26 



actions of said commissioners, or eitlier of thera, whicli sliall 1)e a part of the records 

 of said township. 



Sec. 4. It shall be the duty of the commissioners, or any of them, upon or without 

 complaint, whenever it comes to their notice that the disease known as yellows exists 

 or is supposed to exist within the limits of their township, to proceed 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 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 facts as found to exist, with an order to effectu- 

 ally remove and destroy, by fire or otherwise, the trees so marked 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 i^ossession 

 or control it is found to immediately destroy the same or cause it to be done. Such 

 notice and order to be signed by the full board of commissioners. 



Sec. 5. AVhenever any j)erson shall refuse or neglect to comx^ly 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 and destroyed 

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

 and destruction 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 person neglects to remove and destroy, or cause to be removed and 

 destroyed, as aforesaid, such diseased tree or fruit, after such examination and noti- 

 fication, and within the time hereinbefore specified, such persons 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 

 fruit is sold, shipjDed, or disj)osed of, as aforesaid, shall have jurisdiction thereof. 



Sec. 7. The commissioners shall be allowed for services, under this act, two dol- 

 lars 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 diseased 

 fruit, or from the owner of the premises on which said diseased trees stood, in an 

 action of assumj)sit. 



Sec. 8. [Repeals act 32 of 1879.] 



Approved, May 31, 1881. 



AX ACT to prevent tlie spread of tlie yellows, a contacrions disease, among peach, almond, apricot, 

 and nectarine trees, and to provide measures for the eradication of the same, and to repeal act 32 

 of the session laws of 1879. ' 



The people of the State of Michigan enact: 



Section 1. That it shall be unlawful for any person to keep any j)each, almond, 

 apricot, plum, prune, cherry, or nectarine tree, infected with the contagious diseases 

 known as yellows or black knot, or to ofier for sale or shipment, or to sell or ship to 

 others any of the fruit thereof; that both tree and fruit so infected shall be sub- 

 ject to destruction as public nuisances, as hereinafter provided, and no damages 

 shall be awarded in any court in the State for entering upon premises and destroy- 

 ing such diseased trees or parts of trees and fruit if done in accordance with the 

 provisions of this act; and it shall be the duty of every person, as soon as he 



'Public Acts, Michigan, session of 1891. Lansing, 1891, jSTo. 158, pp. 199-201. (An imperfect title. 

 Black knot is not mentioned in the title, and the law actually repealed is act 174 of the laws of 1881, 

 and not act 32, seesiou laws of 1879, which was repealed in 1881.) 



