LAWS OF MICHIGAN RELATING TO HOR- 

 TICULTURE. 



YELLOW'S AND BLACK KNOT. 



AN ACT to prevent the spread of the contagious diseases linown as yellows, 

 black knot, peach rosette, and pear blight among peach, plum, cherry, prune, 

 almond, apricot, nectarine, and pear trees, or the fruit thereof, by providing 

 measures for the eradication of the same, and to repeal act number one hundred 

 twelve of the public acts of eighteen hundred ninety-three, approved May 

 twenty-fifth, eighteen hundred ninety-three. 



[Act 109, Laws 1895.] 



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

 for any person to keep any peach, almond, apricot, plum, prune, cherry, nectarine 

 or pear tree infected with the contagious diseases Ifuown as yellows, black knot, 

 peach rosette or pear blight, or to offer for sale or shipment or to sell, or to ship 

 any of the fruit thereof, except the fruit of the plum, cherry and pear tree; that 

 both tree and fruit so infected shall be subject to destruction as public nuisances 

 as hereinafter provided. No damages shall be awarded in any court in the State 

 for entering upon the premises and destroying such diseased trees, or parts of trees, 

 or fruit, if done in accordance with the provisions of this act. It shall be the 

 duty of every person as soon as he becomes aware of the existence of such disease 

 in any tree, parts of trees, or fruit owned by him, to forthwith destroj% or cause 

 said trees or fruit to be desti'oyed. 



Sec. 2. In any township or city in this State in which such contagious dis- 

 eases 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 or city council, as soon as such information becomes known to either such 

 board or council, or any member thereof, to appoint forthwith three competent 

 freeholders of said township or city, as commissioners, to be known as yellows 

 commissioners, who shall hold office during the pleasure of said board, or city 

 council, and such order of appointment and of revocation shall be entered at large 

 upon the township or city records: Provided, That the commissioners now 

 appointed and in oflice shall continue in said office until their successors are 

 appointed and qualified: Provided, That in case commissioners have already been 

 appointed to prevent the spreading of bush, vine and fruit tree pests, such com- 

 missioners shall be ex offlcio commissioners under this act. 



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

 appointment as aforesaid, to file their acceptances of the same with the clo.rk of 

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

 missioners and he shall 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 per- 

 taining to the duties 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 



