tree.

SEC. 8. And be it enacted, That said "Tree and Fruit

Compensa-

Inspectors," together or any two or one of them may dis-

tion of In-
spectors.

charge the duties imposed by this act, and that they shall

receive for each day of actual service a per diem of $2.00

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 expense as they shall be put to in the

discharge of the duties of this act, which shall be paid by