CHAP. 187.—An ACT to amend and re-enact sections 3146 and
3147 of the code of Virginia, in relation to jurors.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That sections thirty-one hundred and forty-six and thirty- ,
one hundred and forty-seven of the code of Virginia be :
amended and re-enacted so as to read as follows:

§3146. The clerk of every county and corporation court
shall, at least ten days before any term of a court at which
a jury may be necessary, to be designated by the judge
thereof, after shaking and mixing together the ballots in
the said jury box in the presence of the judge of such
court, if present, if not, in the presence of the common-.
wealth’s attorney or a commissioner in chancery of the
circuit court of the county or corporation, openly draw
therefrom twelve ballots (without inspecting the names
written on any until the proper number is drawn), and
forthwith issue and deliver a writ of venire facias to the
proper officer of the county or corporation requiring him
to summon the persons thus drawn, whose names shall be
stated in the writ, together with the day of the term and
the court at which their attendance is required; and it
shall be the duty of the officer, at least three days before
the time of such attendance, to summon each person who
is drawn to attend the court at the time and place men-
tioned in the writ, and to make due return thereof at the
opening of such court. If any person whose name is so
drawn is unable, by reason of sickness, absence from home
or other cause, to attend as a juror, his name shall be
returned to the box, or if he is exempt by law, or his name
has been struck from the jury list, the ballot shall be
destroyed, and another juror shall be drawn in his stead.

§3147. Whenever in the opinion of the circuit or county
court of the county, or the circuit or corporation court of
the corporation, or the judge thereof in‘vacation, a greater
number of jurors than twelve is necessary for the dispatch of
business of said court,such opinion shall be entered of record
together with the number of jurors deemed necessary. If
the order is made by a circuit court, or the judge thereof
in vacation, it shall be the duty of the clerk of such court,
at least twenty days before the jurors are required to
attend, to notify in writing the clerk of the county or cor-
poration court of the number of jurors so ordered and the
time and place at which their attendance is required, and
the clerk of such county or corporation court shall issue
the venire facias accordingly.

2. This act shall be in force from its passage.

CHAP. 188 —An ACT to amend and re-enact section 2159 of the
code of Virginia, in relation to the oyster fleet.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That section twenty-one hundred and fifty-nine of the
code of Virginia be amended and re-enacted so as to read
as follows:

§2159. Captains of steamer and vessels; their appoint-
ment; term of office; employment of crews; their pay.—
The said board shall appoint the captains of said steamer
and vessels, who shall be experienced seamen, acquainted
with the waters of Chesapeake bay and its tributaries, one
of whom shall be designated as captain-in-chief, and all
of whom shal]! hold office for the term of four years from
the date of their appointment, and their appointment shall
be made for the first term, after the passage of this act,
on or before the first day of March, eighteen hundred and
ninety, or at the first meeting of the board after the pas-
sage of this act. Each captain shall employ by the month
the necessary crew to man his steamer, or vessel, as the
case may be, subject, however, to the approval of the
board. The pay of captains and crews shall be fixed by
the board. The captains shall co-operate in carrying out
the provisions of this chapter, subject to the orders of the
captain-in-chief, all of whom shall be subject to the com-
mand of the governor, as commander-in-chief of the land
and naval forces of the state.

2. This act shall be in force from its passage.
“HAP. 189 —An ACT making it unlawful for any person to own,
keep, or sell any peach, almond, apricot, or nectarine tree
known to be infected pith the disease commonly designated as
the yellows, and to provide fur the appointment of inspectors
of orchards.

Approved March 4, 1890.

1. Be it enacted by the general assembly of Virginia,
That it shall hereafter be unlawful within this state for
any person to own, keep, or sell any peach, almond, apri-
cot, or nectarine tree, or the fruit thereof, known to be in-
fected with the communicable disease commonly desig-
nated as the “ yellows ;” that both trees and fruit so infected
are hereby declared to be public nuisance, and shall be
destroyed as hereinafter provided without compensation
to the owner or owners of the same; and it shall be the
duty of the owner or owners of any such infected trees or
fruit to destroy the same as soon as they become aware of
the fact that they are so diseased.

2. In any county of this state where the above men-
tioned disease exists, or there is reason to believe that it
exists, it shall be the duty of the county judge, on the
request of ten reputable freeholders, made in writing, to
appoint a discreet person of proper experience and quali-
fications to act as an inspector of orchards, and the said
person shal] be known as an orchard inspector for that
area within limits prescribed by the county judge; in the
same manner the county judge may appoint additional
inspectore in different parts of the county, prescribing the
area to be inspected by each. All papers relating to the
appointment of the above mentioned inspector, and copies
of all his official acts, shall be placed on a file by the
clerk of the county.court of said county; and it shal] be
the duty of said inspector to transmit copies of all his
acts, when proceeding under the several sections of this
act, to the said county clerk and to the chief inspector
hereinafter provided for within ten days after the same
are completed; but this act shall not be in force in any
county until the board of supervisors thereof shall by a
recorded vote accept and adopt the same, and such accept-
anee and adoption shall not make this act operative unless
the county court of such county by an order duly en-
tered, shall ratify and approve the action of the board.

