Marvin Mandel, Governor                           647

ing a de novo appeal from the District Court, shall be paid to the
trustees of said college to be added to the funds herein provided for
carrying out the provisions of this subtitle. If any nurseryman, dealer
or agent sell, ship or deliver any trees, plants, shrubs or vines into or
in this State, which are infected with San Jose scale, peach yellow,
pear blight or other injurious diseases, and upon examination by the
State Pathologist, State Entomologist or their assistants, are con-
demned by being so infected, the said trees, plants, vines and shrubs
shall be destroyed, and the nurseryman, dealer or agent shall forfeit
the value of such stock, and shall not collect the same from the pur-
chaser or consignee.

93.    Keeping infected trees on premises, selling infected trees or

fruit.

It shall be unlawful for any person to keep or allow to be and re-
main on his lands or premises, in the State of Maryland, any peach,
almond, apricot, nectarine or other tree infected with the contagious
disease known as 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 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 diseased, or after he shall have been notified thereof by
an inspector, shall be fined a sum not exceeding ten dollars and costs
[, and upon failure to pay the same shall be confined in the county
jail for a term not exceeding thirty days].

94.    Destruction of infected trees.

The trees and fruit so infected shall be subject to destruction as
public nuisance as hereinafter provided, and no damages shall be
awarded in any court of this State [or by any justice of the peace
thereof] against any person or persons for entering upon lands or
premises and destroying such diseased trees and fruit if done in ac-
cordance with the provisions of this subtitle, 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.

97. Noncompliance with order of inspector.

Whenever any person shall refuse 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 tree and fruit inspectors to lodge a complaint
[before one of the justices of the peace of] in the District Court
sitting in the county, [who] which 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
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] the
court to forthwith issue an order to said tree and fruit inspectors, 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 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.