41 



section 4, or who knowingly suffers any of the said noxious weeds to grow ttereon 

 and the seed to ripen so as to cause or endanger the spread thereof, or who suffers 

 any hlack knot to remain on plum or cherry trees, or keeps any peach, nectarine, or 

 other trees infected with yellows, or the fruit of trees so infected, shall, upon convic- 

 tion, be liable to a fine of not less than five or more than twenty dollars for every 

 such offense. 



[Paragraph 2 relates to weeds.] 



Any person who knowingly offers for sale or shipment, or sells or ships the fruit of 

 trees infected with yellows shall, upon conviction, be liable to a fine of not less than 

 five nor more than twenty dollars. 



Every inspector, overseer of highways, or other officer who neglects to discharge 

 the duties imposed on him by this act shall, upon conviction, be liable to a fine of not 

 less than ten nor more than twenty dollars. 



11. Every offense against the provisions of this act shall be x>unished and the pen- 

 alty imposed for each offense shall be recovered and levied, on summary conviction, 

 before any justice of the peace; and all fines imposed shall be paid to the treasurer 

 of the municipality in which the offense is committed, for the use of the municipality. 



12. The council of every municipality in Ontario shall require its inspector, over- 

 seer of highways, and other officers to faithfully discharge all their duties under 

 this act. 



13. [This section relates to weeds.] 

 Assented to, March 25, 1884. 



In 1893 the following additional legislation was enacted: 



AX ACT for the better prevention of certain diseases afi'ecting fruit trees.' 



Her Majesty, by and with the advice and consent of the legislative assembly of the Province 

 of Ontario, enacts as follows : 



1. This act may be cited as the yellows and black knot act, 1893. 



2. The act to prevent the spread of noxious weeds and of diseases affecting fruit 

 trees and the acts passed in amendment thereof in the fifty-third and fifty-fourth 

 years of Her Majesty's reign are repealed so far as the said acts relate to the diseases 

 known as ^'yellows" and ''black knot'^ in certain fruit trees. 



3. It shall be the duty of every occupant of land, or if the land be unoccupied it 

 shall be the duty of the owner, (1) to cut out and burn all black knot found on plum 

 or cherry trees on his laud so often each year as it shall appear on such trees; and 

 (2) to cut down and burn any peach, nectarine, or other trees on his land infected 

 with the disease knoM'u as the yellows, and to destroy all the fruit of trees so infected. 



4. (1) The council of any city, town, township, or incorporated village may, and 

 upon a petition of fifteen or more ratepayers shall, by by-law, appoint at least one 

 inspector to enforce the provisions of the act in the municipality, and fix the amount 

 of remuneration, fees, or charges he is to receive for the performance of his duties; 

 and in case a vacancy shall occur in the office of inspector it shall be the duty of 

 the council to fill the same forthwith, and the council (in any municipality where 

 peaches are grown) shall also, by by-law, appoint three or more persons resident in 

 the municipality, who shall constitute a board of fruit-tree inspection, to which 

 appeals shall lie from the order or decision of the said inspector. (2) The council 

 may pass a by-law dividing the municipality into such sections or divisions as may 

 be necessary for the carrying out of this act, and may appoint inspectors for such 

 divisions whose duties and powers shall in all respects be the same as that of the 

 township inspector. 



5. If written complaint be made to the inspector that yellows or black knot exists 

 within the uumicipality, in any locality described in such complaint with reasonable 

 certainty, he shall proceed to examine the fruit trees in such locality, and if satis- 

 fied of the presence of either disease he shall immediately give notice in writing to 



1 Statutes of Ontario, Canada, 56tli Victoria, 1893, Chapter XLII. 



