LAWS OF MICHIGAN RELATING TO HOR- 

 TICULTURE. 



YELLOWS AND BLACK KNOT. 



AN ACT to prevent the spread of the contagious disease known as yellows, 

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

 almond, apricot, nectanne, 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 known as yellows, black knot, 

 peach x'osette 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 destroy, or cause said 

 trees or fruit to be destroyed. 



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 infonnation bcomes 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 office 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 cap 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 acceptances of the same with the clerk of 

 said township, or city, and said clerk be ex officio clerk 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 

 known as yellows, black knot, peach rosette or peach blight exists, or are supposed 

 to exist within 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 

 owners notified personally, or by written notice left at his usual place of resi- 



