LAWS RELATING TO HORTICULTURE 44] 



SPRAYING. 



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

 uiuetj^-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 1897.J 



Section 1. The People of the State of Michigan enact, That act numl5er 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 Michifjan 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 poisonous 

 solution or disinfectant and of sutlicient 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: Provided, also. 

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

 som, except in case of canker worm. 



Sec. 2. In any township in this State where such 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 the petition of at least ten freeholders of 

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

 as commissioners, who shall hold office during the pleasure of the board, aud 

 such order of appointment and of revocation shall be entered at large upon the 

 township record: Provided, 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 township. 



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 townships, 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 i-esidence, or if the owner be a 

 non-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 grow- 

 ing. The notice shall contain a simple statement of the facts as found to exist 

 with an order to effectualy 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, or in case 

 of San Jose or other scale insect to effectually spray or destroy such infested 

 trees, within such time from the date of the service of the notice as such commis- 

 sioners, 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 vineyards designated by the commissioners. 

 as aforesaid, or in case of San Jose or other scale insects to effectually spray or 

 destroy such infested trees, it shall become the duty of the commissioners to cause 

 said trees or vines to be effectually spraved with a poisonous solution or disin- 

 56 



