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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 fruit or trees to be destroyed. 



Sec. 2. In any township in this State in which such contagious disease exists, or 

 in which there is good reason to believe it exists, or danger may be justly appre- 

 hended of its introduction, as such information becomes known to the township 

 board or any member thereof, it shall by [be] the duty of said board to appoint 

 forthwith three competent freeholders of said township as commissioners, who shall 

 hold office during the pleasure of said board, and such order of appointment and of 

 revocation shall be entered at large upon the township records. 



Sec. 3. It shall be the duty of said commissioners, within ten days after ai)point- 

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

 ship, 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 lile and preserve all papers i)ertaining to the duties and 

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

 of said township. 



Sec. 4. It shall 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 or black knot exists or is supposed to exist within the limits of their 

 townships, to proceed without delay to examine the tree gr 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 trees or fruit or the j^erson 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 com- 

 missioner shall order, the trees so marked and 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 full board of 

 commissioners. 



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

 remove and destroy the tree or parts of trees so designated and marked by the com- 

 missioners as aforesaid, it shall become the duty of the commissioners to cause said 

 tree or parts of trees to be removed and destroyed forthwith, employing all neces- 

 sary aid for that purpose, the expenses for such removal and destruction of trees 

 or parts of trees to be a charge against the township; 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. 



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

 destroyed as aforesaid, such diseased tree, or x>art8 of trees or fruit, after such exam- 

 ination and notification, and within the time hereinbefore sxiecified, such person 

 shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one 

 hundred dollars, or by imprisonment 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 

 where such treestnay be, or Avhere such nursery stock or fruit is sold, shipped, dis- 

 posed 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 disburse- 

 ments under this act, by the township board, all of which costs, charges, expenses, 

 and disbursements may be recovered by the township from the owner of said 



