25 



ate applicable in civil cases before such courts, and upon judgment being rendered 

 in favor of said township, tbe said justice of the peace shall issue execution against 

 the defendant in said action, which may be stayed, as in other cases, but when col- 

 lected, he shall pay the amount thereof forthwith to the treasurer of said township 

 to the credit of the general fund. 



Sec. 10. The form of the declaration in any suit instituted as aforesaid may be as 



follows, to wit : In justice court before A B, justice of township, county . 



The township of , said county, complains of C D in an action of trespass upon 



the case, and says that C D justly owes the said township dollars, being the 



amount of expenses incurred by said township in the removal and destruction of 

 trees infected with the yellows, from (designating the premises with reasonable cer- 

 tainty), and the penalty incurred by said C D for not removing and destroying said 

 trees pursuant to an act entitled ^^ An act to prevent the spread of yellows, a conta- 

 gious disease, among peach, nectarine, and other trees, and to extirpate the same;" 

 wherefore the said township brings suit. 



A B, Supervisor. 



Sec. 11. The commissioners shall be allowed for their services under this act $2 for 

 each full day, and $1 for each half day, and their other charges and disbursements 

 hereunder, to be audited, as well as any other charges and disbursements under this 

 act, by the township board. 



Sec. 12. In all suits and prosecutions under any of the provisions of this act it shall 

 be necessary to prove that such trees or fruit were diseased or infected. 



Sec. 13. [Repeals act 379 of local laws of 1875.] 



Sec. 14. This act shall take immediate effect. 



Approved, April 4, 1879. 



TLis law was in force two years, being superseded by the law of 1881, 

 wliicli is as follows : 



AN ACT to prevent the spread of the yellows, a contagious disease, among peach, almond, apricot, 

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

 the session laws of 1879. i 



The people of the Siate of Michigan enact : 



Section 1. That it shall be unlawful for any person to keep any peach, almond, 

 apricot, or nectarine tree infected with the contagious disease known as the yellows, 

 or to offer 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 subject to destruction as public nui- 

 sances, as hereinafter provided, and no damages shall be awarded in any court in 

 this State for entering upon the premises and destroying such diseased 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 becomes aware of the existence of such disease in any 

 tree or fruit owned by him, to forthwith destroy or cause the same 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 apprehended 

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

 or any member thereof, it shall be the duty of said board to appoint forthwith three 

 competent freeholders of said township as commissioners, who shall hold office dur- 

 ing the pleasure of said board, and such order of appointment and revocation shall 

 be entered at large upon the township records. 



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

 ment as aforesaid, to file their acceptance of the same Avith 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 file and preserve all papers pertaining to the duties and 



1 Public Acts, Michigan, session of 1881. Lansing, W. S. G-eorge & Co., State printers. No. 174, p. 210 

 (see also Howell's Annotated Statutes, Michigan, 1882, Yol. I, Chapter LXVI, p. 587). 



