190 GENERAL HISTORY. 



provisions 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 or fruit owned by him, to forthwith 

 destroy or cause the same to be destroyed. 



Sec. 3. In any township in this State in which such contagious disease exists, or in 

 which there is good reason to believe it exists, or danger may be justly apprehended of 

 its introduction, as soon as such information becomes known to the township board, or 

 any member thereof, it shall be the duty of said board to appoint forthwith three com- 

 petent freeholders of said township as commissioners, who shall hold office during the 

 pleasure of said board, and such order of appointment and of revocation shall be en- 

 tered at large upon the township records. 



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

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

 said clerk shall be ex officio clerk of said board of commissioners, and he shall keep a 

 oorrect 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 com- 

 missioners, 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 with- 

 out complaint, whenever it comes to their notice that the disease known as yellows 

 exists or is supposed to exist within the limits of their township, to proceed with- 

 out delay tcf examine the trees or fruit supposed to be infected, and if the disease is 

 found to exist, a distinguishing mark shall be placed ujDon 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 statement of the facts as found to exist, with an 

 order to effectually remove and destroy, by fire or otherwise, the trees so marked and 

 designated within ten 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. 

 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 trees marked by the commissioners, as aforesaid, it shall 

 become the duty of the commissioners to cause said trees to be removed and destroyed 

 forthwith, employing all necessary aid for that purpose, the expense for such removal 

 and destruction 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 remove and destroy, or cause to be removed and 

 destroyed, as aforesaid, such diseased trees or fruit after such examination and notifica- 

 tion, and within the time hereinbefore specified, such pei'son shall be deemed guilty of 

 a misdemeanor, and punished by fine not exceeding one hundred dollars, or by impris- 

 onment 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 fruit is sold, shipped or 

 disposed of, as aforesaid, shall have jurisdiction thereof. 



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, all of which costs, charges, expenses, and dis- 