4. It shall be the duty of an orchard inspector to file
his acceptance with the clerk of the county court within
and for which he has been appointed within five days
after appointment, and to at once enter upon his duties
by thoroughly inspecting all orchards known or supposed
to be diseased with the “ yellows,” and to mark such trees
ag are found to be so diseased for destruction, and the

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said orchard inspector shall not be liable to an action for
trespass in carrying out the provisions of this section. It
shall also be his duty to keep an accurate record of the
number of trees inspected and the number condemned in
each orchard, which record he shal] finally transmit to
the chief inspector as further provided. In case of non-
acceptance, resignation, or death of any person appointed
as inspector or removed under this act, the place shall be
filled by reappointment, as provided in section two of
this act. ,

4. On the completion of the inspection of any premises,
and finding trees or fruit infected with the above men-
tioned disease, the inspector shall at once notify the
owner of the fact in writing, after the usual manner of
legal notice, stating the number of diseased trees, and
designating the manner in which they are marked: pro-
vided, that in this act a notice served on a tenant shall
be considered legal and sufficient. The said owner or
tenant shall, in fifteen days after date of the said notice,
dig up and destroy root and branch by burning all trees
marked for destruction and specified in the above notice.
Fruit condemned under this act shal] also he destroyed
by burning or burying.

5. If anv person, after due notice as provided for in
this act, neglect or refuse to destroy within the specified
time trees or fruit properly condemned, the inspector shal]
have power to enter upon any and all premises, with such
force as shall be necessary, and destroy all property con-
demned as hereinbefore provided for, and the cost of per-
forming this duty shall be paid as hereinafter provided
for. Any person who shall believe that his trees or fruit
have been condemned without sufficient evidence may
appeal from the decision of the inspector, in which event
he shall serve notice of ‘such appeal on the inspector
within three days after receiving notice of condemnation
of trees or fruit. The inspector on receiving such notice
shall at once report the same to the county judge, who
shall immediately appoint two assistant inspectors to act
with the inspector, and upon their verdict the confirma-
tion or reversal of the orchard inspector’s order shall
rest. This joint commission shall meet and act not later
than the last day specified in the original notice of con-
demnation; it may extend the time for the destruction of
trees or fruit.

6. In case an inspector shall at any time become dere-
lict or neglectful of his duties, or act in a manner preju-
dicial to the interest of any citizen, he may be charged
with misconduct, which charge shall specify in writing
the nature of his misdemeanor or neglect of duty. On
presentation of such a charge to the judge of the county
court, he shall cite the said inspector to appear before him
on a specified day within the next thirty days, when a fair
hearing shall be given, and if the charges are sustained,
the said inspector shall be removed from office and another
person appointed in his stead. The accused shall! always
be furnished with a copy of the charges.

7. Any person appointed as an orchard inspector under
this act shall hold his office until the expiration of the
following thirtieth day of November, when the office shall
lapse until such time as it is revived by request, as pro-
vided for in section two of this act. Any person appointed
assistant inspector under this act shall hold his office only
during the hearing of the special case for which he was
appointed.

8. The pay of any inspector or assistant inspector shall
be at the rate of one and a half dollars per day for the
time actually engaged in the work of inspection, which
sum shall be paid out of the incidental funds in the
county treasury after his accounts have been examined
and found correct by the county board of supervisors:
provided, that no inspector shall be paid unless it be well
established that the yellows disease prevails in his area
of inspection. When any inspector shall be compelled
to personally destroy, or cause to be destroyed, diseased trees
or fruit, as provided for in this act, all necessary expenses
incurred by him in so doing shall be collected by him
from the owner of the premises on which the diseased
trees shall be found and destroyed. The inspector shall
first present a bill for said necessary expenses which, if
not paid, he may proceed to collect the amount of bill by
proceedings before a justice of the peace: and, provided,
turther, that in no county shall the payments made out of
the county funds to execute the provisions of this act
exceed in any one year the sum of thirty dollars.

9. This act hereby creates the office of chief inspector
of orchards for the state. which office shall be vested in
the commissioner of agriculture who shall serve without
pay for duties performed under this act. It shall be the
duty of this officer to prepare blank forms for the use of
county inspectors and for other purposes within the scope
of this act, which forms, upon the approval of the gover-
nor, shall be printed by the public printer in such num-
heras may be necessary for the work required; further,
he shall at once on the appointment of an orchard inspector,
furnish him with such forms and instructions as he may
need for the proper prosecution of his duties, and shall at
all times answer inquiries from the county inspectors or
any individual interested, pass upon questions and mate-
rial submitted to him for answer or examination relating
to the yellows, and do aj] in his power to promote a cor-
rect knowledge among growers concerning this disease.
He shall also keep an accurate record of the work of the
inspectors in the several counties, and furnish annually
on or before the first day of December of each year a
condensed statement of the work done by county inspec-
tors, the progress of the disease, the effect or non-effect of
this law in checking the spread of the same, and such
other matters of interest relating thereto as may be of im-
portance.

10, Any person who shall fail or refuse to obey the order
of an inspector to destroy trees or fruit, as provided for in
this act, shall be guilty of a misdemeanor and on convicton
thereof in a justice court shall be fined five dollars for
each day which has elapsed since the expiration of the
order of condemnation: provided, that no fine shall exceed
twenty-five dollars for a first offense or fifty dollars for a
second offense. In all cases where a term of days is speci-
fied in this act Sunday shall not be reckoned in the court.

11. It shall be unlawful for any person, firm, associa-
tion of persons, or corporation, or their agents, to bring,
ship, or consign into this state, for the purpose of selling,
or for any other purpose, any peach trees infected with a
disease known as peach yellows, or to sell the same aso
infected in this state.

12. Any person, association of persons, firm, or agent
violating any provision of section eleven of this act shall
be fined for each offense fifty dollars.

13. This act shall be in force from and after its passage.