388 STATE HORTICULTURAL SOCIETY. 



be collected in the same manner as delinquent highway taxes are collected, and 

 shall be paid into and belong to the general fund of the township or city as the 

 case may be. 



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 hundred and ninety-three be and the same is hereby repealed. 



SPRAYING. 



AN ACT to amend act number one hundred eight, session laws of eighteen hundred 

 ninety-five, entitled "An act to prevent the spreading of bush, vine and fruit 

 tree pests, such as canker worm and other insects, and fungus and contagious 

 diseases, and to provide for their extirpation." 



[Act 2, Laws 189r.] 



Section 1. The People of the State of 3Iichigan enact, That act number one hun- 

 dred eight of the public acts of eighteen hundred ninety-five, entitled "An act to 

 prevent the spreading of bush, vine and fruit tree pests, such as canker worm 

 and other insects, and fungus and contagious diseases, and to provide for their 

 extirpation," be and the same is hereby amended so as to read as follows: 



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 and of sufficient strength to destroy such injurious insects 

 or contagious disease, all fruit trees or vines grown on such lands which may 

 be infested with any injurious insect or worm, or infected with any contagious 

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

 such trees and vines are infested with the San Jose or other scale insects, such 

 trees or vines shall be either effectually sprayed or destroyed: Promded, also. 

 That no such spraying shall be done while said fruit trees or vines ax*e in blos- 

 som, except in case of canker worm. 



Sec. 2. In any township in this State where sucli injurious insects or con- 

 tagious 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 tlie petition of at least ten freeholders of 

 such township, to appoint forthwith three competent freeliolders of said township 

 as commissioners, 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: Promded, That in townships having a board of yellows com- 

 missioners, such commissioners shall be ex officio commissioners under this act. 



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

 appointment 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 commis- 

 sioners, and he shall keep 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 per- 

 taining 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 towusliips, 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-resident, by leaving the notice witli the person in charge of the trees or 

 vines, or the occupant of the lands upon which such trees or vines shall be grow- 



