354 STATE HORTICULTURAL SOCIETY. 



to the ciuties and actions of said commissioners, or either of them, which shall be 

 a part of the records of said township 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, blacli knot, peach rosette or pear blight exist, or are supposed 

 to exist wiihin 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 resi- 

 dence, or if the owner be a non-resident, by leaving the notice with the person in 

 charj,'e of the trees or fruit, or the person in whose possession said trees or fruit may 

 be. The notice f^hall contain a simple statement of the facts as found to exist, 

 with an order to effectually uproot and destroy, by fire or as the commissioner 

 shall order, the trees so marked or designated, or such parts thereof, within five 

 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, or the com- 

 missioner may destroy the same. Said notice and order to be signed by one or more 

 of the commissioners. 



Sec. 5. In case any person who is interested in any tree or trees so ordered 

 to be destroyed shalS feel aggrieved by such order and shall believe that such 

 trees are not so diseased, he may serve a written notice upon all of the commission- 

 ers in the township in which such trees are situated, which notice shall specify the 

 part of such oi'der to which objection is made and the particular tree or trees 

 included in such order which it is claimed are not so diseased, and shall request 

 au examination of sucli tree or trees by all of said commissioners, which notice 

 shall be served personally upon each of said commissioners within the five days 

 given for the destruction of said trees, and it shall thereupon be the duty of all 

 said commissioners who have not already done so to personally examine such 

 tret or trees as soon as practicable and within said five days, and if a majority of 

 all the commissioners shall agree that such tree or trees are so diseased, they 

 shall order the same to be destroyed forthwith by the owner or custodian thereof; 

 but if a majority shall decide that such tree or trees, or any of them are not 

 so diseased, they shall revoke the order of the commissioner to destroy the same 

 as far as it relates to the trees so found to be free from disease, but this section 

 shall not apply to fruit ordered to be destroyed. 



Sec. 6. Whenever any person shall refuse or neglect to comply with the 

 order to remove and destroy the trees or parts of trees so designated and marked 

 by the commissioner as aforesaid, it shall become the duty of the commissioner 

 to cause said trees or parts of trees to be removed and destroyed forthwith, employ- 

 ing 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 or city, 

 and for Ihe purpose of such removal or destruction the said commissioners, their 

 agents and workmen shall have the right and power to enter upon any and 

 all premises within their township or city. 



Sec. 7. If any owner neglects to uproot and destroy, or cause to be removed 

 and destroyed, as aforesaid, such diseased trees, or parts of trees or fruit, after 

 such examination and notification, and within the time hereinbefore specified, or 

 any other person who shall sell or offer for sale such diseased fruit, 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 

 black knot and pear blight only, and not to trees affected with yellows. 



