SECRETARY'S PORTFOLIO. 3G5 



of such notice, and then and there personally to examine the trees in question, 

 and the evidence bearing upon tlie existence of said disease, and if said com- 

 missioners or a majority of tlieni shall, after a proper examination of the 

 matter, decide that said trees are infected with such disease they shall in case 

 such trees so infected do not exceed six in number, order the same to be re- 

 moved or destroyed forthwith, or cause it to be done ; employing all necessary 

 aid for that purpose, if the person in charge thereof refuses or neglects to do 

 so; and in case the trees found to be infected shall exceed six in number, and 

 the owner thereof shall upon the service of said notice, refuse or neglect to 

 remove the same in accordance with the provisions of the act and the terms 

 of such notice, then and in that case said commissioners shall petition the cir- 

 cuit court for the county for an order directing and empowering said commis- 

 sioners to remove or cause to be removed such infected trees, and the court 

 shall direct the defendant to be summoned, and an issue joined therein, and 

 the cause to be tried in a summary manner, and if it shall appear on said 

 trial that said trees are so infected, he shall grant the order prayed for with 

 costs of prosecution against the owner of said trees, but in case such trees are 

 found not to be infected, he shall dismiss said proceeding with costs to be taxed 

 against the township in which such commissioners reside. 



Sec. 9. Every person who shall willfully refuse or neglect to comply with 

 the notice of the commissioners, as hereinafter provided, to remove and destroy 

 said diseased trees shall be liable for all the costs, charges and disbursements 

 made upon the proceedings of said commissioners and of the board of com- 

 missioners, to effect such removal and destruction, together with a penalty of 

 five dollars for each and every day, but not exceeding one hundred dollars in 

 all, such trees remain undestroyed, which costs, charges, disbursements and 

 penalty shall be recovered of him in action of trespass upon the case, in the 

 form of assumpsit, brought and prosecuted by the supervisor, in the name and 

 for the benefit of the township, and before any justice of the peace therein, 

 in the same manner and with like proceedings as are applicable in civil cases 

 before such courts, and upon judgment being rendered in favor of said town- 

 ship, the said justice of the peace shall issue execution against the defendant 

 in said action, which may be stayed, as in other cases, but when collected he 

 shall pay the amount thereof forthwith, to the treasurer of said township, to 

 the credit of the general fund. 



Sec. 10. The form of the declaration in any suit instituted as aforesaid, may 



be as follows, to wit : In justice court, before A B, justice of township, 



county , the township of , said county complains of C D, in an 



action of trespass upon the case, and says that D justly owes the said town- 

 ship dollars, being the amount of expenses incurred by said township in 



the removal and destruction of trees infected with the yellows, from (designat- 

 ing the premises with reasonable certainty), and the penalty incurred by said 

 D for not removing and destroying said trees pursuant to an act entitled 

 '* An act to prevent the spread of the yellows, a contagious disease, among 

 peach, nectarine and other trees, and to extripate the same,'' wherefore the 

 said township brings suit. A B, Supervisor. 



Sec. 11. The commissioners shall be allowed, for services under this act, 

 two dollars for each full day aud one dollar for each half day, and their other 

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

 charges and disbursements under this act, by the township board. 



Sec. 12. In all suits and prosecutions under any of the provisions of this act 

 it shall be necessary to prove that such trees or fruit were diseased or infected. 



