LAWS RELATING TO HORTICULTURE. 355 



Sec. 8. The commissioners sliall 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 disbursements hereunder, to be audited, as well as any other charges and 

 disbursements under this act, by the township board, or city council, all of which 

 costs, charges, expenses and disbursements may be recovered by the township, 

 or city, from the owner of such diseased fruit or nursery stock, or from the owner 

 of the premises on which said diseased trees stood, in action of assumpsit: Pro- 

 vided, Said owner has refused or neglected to remove said diseased fruit or nursery 

 stock in compliance with the order of said commissioner or commissioners. 



Sec. 9. All of act number one hundred and twelve of the public acts of eighteen 

 hundred and ninety-three be and the same is hereby repealed. 



This act is ordered to take immediate effect. 



Approved May 4, 1895. 



SPRAYING. 



AN ACT to prevent the spreading of bush, vine, and fruit tree pests, such as 

 canker-worms and other insects, and fungus and contagious diseases, and to 

 provide for their extirpation. 



Section 1. The People of the State of Michigan enact, That it shall be the 

 duty of every owner, possessor, or occupier of an orchard, nursery, or vineyard, 

 or of land where fruit trees or vines are grown, within this state, to spray with 

 a poisonous solution or disinfectant, of sufficient strength to destroy such injurious 

 insects or contagious diseases, all fruit trees or vines grown on such lands which 

 may be infested with any injurious insects or worms, or infected with any con- 

 tagious disease known to be injurious to fruit or fruit trees or vines: Provided, 

 That no such spraying shall be done while said fruit trees or vines are in blossom, 

 except in case of canker-worms. 



Sec. 2. In any township in this state where such injurious insects or contagious 

 diseases are known to exist, or in which there is good reason to believe they exist, 

 or danger may be justly apprehended of their introduction, it shall be the duty of 

 the township board, upon the petition of at least ten freeholders of such township, 

 to appoint forthwith three competent freeholders of said township as commis- 

 sioners, who shall hold office during the pleasure of the board, and such order of 

 appointment and of revocation shall be entered at large upon the township record: 

 Provided, That in townships having a board of yellows commissioners, such com- 

 missioners shall be ex officio commissioners under this act. 



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

 ment, as aforesaid, to file their acceptance of the same with the clerk of said 

 township, and said clerk shall be ex officio clerk of said board of commissioners, and 

 he shall kept a correct record of the proceedings of said board, in a book to be 

 provided for that 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 townships. 



Sec. 4. It shall be the duty of said commissioners, or any one of them, upon, 

 or without, complaint, whenever it comes to their notice, that any orchard, fruit 

 trees, or vines, are infested with canker-worm or other injurious insects or con- 

 tagious disease, within their townships, to proceed without delay to examine such 

 orchards or vineyards supposed to be infested, and if such injurious insects or 

 contagious diseases are found to exist, the owner shall be notified personally, or 

 by a written notice left at his usual place of residence; or if the owner be a non- 



