THE NEW YELLOWS LAW 



AN ACT to prevent the spread of the contagious diseases known as yellows and black knot among peach, 

 plum, cherry, prune, almond, apricot and nectarine trees, or the fruit thereof, by providing measures 

 for the eradication of the same, and to repeal act number one hundred and fifty-eight of the public 

 acts of eighteen hundred and ninety-one, entitled " An act to prevent the spread of yellows, a coQta- 

 gious disease among peach, almond, apricot, and nectarine trees, and to provide measures for the 

 eradication of the same, and to repeal act thirty-two of the session laws of eighteen hundred and 

 seventy-nine," approved April four, eighteen hundred seventy-nine. 



Section 1. The People of the State of Michiuan enact, That it shall be unlawful for any person to 

 keep any peach, almond, apricot, plum, prune, cherry or nectarine tree infected with the contagious dis- 

 eases known as yellows or black knot, or to oEfer for sale or shipment, or to sell, or to ship any of the 

 fruit thereof, except the fruit of the plum and cherry 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 part-? 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. 



Seo. 2. In any township, city or village in this State in which such contagious diseases exist, or in 

 which there is good reason to believe they exist, or danger may be justly apprehended of their introduc- 

 tion, it shall be the duty of the township or village 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, village or city as commissioners, who shall hold office during 

 the pleasure of said board, village or city council, and such order of appointment and of revocation 

 shall be entered at large upon the township, village or city records: Provided, That the commissioners 

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

 qualified. 



Seo. 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, village or city, and said clerk shall be 

 ex officio clerk of said board of commissioners, 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 pre.ierve all papers pertaining to 

 the duties and actions of said commissioners, or either of them, which shall be a part of the records of 

 said township, village or city. 



Seo. 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 or black knot, or other 

 contagions diseases exist, 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 person- 

 ally, or by a written notice left at his usual place of residence, 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, with 

 an order to effectually uproot and destroy, by fire, or as the commissioner shall order, the trees so marked 

 or designated, or such parts thereof, within ten days, Sundays excepted, from the date of the service of 

 the notice; and in case of trees known as nursery stock, or 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. Said notice and order to be signed by the fall board of commissioners. 



Sec. h. Whenever any person shall refuse or neglect to comply with the order to remove and destroy 

 the trees or parts of trees so designattjd 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, 

 employing all necessary aid for that purpose. The expenses for such removal and destruction of trees or 

 parts of trees to be a charge against the townt^hip, village or city; and for the purpose of such removal 

 and destruction, the said commissioners, their agents and workmen shall have the right and power to 

 enter upon any and all premises within their township, village or city. 



Sec. 6. If any owner neglects to uproot and destroy or cause to be removed and destroyed as afore- 

 said, such disea.sed trees, or parts of trees or fruit, after such examination and notification, and within 

 the time hereinbefore specified, such person shall be deemed guilty of a misdemeanor, and punished by a 

 fine not exceeding one hundrftd dollars, or by imprisouinent in the county jail not exceeding three 

 months, or both, in the discretion of the court; and any justice of the peace of the township or city 

 where such trees may be, or where such nursery stock or fruit is sold, snipped, disposed of, or delivered 

 as aforesaid, shall have jurisdiction thereof. The words "'parts of trees," wherever used in this act, 

 shall refer to black knot only, and not to trees affected with yellows. 



Sec. 7. 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, village or city coun- 

 cil, all of which costs, charges, expenses and disbursements may be recovered by the township, village 

 or city from the owner of said diseased fruit or nursery stock or from the owner of the premises on 

 which said diseased trees stood, in action of assumpsit. 



Seo. 8. All of act number one hundred and fifty-eight, of the public acts of eighteen hundred and 

 ninety-one be and the same is hereby repealed. 



This act is ordered to take immediate effect. 



Approved May 2r), 1893. 



