MICHIGAN. 71 



MICHIGAN. 



Act 91, P. A. 1905. 



An Act to prevent the importation from other States and the spread within this State 

 of dangerous insects and dangerously contagious diseases affecting trees, shrubs, 

 vines, plants, and fruits, and to repeal all acts or part [parts] of acts that contravene 

 the provisions of this act. 



The people of the State of Michigan enact: 



Section 1. It shall be unlawful for any person or persons, firm or corpora- 

 tion, knowingly, to keep upon their premises, or upon premises under their con- 

 trol or charge, any trees or fruit infected with the diseases known as peach yel- 

 lows, rosette, or little peach, or any part of a tree infected with the diseases 

 known as black knot or pear blight, or any tree, shrub, plant, or vine infected 

 with any other dangerously contagious disease, or infested with the San Jose 

 scale, cankerworm, or any other dangerously noxious insect pest. It shall also 

 be unlawful for any person or persons, firm or corporation, knowingly, to sell 

 or offer for sale, or to give away, any tree, shrub, plant, or vine infected or 

 infested with anj^ dangerously infectious disease or noxious insect, or any fruit 

 infected with peach yellows. 



Sec. 2. The State board of agriculture shall, upon the passage of this act, 

 appoint some competent person to be known as State inspector of orchards and 

 nurseries, who shall hold office for two years, and whose duties shall be as here- 

 inafter prescribed. He shall have power to appoint such • number of deputy 

 inspectors as may be necessary, subject to the approval of the State board of 

 agriculture. Said deputy inspectors shall act under the orders of, and shall per- 

 form such duties as may be directed by the State inspector of orchards and 

 nurseries. The salary, or per diem, of the State and deputy inspectors shall be 

 fixed by the State board of agriculture. 



Sec 3. Any person or persons, firm or corporation, growing or offering for 

 sale, in this State, any trees, shrubs, vines, or plants, commonly known as 

 nursery stock, shall, on or before the first day of August in each year, apply to 

 the Michigan State board of agriculture for the inspection of said stock under 

 the provisions of this act and for a license for its sale. A license fee of five 

 dollars shall be paid, and a bond for one thousand dollars, with sureties satis- 

 factory to said board, and conditioned upon the compliance with the require- 

 ments of this act, shall be filed. No nursery stock shall be shipped or delivered 

 until it has been examined by the State inspector of orchards and nurseries, or 

 a deputy inspector and has received a certificate as hereinafter provided. All 

 growers or dealers in nursery stock shall, upon demand, file with the State board 

 of agriculture a list of the persons to whom they have sold or delivered any 

 nursery stock, giving the species, which list shall be for the sole use of the State 

 inspector of orchards and nurseries and his deputies : Provided^ That the pro- 

 visions of this section shall not apply to persons engaged in fruit growing, who 

 are not nurserymen, but desire to sell or exchange surplus fruit plants of their 

 own growing : Provided further, That the provisions of this section shall not 

 apply to farmers or other persons who may sell shade trees from their own wood 

 lots. 



Sec. 4. No person or persons, firm, or corporation, residents of another State, 

 Territory, province, or country, shall engage or continue in the business of selling 

 or taking orders within this State for the sale of any trees, plants, shrubs, or 

 vines, commonly known as nursery stock, without first obtaining from the State 

 board of agriculture a license, as provided for in section three of this act, and 



