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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 destrue- 
tion as public nuisances as hereinafter provided. No damages shall be awarded in 
any court in the State for entering upon the premises aud 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, borough, or city of 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 introduction, it shall be the duty of the township 
supervisors or board of road control, or borough or city council, as soon as such 
information becomes known to either such board or councils, or any member thereof, 
to appoint, forthwith, three competent freeholders of said township, borough, or 
city as commissioners, who shall hold office during the pleasure of said board, bor- 
ough, or city council, and such order of appointment and of revocation shall be 
entered at large upon the township, borough, 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 commissioners shall be ex ufficio commissioners under this act. 
Sec. 3. Itshall be the duty of said commissioners, within 10 days after the appoint- 
ment as aforesaid, to file their acceptances of the same with the clerk of said town- 
ship, borough, 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 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 borough, township, or city, providing that if 
there is no township clerk, then it shall be the duty of the township auditors to 
select one of their number as such clerk. 
Sec. 4. Itshall be the duty of the commissioners, or any one of them, upon or with- 
out complaint, whenever it comes to their notice that either of the diseases known as 
yellows, black knot, peach rosette, or pear blight exist or are supposed to exist within 
the limits of their township, borough, 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 dis- 
tinguishing mark shall be placed upon the diseased trees and the owner notified 
personally or by a written notice left at his usual place of residence; or if the owner 
be a nonresident, 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 five days, Sundays excepted, from the date 
of the service of the notice; and in case of fruit 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 who is interested in any tree or trees so ordered to be 
destroyed shall feel aggrieved by such order, and shall believe that such trees are 
not so diseased, he may serve a written notice upon all 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 8aid commissioners, which notice shall be served per- 
sonally upon each of said commissioners within the five days given for the destruc~ 
tion of said trees, and it shall thereupon be the duty of all said commissioners who 
have not already done so to personally examine such tree or trees as soon as practi- 
cable, and within the said five days, and if a majority of all commissioners shall 
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