440 STATE HORTICULTURAL SOCIETY 



dence, or if the owner be a non-resident, by leaving the notice with the person 

 in charge of the trees or fruit, or the person in whose possession said trees or 

 fruit may be. The notice shall contain a simple statement of the facts as found 

 to exist, w'ith an order to effectually uproot and destroy, by fire, or as the com- 

 missioner shall order, the trees so marked and designated, or such parts thereof, 

 within five days, Sundays excepted, from the date of the service of the notice, 

 and in case of fruit so "infected, such notice shall require the person in whose 

 possession or control it is found to immediately destroy the same, or cause it 

 to be done, or the commissioner may destroy the same. Said notice and order to 

 be signed by one or more of the commissioners. 



Sec. 5. In case any person w^ho is interested in any tree or trees so ordered to 

 be destroyed shall feel aggi'ieved by such order and shall believe that such trees 

 are not so diseased, he may serve a written notice upon all of the commissioners 

 in the township in which such trees are situated, which notice shall specify the 

 part of such order to which objection is made and the particular tree or trees 

 included in such order which it is claimed are not so diseased and shall request 

 an examination of such tree or trees by all of said commissioners, which notice 

 shall be served personally upon each of said commissioners within the five days 

 given for the destruction of said trees, and it shall thereupon be the duty of all 

 of said commissioners who have not already done so to personally examine such 

 tree or trees as soon as practicable, and within said five days, and if a majority 

 of all the commissioners shall agree that such tree or trees are so diseased, they 

 shall order the same to be destroyed forthwith by the owner or custodian thereof, 

 but if a majority shall decide that such tree or trees, or any of them, are not 

 so diseased, they shall revoke the order of the commissioner to destroy the same 

 so far as- it relates to the trees so found to be free from disease, but this section 

 shall not apply to fruit ordered to be destroyed. 



Sec. 6. Whenever and person shall refuse .or neglect to comply with the order 

 to remove and destroy the trees or parts of trees so designated and marked by 

 the commissioner as aforesaid, it shall become the duty of the commissioner to 

 cause said trees or parts of trees to be removed and destroyed forthwith, employ- 

 ing all necessary aid for that purpose. The expenses for such removal and destruc- 

 tion of trees or parts of trees to be a charge against the township or city, and for 

 the purpose of such removal [and] on destiniction, the said commissioners, their 

 agents and workmen, shall have the right and power to enter upon any and all 

 premises within their township or city. 



Sec. 7. If any owner neglects to uproot and destroy or cause to be removed and 

 destroyed as aforesaid, such diseased trees, or parts of trees, or fruit, after such 

 examination and notification, and within the time hereinbefore specified, or any 

 other person who shall sell or offer for sale such diseased fruit, such person shall 

 be deemed guilty of a misdemeanor, and punished by a fine not exceeding one 

 hundred dollars or by imprisonment in the county jail not exceeding three months, 

 or both, in the discretion of the court, and any justice of the peace of the town- 

 ship or city where such trees may be, or where such nurseiy stock or fruit is 

 sold, shipped, disposed of, or delivered as aforesaid, shall have jurisdiction thereof. 

 The words "parts of treees," wherever used in this act, shall refer to black knot 

 and pear blight only, and not trees affected with yellows. 



Am. P. A. 1897, act 110. Sec. 8. The commissioners shall 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, shall be 

 certified by the commissioners to the supervisors or city council on the first day 

 of October of each year. Said certificate shall describe the lands on w^hich such 

 diseased trees stood, and the expense incurred in removing the same. The amount 

 so cextified shall be levied by the supervisor upon the premises described in said 

 certificate, the owners or occupants of which having refused to remove and 

 destroy said diseased trees as required in this act. The amount so levied shall 

 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. 



