THE NEW YELLOWS LAW. 



AN ACT to Prevent the Spread of Yellows, a Contagions Disease among Peach, Almond, Apricot, and 

 Nectarine Trees, and to Provide Measures for the Eradication of the same, and to Repeal Act Thirty- 

 two of the Session Laws of Eighteen Hundred and Seventy-nine. 



Section 1. The Peoj)le of the State of Michigan enact. That it shall be unlawful for any person to keep 

 any peach, almond, apricot, plum, prune, cherry, or nectarine tree, infected with the contagious diseajses 

 known as yellows or black-knot, or to offer for sale or shipment, or to sell or ship to others any of the 

 fruit thereof ; that both tree and fruit so infected shall be subject to destruction as a i>ublic nuisance as 

 hereinafter provided, and no damage shall be awarded in any court in the state for entering upon prem- 

 ises and destroying such diseased trees or parts of trees and fruit if done in accordance with the provis- 

 ions of this act; and it shall be the duty of every person, as soon as he becomes aware of the existence of 

 such disease in any tree, parts of trees, or fruit owned by him, to forthwith destroy or cause esiid fruit or 

 trees to be destroyed. 



Seo. 2. In any township in this state in which such contagious disease exists, or in which there is good 

 reason to think it exists, or danger may be justly apprehended of its introduction, as such information 

 becomes known to the township board or any member thereof, it shall [be] by the duty of said board to 

 appoint forthwith three competent freeholders of said township as commissioners, who shall hold oflBce 

 during the pleasure of said board, and such order of appointment and of revocation shall be entered at 

 large upon the township records. 



Seo. 3. It shall be the duty of said commissioners, within ten days after appointment as aforesaid, 

 to file their acceptance of the same with the clerk of said township, Emd 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 t< > 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. 



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 or black-knot exists, or is 

 supposed to exist, within the limits of their townships, 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 should be placed 

 upon the trees and the owner 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 effectually uproot and destroy by fire, or as the commis- 

 sioner shall order, the trees so marked and designated, or euch parts thereof within ten days, Sunday 

 excepted, from the date of the service of the notice; and in case of trees known as nursery stock, or fruit 

 so infected, such notice shall require the person in whose possession or control it is found, to imme- 

 diately destroy the same, or cause it to be done, said notice and order to be signed by the full board of 

 commissioners. 



Seo. 5. Whenever any person shall refuse or neglect to comply with the order to remove and destroy 

 the tree, or parts of trees so designated and marked by the commissioners as aforesaid, it shall become 

 the duty of the commissioners to cause said tree 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, and for the purpose of said removal and destruction, 

 the said commissioners, their agents, and workmen, shall have the right and power to enter upon any 

 and all premises within their township. 



Sec. 6. If any owner neglects to uproot and destroy, or cause to be removed and destroyed as aforesaid, 

 such diseased tree or parts of trees or fruit, after such examination and notification, and within the time 

 hereinbefore specified, such person shall be deemed guilty of a misdemeanor, and punished by a fine not 

 exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months, or 

 both in the discretion of the court: and any justice of the peace of the township where such trees may be, 

 or where such nursery stock or fruit is sold, shipped, disposed of, or delivered as aforesaid, shall have 

 jurisdiction thereof. The words "parts of trees," wherever used in this act shall refer to black-knot only 

 and not to trees affected with yellows. 



Sec. 7. The commissioners shall be allowed for services under this act, two dollars for each full day 

 and one dollar for each half day, and their other charges and disbursments hereunder, to be audited a& 

 well as any other charges and disbursments under this act, by the township board all of which costs, 

 charges, expenses, and disbursments, may be recovered by the township from the owner of said diseased 

 fruit, or from the owner of the premises on which said diseased tree stood, in an action of assumpsit. 



_ Sec. 8. All of act number one hundred and seventy-four of the public acts of eighteen hundred and 

 eighty-one, be and the same is hereby repealed. 



This act is ordered to take immediate effect. 



Approved June 23, lb91. 



