156' STATE POMOLOGIOAL SOCIETY. 



name and residence of the owner, and the place of distribution, shipment, or 

 exposure for sale of the fruit alleged to he so infected. 



Sec. 5. It shall he the duty of such commissioner, upon the receipt of any 

 such complaint, to proceed without any unnecessary delay to the examination of 

 the alleged case or cases ; and if he shall become satisfied of the actual exist- 

 ence of the yellows in standing trees, he shall affix a distinguishing mark to 

 each tree so affected, and immediately notify the owner or occupant of the 

 premises on which such trees shall be standing, in person, or by leaving a writ- 

 ten notification at his usual place of residence, requiring him, within five days 

 from the date of such notice, to uproot and effectually destroy, by fire or other- 

 wise, the trees so designated ; and in the case of affected fruit introduced into 

 the township, or distributed, shipped, or offered for sale therein, he shall in the 

 same manner notify the owner or the person in charge thereof to withhold the 

 same from distribution, shipment, or sale ; and to destroy the same within the 

 above named period of five days from the date of such notice. 



Sec. 6. In case the trees decided to be so infected shall be upon non-resident 

 lands, it shall be the duty of the commissioner to give the required notice, by 

 posting a copy of the same at some conspicuous place upon said non-resident 

 premises, and by serving a copy of the same upon any resident of the township 

 or vicinity who may be in charge of such premises, and by also directing a coj">y 

 of such notice, by mail, to the owner of said premises, if his name and resi- 

 dence shall be known. 



Sec. 7. Whenever the person or persons who shall have been served with the 

 notice or notices provided in sections five and six of this act, shall refuse or 

 neglect to comply with the requirements of the same, within the period therein 

 prescribed, it shall be the duty of said commissioners to immediately enter upon 

 the premises and effectually uproot and destroy such affected or diseased trees 

 or fruit. 



Sec. 8. Any owner or occupant of premises, on which such condemned trees 

 or fruit shall be, who shall consider himself aggrieved by the decision of the 

 commissioner, may, within three days from the date of this notice served upon 

 him, by a written notification, inform said commissioner of his purpose to con- 

 test the decision as to the diseased or infected character of such trees or fruit ; 

 whereupon, it shall be the duty of such commissioner, forthwith to notify the 

 members of the township board to assemble on the premises on which such trees 

 or fruit shall be, on the day on which the aforesaid notice requiring the destruc- 

 tion of such trees will expire ; then and there to examine the trees or fruit in 

 question, and to hear such evidence as shall be presented, bearing upon the 

 question at issue ; and if said township board, or a majority thereof, shall, after 

 a proper hearing of the case, decide that said trees are so affected or diseased, 

 they shall direct said commissioner, without unnecessary delay, to uproot and 

 destroy the trees in question, or to destroy the fruit, as the case may be, unless 

 the owner or occupant shall forthwith proceed to do so. 



Sec 0. in any case in which an owner or occupant of premises, or a person in 

 charge thereof, shall be notified by a commissioner of the diseased or infectious 

 character of any trees or fruit thereon, whether grown thereon or imported : 

 and in which such owner, occupant, or person in charge shall refuse or neglect, 

 in compliance with such notice, after its confirmation by the township board, to 

 destroy such trees or fruit, the expenses of the commissioner, in effecting such 

 destruction, including the cost of the assembling of the township board, and of 

 the evidence necessarily produced in the case, shall be a charge: firstly, upon 



