Chap. 36.—An ACT providing for the control and eradication of the plant
disease, commonly known as “orange” or “cedar rust,” in the magisterial |
districts and counties of this State where said disease is prevalent.

(H. B. 74.)
Approved March 4, 1914.

1. Be it enacted by the general assembly of Virginia, That
it shall hereafter be unlawful within this State for any person,
firm or corporation to own, or keep alive and standing upon his
or its premises, any red cedar tree, or trees (which are or may be)
the source, harbor or host plant for the communicable plant disease
commonly known as “orange” or “cedar rust,” of the apple, and
any such cedar trees when growing within a radius of one mile of
any apple orchard in this State, are hereby declared a public nuis-
ance and shall be destroyed as hereinafter provided, and it shall
be the duty of the owner or owners of any such cedar trees to de-
stroy the same as soon as they are directed to do so by the State
entomologist, as hereinafter provided.

2. In any county in this State where the above mentioned dis-
ease exists, or there is reason to believe it exists, it shall be the duty
of the State entomologist, in person or by an assistant, upon the
request in writing of ten or more reputable free-holders of any
county or magisterial district, to make a preliminary investigation
of the locality from which said request is received, to ascertain if
any cedar tree or trees in said locality are the source of, harbor
or constitute the host plant for the said disease known as “orange”
or “cedar rust of the apple,” and constitute a menace to the health
of any apple orchard in said locality, and that said cedar tree or
trees exist within a radius of two miles of any apple orchard in
said locality. If upon such preliminary investigation of the lo-
calities from which said request is received it shall appear that
there are cedar trees which constitute the source, harbor or host
plant of said disease, and that said cedar tree or trees exist within
a radius of two miles of any apple orchard or orchards in said
locality and constitute a menace to the health of said apple orchard
or orchards, the State entomologist or his assistant, shall give no-
tice in writing to the owner or owners of said cedar tree or trees
to destroy the same; such notice shall contain a brief statement of
the facts found to exist whereby it is deemed necessary or proper
to destroy said cedar trees and call attention to the law under which
it is proposed to destroy said cedar trees, and the owner or owners
shall within such time as may be prescribed in such notice by the
State entomologist cut down and destroy said cedar trees.

8. If, however, in the judgment of the State entomologist it is
practical to treat any such cedar tree or trees, especially ornamental
trees in dooryards, graveyards, cemeteries and parks, which have
been declared as aforesaid to constitute a menace to any apple or-
chard in said locality, in such a way as to render it or them harm-
less, he may direct such treatment to be carried out by the owner
under the direction of any agent he may appoint for that purpose.
Said directions for treatment shall be put in writing by the State
entomologist and a copy placed in the hands of said owner. Any
owner undertaking to so treat his trees and refusing or failing to
carry out said written directions shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than five dollars
nor more than fifty dollars.

4. The notice required under section two and section five of this
act may be served upon the owner of said trees if a resident of the
State in the manner prescribed by section thirty-two hundred and
seven of the Code, or if such owner be not a resident of this State,
by serving a copy of such notice upon his tenant or other person
having charge of the premises.

5. Whenever the owner or owners of said cedar tree or trees
refuse or neglect to cut down or destroy the same within the time
specified in the notice given by the State entomologist as prescribed
by section two of this act, it shall be the duty of the State entomol-
egist to cause said trees to be at once cut down or destroyed and the
necessary expense thereof shall be paid by his warrant on the county
treasurer to be paid out of the general fund of the county and to be
reimbursed as provided in section eight of this act.

6. The State entomologist, his assistant or employees are em-
powered with authority to enter upon any public or private prem-
ises for the purpose of carrying out the provisions of this act. Any
person or persons who shall obstruct or hinder the said entomologist,
his assistants or employees in the discharge of their duties under
this act shall be deemed guilty of a misdemeanor and upon convic-
tion thereof shall be fined not less than five dollars nor more
than fifty dollars.

7. Any owner finding objection to the order of the State en-
tomologist in requiring him to destroy his cedar tree or trees may
appeal from said order to the circuit court of the county in which
said trees are located, but said appeal must be taken within fifteen
days from the date upon which the notice to destroy the same is
scrved upon him. Notice in writing of said appeal must be filed
with the clerk of said court who shall forthwith transmit a copy
thereof to the State entomologist. The filing of said notice shall
act as a stay of the proceedings of the State entomologist until it
is heard and decided. The court in regular or special session shall
thereupon hear the objections, and is hereby authorized to pass
upon all questions involved, and determine the amount of damages,
if any, which will be incurred by the owner in case said trees are
destroyed, and the costs incurred or to be incurred in cutting down
trees under section two of this act. If the court should find any
damages or such expense sustained, he shall order the amount so
ascertained to be paid to the owner by the treasurer of the county
out of the general fund of said county, and such order shall be
entered by the clerk in the law order book of the said court.

Sec. 8. Whenever the court orders any damages paid out of the
general fund of the county under the preceding section or such
amount as the county treasurer may have paid out of the general
fund of the county under section five of this act, the said county
fund shall be reimbursed by a specific levy of not exceeding one
dollar per acre on all apple orchards planted ten years or more, and
not exceeding fifty cents per acre on all orchards planted more than
two years and less than ten years, in each magisterial district in
which this law shall have become operative as hereinafter provided.
The court awarding damages shall direct the commissioner of the
revenue for the district or districts in which the law has become
operative to report at the next annual assessment the names of all
owners of apple orchards, over two years old and less than ten
years old and all owners of apple orchards over ten years old in
each district or districts together with the number of acres of or-
chards owned by each person.

The court shall thereupon fix such specific amount per acre to be
paid by each such owner as will in the aggregate net the amount
necessary to reimburse the county fund for all damages and costs
previously paid out under the provisions of this act.

The court shall enter an order directing each owner to pay his
respective portion so ascertained, to the county treasurer, which
said order shall have the full force and effect of a judgment of the
court; if said amounts are not. paid within thirty days from the
date of said order the county treasurer shall proceed to collect the
same as delinquent taxes are collected: provided. however, that all
damages awarded and assessments made therefor, shall be vy magis-
terial districts, each district bearing its own expenses in the en-
forcement of this act.

The amount fixed by the court upon orchards planted more than
two and less than ten vears shall be one-half the amount fixed by
the court as a charge upon orchards planted ten vears or more.

9. This act shall not be in force in any county or in any magis-
terial district of any county until the board of supervisers thereof
shall by a recorded vote accept and adopt the same for their county
or magisterial district in their county, and such acceptance and
adoption shall not make this act operative unless the cireuit court
of such county by an order duly entered shall ratify and approve
the action of the board.

In the event the board of supervisors of any county neglect or
refuse to accept and adopt this act for their county. or for any
magisterial district of their county, then the majority of the qual-
ified voters of said county or any magisterial district of said county,
may request the adoption of this act by petition addressed to the
circuit court of said county and when it appears from said petition
that a majority of the qualified voters of said county or any muagis-
terial district of said county, request the adoption of this act, then
the said court shall declare the same adopted for such county, or
for any magisterial district in such county, requesting its adoption.

10. An emergency existing by reason of the fact that the season
for infection is near at hand, this act shall be in force from its
‘passage.