LAWS RELATING TO HORTICULTURE. 159 



the clerk of said township, or city, and said clerk shall be ex officio clerk 

 of said board of commissioners, and he shall keep a correct record of the 

 proceedings of said board in a book to be provided for the purpose, and 

 shall file and preserve all papers pertaining to the duties and actions of 

 said commissioners, or either of them, which shall be a part of the records 

 of said township or city. 



Sec. 4. It shall be the duty of the commissioners, or any one of them, 

 upon, or without complaint, whenever it comes to their notice that either 

 of the diseases known as yellows, black knot, peach rosette or pear blight 

 exist, or are supposed to exist within the limits of their township, village 

 or city, to proceed without delay to examine the tree or fruit supposed to 

 be infected, and if the disease is found to exist, a distinguishing mark 

 shall be placed upon the diseased trees, and the owners notified personally 

 or by a written notice left at his usual place of residence, or if the owner 

 be a non-resident, by leaving the notice with the person in charge of the 

 trees or fruit, or the person in whose possession said trees or fruit may be. 

 The notice shall contain a simple statement of the facts as found to exist, 

 with an order to eflPectually uproot and destroy, by fire or as the commis- 

 sioner shall order, the trees so marked or designated, or such parts thereof, 

 within five days, Sundays excepted, from the date of the service of the 

 notice, and in case of fruit so infected, such notice shall require the person 

 in whose possession or control it is found to immediately destroy the 

 same, or cause it to be done, or the commissioner may destroy the same. 

 Said notice and order to be signed by one or more of the commissioners. 



Sec. 5, In case any person who is interested in any tree or trees so 

 ordered to be destroyed shall feel aggrieved by such order and shall believe 

 that such trees are not so diseased, he may serve a written notice upon all 

 of the commissioners in the township in which such trees are situated, 

 which notice shall specify the part of such order to which objection is 

 made and the particular tree or trees included in such order which it is 

 claimed are not so diseased and shall request an examination of such tree 

 or trees by all of said commissioners, which notice shall be served person- 

 ally upon each of said commissioners within the five days given for the 

 destruction of said trees, and it shall thereupon be the duty of all said com- 

 missioners who have not already done so to personally examine such tree or 

 trees as soon as practicable and within said five days, and if a majority of 

 all the commissioners shall agree that such tree or trees are so diseased, 

 they shall order the same to be destroyed forthwith by the owner or cus- 

 todian thereof; but if a majority shall decide that such tree or trees, or 

 any of them are not so diseased, they shall revoke the order of the com- 

 missioner to destroy the same as far as it relates to the trees so found to 

 be free from disease, but this section shall not apply to fruit ordered to 

 be destroyed. 



Sec. 6. Whenever any person shall refuse or neglect to comply with 

 the order to remove and destroy the trees or parts of trees so designated 

 and marked by the commissioner as aforesaid, it shall become the duty of 

 the commissioner to cause said trees or parts of trees to be removed and 

 destroyed forthwith, employing all necessary aid for that purpose. The 

 expenses for such removal and destruction of trees or parts of trees to be 

 a charge against the township or city, and for the purpose of such removal 

 or destruction the said commissioners, their agents and workmen shall 

 have the right and power to enter upon any and all premises within their 

 township or city. 



