34 



• Sec. 2. In any township, borough, or city of this State in which such contagious 

 disease exists, or in which there is good reason to believe it exists, or danger may be 

 justly aj)prehended of its introduction, as soon as such information becomes known 

 to any supervisor of such township, or to any highway or street commissioner of 

 such borough or city, it shall be the duty of said supervisor, highway or street com- 

 missioner to appoint forthwith three competent freeholders of said township, 

 borough, or city as commissioners, who shall hold office during the pleasure of said 

 supervisor or highway or street commissioner, and such order of appointment and 

 of revocation shall be entered at large upon the records of such township, borough, 

 or city. 



Sec. 3. It shall be the duts'' of said commissioners, within ten days after appoint- 

 ment as aforesaid, to file their acceptance of the same with the clerk of said township, 

 borough, or city, 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 the purpose, and shall file and preserve 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, borough, or city. 



Sec. 4. It shall be the duty of the commissioners or any one of them, u^Don or 

 without complaint, whenever it comes to their notice that the disease known as yel- 

 lows exists or is su])posed to exist within the limits of their township, borough, or 

 city, to i^roceed without delay to examine the trees 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 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 tree 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 eflectually remove and destroy, by fire or otherwise, the 

 trees so niarked and designated, within ten days, Sundays excepted, from the date of 

 the service of the notice, and in case of 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 shall be signed by the full board 

 of commissioners. 



Sec. 5. Whenever any person shall refuse or neglect to comply with the order to 

 remove and destroy the trees marked by the commissioners as aforesaid it shall 

 become the duty of the commissioners to cause said trees to be removed aud destroyed 

 forthwith, employing all necessary aid for that purpose; the expense of such removal 

 and destruction of trees to be a charge against the township, borough, or city, and 

 for the purpose of said 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, borough, or city. 



Sec. 6. If any owner neglects to remove and destroy, or cause to be removed and 

 destroyed as aforesaid, such diseased trees and fruit after such examination and 

 notification, and within the time hereinafter [hereinbefore] specified, such person 

 shall be deemed guilty of a misdemeanor, aud punished by a fine not exceeding ten 

 dollars, or by imprisonment in the county jail not exceeding ten days, in the discre- 

 tion of the court; and any justice of the peace of the township or borough, or any 

 alderman in any city of this Commonwealth where such fruit is sold, shipped, or 

 disposed of as aforesaid shall have jurisdiction thereof. 



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 for the time actually employed, 

 and other reasonable charges and disbursements hereunder, to be audited, as well 

 as any other charges and disbursements under this act, by the board of township 

 auditors, or the auditors of such borough, or the controller of such city, to be paid 

 to said commissioners as other township, borough, or city accounts are paid. Such 

 fees and all reasonable charijes and disbursements of said commissioners in each case 



