856 STATE HORTICULTURAL SOCIETY. 



resident, by leaving the notice with the person in charge of the trees or vines, or 

 the occupant of the lands upon which such trees or vines shall be growing. The 

 notice shall contain a simple statement of the facts as found to exist, with an order 

 to effectually destroy such injurious insects or worms, or contagious disease by 

 spraying such trees or vines with a poisonous solution, or, in case of contagious 

 disease, to effectually disinfect said diseased trees or vines, within such time from 

 the date of the service of the notice as such commissioners shall designate, 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 spray or disinfect the orchards or vineyard designated by the commissioners, 

 as aforesaid, it shall become the duty of the commissioners to cause said trees or 

 vines to be effectually sprayed with a poisonous solution, or disinfected, as occasion 

 should require, forthwith, employing all necessary aid for that purpose, and the 

 expenses for the same shall be a charge against the township; and for said spraying 

 or disinfecting, the said commissioners, their agents or workmen, shall have the 

 right and power to enter upon any and all premises within their township. 



Sec. 6. If any owner, township officer, or commissioner, neglects or refuses to 

 comply with the requirements of tliis law as set forth in the preceding sections, 

 and within the time therein specified, such persons shall be deemed guilty of a 

 misdemeanor, and punished by fine not exceeding fifty dollars, or imprisonment 

 in the county jail not exceeding sixty days, or by both such fine and imprisonment, 

 in the discretion of the court; and any justice of the peace of the township where 

 such trees or vines may be growing shall have jurisdiction thereof. 



Sec. 7. The several commissioners shall be alloAved for service 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, all of which costs, 

 charges, expense, and disbursements shall be recovered by the township from the 

 owner of said infected or infested orchards or vineyards, from the owner of the 

 premises on which said trees or vines may be growing, in an action of assumpsit. 

 The provisions of this act shall not apply to the contagious disease known as 

 yellows. 



This act is ordered to take immediate effect. 

 Approved May 4, 1895. 



PILFERING FROM ORCHARDS. 



AN ACT to protect vineyards, orchards, and gardens, and to repeal act number 

 131, public acts of 1869, entitled "An act to protect vineyards in the state of 

 Michigan," being section 9195 of Howell's annotated statutes. 



Section 1. The People of the State of Michigan enact, That any person who 

 shall enter a vineyard, orchard, or garden, during the months of July, August, 

 September, or October, without the consent of the owner, and pick, take, carry 

 away, destroy, or injure any of the fruits, vegetables, or crops therein, or In 

 anywise injure or destroy any bush, tree, vine, or plant, shall be guilty of a mis- 

 demeanor, and on conviction thereof shall be punished by imprisonment in county 

 jail, not more than ninety days, or by fine not less than five nor more than one 

 hundred dollars, or by both such fine and imprisonment in the discretion of the 

 court. 



Sec. 2. That act number 131 of the public acts of 1869, entitled "An act to 

 protect vineyards in the state of Michigan," being section 9195 of Howell's anno- 

 tated statutes of Michigan, be and the same is hereby repealed. 



Approved April 17, 1895. 



