364 STATE POMOLOGICAL SOCIETY. 



after provided, to prevent the spread or introduction of said disease, and to 

 eradicate the same, which ])etition shall be filed with and become a part of 

 the records of the township to which such application is made. 



Sec. 3. It shall be the duty of the township clerk on receipt of the petition 

 specitied in section two of this act, to call a meeting of the township board 

 within ten days thereafter, and upon the assembling of said board to lay such 

 petition before them ; whereupon it shall be the duty of said board, upon the 

 liearing of said petition, to appoint three competent resident freeholders of 

 such township as commissioners, who shall hold their office during the pleas- 

 ure of said board ; and such order of appointment and of revocation, when 

 revoked, sliall be entered at large upon the records of the township. 



Sec. 4. It shall be the duty of said commissioners, within ten days of 

 appointment as aforesaid, to file their acceptance of the same wath the clerk 

 of said township, and said clerk shall be ex officio clerk of said board of com- 

 missioners, and he sliall 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 of said commissioners or either of them, which shall 

 be a part of the records of said township. 



Sec. 5. Any one or more residents of the same or adjoining township may 

 make complaint in writing and on oath, addressed to said commissioners, 

 delivering the same to either of them, setting forth that said disease exists, or 

 that he has good reason to believe it exists, upon lands within the township in 

 which said commissioners reside, designating the same with reasonable cer- 

 tainty, or that trees or fruit infected with such disease are offered for sale or 

 shipment, or have been introduced therein, designating the i)ei'Son in whose 

 possession, or under whose control such trees or fruit are believed to be. 



Sec. 6. It shall be the duty of the commissioners to whom such complaint 

 is delivered to proceed without unnecessary delay to examine the trees or fruit 

 so designated, and if he shall become satisfied that the contagious disease actu- 

 ally infects such trees or fruit, he shall, without injuring the same, fix a 

 distinguished mark upon each of the trees so infected, and immediately notify 

 the person to whom such trees belong personally or by leaving a written notice 

 at his usual place of residence if he be a resident of the county, and if such 

 owner be a non-resident of such county, then by leaving the same with the 

 person in possession of such trees, requiring him within five days, Sundays 

 excepted, from the date of said notice, to elfectually remove and destroy, by 

 fire or other means, the trees so marked, and in case of fruit so infected such 

 notice shall recpiire the person in whose possession or control it is found to 

 immediately destroy the same or cause it to be done. 



Sec. 7. If any person neglects to destroy or cause to be destroyed, such dis- 

 eased fruit, after such examination and notification, but sells, ships or dis- 

 poses of the same to others, such person shall be deemed guilty of misde- 

 meanor, and punished by a fine not exceeding one hundred dollars, or by im- 

 prisonment in the county jail not exceeding three months, or both, in the dis- 

 cretion 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 

 tiiereof. 



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

 notice to remove and destroy the trees marked by the commissioners as afore- 

 said, it shall be the dutv of said commissioner forthwith to notify the other 

 commissioners to assemble with himself on the premises on which said trees 

 shall be, on the fifth day, Sundays excepted, after he shall have made service 



