262 STATE HORTICULTURAL SOCIETY. 



Sec. 2. In any township, city or village in this state in which such contagious 

 diseases exists, or in which there is good reason to beUeve they exist, or danger may be 

 justly apprehended of their introduction, it shall be the duty of the township or village 

 board, or city council, as soon as such information becomes known to either such board 

 or council, or any member thereof, to appoint forthwith three competent freeholders of 

 said township, village, or city, as commissioners, who shall hold office during the pleas- 

 ure of said board, village or city council, and such order of appointment and of revoca- 

 tion shall be entered at large upon the township, village, or city records: Provided, 

 That the commissioners now appointed and in office shall continue in said office until 

 their successors are appointed and qualified. 



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

 as aforesaid, to file their acceptances of the same with the clerk of said township, 

 village 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 pro- 

 vided 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, village, 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 

 or black-knot, or other contagious diseases, 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 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 state- 

 ment of the facts as found to exist, with an order to effectually uproot and destroy, by 

 fire, or as the commissioner shall order, the tree so marked and designated, or such parts 

 thereof, within ten days, Sundays excepted, from the date of the service of the notice; 

 and in [cases] 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 immediately destroy 

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

 of commissioners. 



Sec. 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 com- 

 missioner 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, village or city; and for the purpose of such 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, village or city. 



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 examina- 

 tion and notification, and withm 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 or city 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 the 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 dis- 

 bursements hereunder, to be audited, as well as any other charges and disbursements 

 under this act, by the township board, village or city council, all of which costs, charges, 

 expenses, and disbursements may be recovered by the township, village or city from the 

 owner of said diseased fruit or nursery stock or from the owner of the premises on 

 which said diseased trees stood, in action of assumpsit. 



Sec. 8. All of act number one hundred and fifty-eight of the public acts of eighteen 

 hundred and ninety-one, be and the same is hereby repealed. 

 This act is ordered to take immediate effect. 

 Approved May 25, 1893. 



