Chap. 335.—An ACT to authorize the Commissioner of Agriculture and Immigra-
tion, who may act through the State Entomologist, to inspect, treat, remove
or destroy trees having Dutch elm disease, which is declared to be a public
nuisance; to make it the duty of the owner ‘of the land on which such diseased
trees are found to treat or to destroy them; to make it a misdemeanor for any
person to interfere with or hinder the persons making such inspection, or treat-
ing, removing or destroying the diseased trees ; and to require the owner thereof
to pay the expense of their removal, treatment or destruction, and to provide
for appeal from orders of officer. {S 205

Approved March 30, 1944

Be it enacted by the General Assembly of Virginia:

1. Section 1. It is unlawful for the owner of any land in this
State to knowingly have or permit to grow or remain thereon any tree
or trees affected with Dutch elm disease, Ceratostomella ulmi, which is
hereby declared to be a public nuisance, and when such trees are known
to exist it is the duty of the owner thereof to destroy or to treat them
for the eradication of the disease, as directed by the Commissioner of
Agriculture and Immigration, who is sometimes herein referred to as
the “Commissioner”.

Section 2. Whenever the Commissioner of Agriculture and Im-
migration knows of the existence of this disease, or has reason to suspect
it, he shall cause to be made by the State Entomologist or his assistants
an inspection of the suspected trees, and if the disease be found to
exist the Commissioner shall at once give notice in writing to the owner
or owners of the land on which a diseased tree or trees or parts of such
trees are found, giving the number and location thereof and how marked,
and ordering their destruction, or giving the owner or owners such
other instructions and orders with regard thereto, as he deems proper
for eradication of the disease. In the order he shall fix a reasonable
time, not less than ten days from the service thereof, on or before which
the order must be obeyed, but he may in his discretion extend the time.
for good cause shown.

Section 3. Any person feeling that his trees have been condemned
without sufficient evidence may appeal from the decision of the Com-
missioner, in which event he shall serve notice of his appeal on the
Commissioner within ten days after receiving notice of the condemna-
tion. The Commissioner on receiving the notice shall at once report
it to the circuit court of the county, or the circuit or corporation court
of any city or town, in which the diseased trees are located, or the judge
of any such court in vacation, and the court or judge shall immediately
enter an order appointing two inspectors to act with the Commissioner
of Agriculture and Immigration and State Entomologist and examine
the trees. This joint commission shall meet and act within thirty days
after the entry of the order appointing the inspectors, and shall forth-
with report to the court or judge in vacation their finding as to the
existence of the disease.

If the report be negative as to the existence of the disease the matter
shall be dismissed, but if it be otherwise, the court or judge in vacation
shall set as early a date as practicable for a hearing and notice thereof
shall be given the Commissioner and the owner or owners of the trees.
At the hearing the testimony of competent witnesses,. including the
members of the commission making the report, may be introduced, and
the court or judge in vacation shall enter such order as to the confirma-
tion or rejection of the report, and the Commissioner’s order of con-
demnation as 1s deemed proper.

Section 4. For the purpose of inspecting, treating, destroying or
rencaving the diseased trees or parts of trees the State Entomologist and
his assistants are authorized and empowered to enter upon the lands
on which the tree or parts of trees under inspection are found or thought
to be located, and if found, to order the owner or owners to treat them
in such manner as to eradicate the disease or to destroy them as au-
thorized in section two herein.

If the owner.or owners of a tree or trees affected with the Dutch
elm disease fail or refuse to destroy or to treat such trees as ordered
or to file an appeal as provided in section three, the Commissioner of
Agriculture and Immigration may proceed to ‘treat or to destroy such
trees and shall submit to the owner or owners a bill for the necessary
expenses thereof, or such portion of the expenses as he deems proper.
as soon as they are ascertained, and if they be not paid within thirty
days after bill is submitted he may proceed in the name of the Common-
wealth to collect the amount by proceeding before a trial justice or other
court of competent jurisdiction, in the same manner in which debts of
like amount are now recoverable. Any money so recovered shall be
paid into the State treasury.

Section 5. Any person who interferes with or hinders the Com-
missioner, the State F mtomologist or other person in the discharge of
their duties under this act is guilty of a misdemeanor, and upon con-
viction thereof shall be fined not less than twenty-five dollars nor more
than one hundred dollars or imprisoned not less than ten days nor more
than thirty days or both, in the discretion of the trial justice or other
tribunal in which the case is tried.

Section 6. Any owner who fails to obey the orders of the officer
given under authority of this act within ten days after receipt thereof,
unless he appeals from the order, is guilty of a misdemeanor, and upon
conviction shall be fined five dollars for each day of such failure in
excess of twenty-one days after receipt of the order, or legal service
thereof on the owner, or his agent in charge of the land, or may be im-
prisoned not less than ten days nor more than thirty days, or both fined
and imprisoned in the discretion of the trial justice or other tribunal
in which the case is tried. No fine imposed under this section shall
exceed twenty-five dollars for a first offense nor fifty dollars for a
second offense.

Chap. 336—An ACT to amend Chapter 94, Acts of 1934, short title of which is
“The Alcoholic Beverage Control Act”, approved March 7, 1934, by adding a
new section numbered 9-a, to prescribe certain limitations as to adoption of regu-
lations relative to sale, etc., of alcoholic beverages. [H 181]

Approved March 30, 1944

Be it enacted by the General Assembly of Virginia: __

1. That chapter ninety-four of the Acts of Assembly of nineteen
hundred thirty-four, short title of which is “The Alcoholic Beverage
Control Act”, approved March seven, nineteen hundred thirty-four, be
amended by adding a new section numbered nine-a, as follows:

Section 9-a. Limitations upon adoption of certain regulations.—
Notwithstanding the authority conferred upon it by section nine of this
act or by any other provision of this act or of the law to adopt regulations
relating to the sale, delivery and shipment of alcoholic beverages, the
Alcoholic Beverage Control Board shall not, in case of continuance or
future establishment of any rationing system, impose any fee for sales
permits or ration books or otherwise require the payment of any sum
or amount as a condition precedent to obtaining a sales permit or ration
book or as prerequisite otherwise to compliance with the regulations
adopted by the Board in connection with putting into effect the rationing
system, and the Board is directed to provide as a part of any individual
rationing system which it adopts some appropriate provision by which
either the husband or wife may purchase for the other such rationed
quantities as the spouse for whom the purchase ts made is entitled to
purchase under the rationing system, with the power reserved to the
Board by unanimous action to discontinue this provision should it be
so abused as to interfere materially with a just and equitable distribution
of the available supply of alcoholic beverages among the eligible citizens
of the State.